A person arrested for an offence shall not be kept in police detention except in accordance with the provisions of this Part of this Act.

No person in police detention shall be released except on the authority of a custody officer at the police station where his detention was authorised or, if it was authorised at more than one station, a custody officer at the station where it was last authorised.

A person who appears to the custody officer to have been unlawfully at large when he was arrested is not to be released under subsection (2) above.

The custody officer must give the person notice in writing that the person is not to be prosecuted.

Subsection (5C) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

For the purposes of this Part of this Act a person arrested under F1section 6D of the Road Traffic Act 1988F2or section 30(2) of the Transport and Works Act 1992 (c. 42) is arrested for an offence.

The chief officer of police for each police area shall designate the police stations in his area which, subject to F5sections 30(3) and (5), 30A(5) and 30D(2) , are to be the stations in that area to be used for the purpose of detaining arrested persons.

A chief officer’s duty under subsection (1) above is to designate police stations appearing to him to provide enough accommodation for that purpose.

The Chief Constable of the British Transport Police Force may designate police stations which (in addition to those designated under subsection (1) above) may be used for the purpose of detaining arrested persons.

In this Act “designated police station” means a police station for the time being designated under this section.

One or more custody officers shall be appointed for each designated police station.

No officer may be appointed a custody officer unless the officer is of at least the rank of sergeant.

An officer of any rank may perform the functions of a custody officer at a designated police station if a custody officer is not readily available to perform them.

Subject to the following provisions of this section and to section 39(2) below, none of the functions of a custody officer in relation to a person shall be performed by F10an officer who at the time when the function falls to be performed is involved in the investigation of an offence for which that person is in police detention at that time.

Subject to subsection (7B), subsection (7) applies where a person attends a police station which is not a designated station to answer to bail granted under section 30A as it applies where a person is taken to such a station.

Where subsection (7) applies because of subsection (7A), the reference in subsection (7)(b) to the officer who took him to the station is to be read as a reference to the officer who granted him bail.

References to a custody officer in F115section 34 above or in the following provisions of this Act include references to F16an officer other than a custody officer who is performing the functions of a custody officer by virtue of subsection (4) or (7) above.

The duty imposed by subsection (9) above shall be performed as soon as it is practicable to perform it.

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

If the custody officer has reasonable grounds for F135believing that the person’s detention without being charged is necessary to secure or preserve evidence relating to an offence for which the person is under arrest or to obtain such evidence by questioning the person, he may authorise the person arrested to be kept in police detention.

Where a custody officer authorises a person who has not been charged to be kept in police detention, he shall, as soon as is practicable, make a written record of the grounds for the detention.

Subject to subsection (6) below, the written record shall be made in the presence of the person arrested who shall at that time be informed by the custody officer of the grounds for his detention.

The custody officer must give the person notice in writing that the person is not to be prosecuted.

Subsection (6B) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

The decision as to how a person is to be dealt with under subsection (7) above shall be that of the custody officer.

Where a person is F22dealt with under subsection (7)(a) above, it shall be the duty of the custody officer to inform him that he is being released F23, or (as the case may be) detained, to enable the Director of Public Prosecutions to make a decision under section 37B below.

The detention of the person may be continued to enable a sample to be taken under section 63B, but this subsection does not permit a person to be detained for a period of more than 24 hours after the relevant time.

If the person arrested is not in a fit state to be dealt with under subsection (7) above, he may be kept in police detention until he is.

The duty imposed on the custody officer under subsection (1) above shall be carried out by him as soon as practicable after the person arrested arrives at the police station or, in the case of a person arrested at the police station, as soon as practicable after the arrest.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In this Part of this Act—

• “arrested juvenile” means a person arrested with or without a warrant who appears to be F129 under the age of 18 F27 . . .;

• “endorsed for bail” means endorsed with a direction for bail in accordance with section 117(2) of the M2Magistrates’ Courts Act 1980.

The Director of Public Prosecutions may from time to time revise guidance issued under this section.

Custody officers are to have regard to guidance under this section in deciding how persons should be dealt with under section 37(7) above or 37C(2) F29or 37CA(2) below.

A report under section 9 of the Prosecution of Offences Act 1985 (report by DPP to Attorney General) must set out the provisions of any guidance issued, and any revisions to guidance made, in the year to which the report relates.

Guidance under this section may make different provision for different cases, circumstances or areas.

Where a person is F30dealt with under section 37(7)(a) above, an officer involved in the investigation of the offence shall, as soon as is practicable, send to the Director of Public Prosecutions such information as may be specified in guidance under section 37A above.

The Director of Public Prosecutions shall decide whether there is sufficient evidence to charge the person with an offence.

The Director of Public Prosecutions F31shall give notice of his decision to an officer involved in the investigation of the offence.

Notice under subsection (4) above shall be in writing, but in the case of a person kept in police detention under section 37(7)(a) above it may be given orally in the first instance and confirmed in writing subsequently.

Subsection (5) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

If the decision of the Director of Public Prosecutions is that the person should be charged with an offence, or given a caution in respect of an offence, the person shall be charged or cautioned accordingly.

But if his decision is that the person should be given a caution in respect of the offence and it proves not to be possible to give the person such a caution F128 (whether because of section 17 of the Criminal Justice and Courts Act 2015 or for any other reason) , he shall instead be charged with the offence.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The decision as to how a person is to be dealt with under subsection (2) above shall be that of a custody officer.

A person released on bail under subsection (2)(b) above shall be released on bail subject to the same conditions (if any) which applied immediately before his arrest.

The decision as to how a person is to be dealt with under subsection (2) above shall be that of a custody officer.

A person released on bail under subsection (2)(b) above shall be released on bail subject to the same conditions (if any) which applied immediately before his arrest F141(and the reference in section 50A to any conditions of bail which would be imposed is to be read accordingly).

The custody officer must give the person notice in writing that the person is not to be prosecuted.

Subsection (6) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where a person released on bail under section 37(7)(a) or 37C(2)(b) above returns to a police station to answer bail or is otherwise in police detention at a police station, he may be kept in police detention to enable him to be dealt with in accordance with section 37B or 37C above or to enable the power under F153section 47(4A) to be exercised.

Where a person released on bail under F142section 37(7)(c) or 37CA(2)(b) above returns to a police station to answer bail or is otherwise in police detention at a police station, he may be kept in police detention to enable him to be dealt with in accordance with section 37CA above or to enable the power under F153section 47(4A) to be exercised.

If the person mentioned in subsection (4) or (4A) above is not in a fit state to enable him to be dealt with as mentioned in that subsection or to enable the power under F153section 47(4A) to be exercised, he may be kept in police detention until he is.

Where a person is kept in police detention by virtue of subsection (4) F36, (4A) or (5) above, section 37(1) to (3) and (7) above (and section 40(8) below so far as it relates to section 37(1) to (3)) shall not apply to the offence in connection with which he was released on bail under section F3737(7), 37C(2)(b) or 37CA(2)(b) above.

If the release of a person arrested is not required by subsection (1) above, the custody officer may authorise him to be kept in police detention F43but may not authorise a person to be kept in police detension by virtue of subsection (1)(a)(iiia) after the end of the period of six hours beginning when he was charged with the offence.

The custody officer, in taking the decisions required by subsection (1)(a) and (b) above (except (a)(i) and (vi) and (b)(ii)), shall have regard to the same considerations as those which a court is required to have regard to in taking the corresponding decisions under paragraph F452(1) of Part I of Schedule 1 to the M3Bail Act 1976 F46(disregarding F127paragraphs 1A and 2(2) of that Part).

Where a custody officer authorises a person who has been charged to be kept in police detention, he shall, as soon as practicable, make a written record of the grounds for the detention.

Subject to subsection (5) below, the written record shall be made in the presence of the person charged who shall at that time be informed by the custody officer of the grounds for his detention.

In this section—

• “local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989);

• F50“minimum age” means the age specified in F51section 63B(3)(b) below;

• “secure accommodation” means accommodation provided for the purpose of restricting liberty;

• F52“sexual offence” means an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act 2003;

• F185“terrorism offence” means an offence specified in Part 3 of that Schedule;

• “violent offence” means murder or an offence specified in Part 1 of that Schedule;

and any reference, in relation to an arrested juvenile charged with a violent F186, sexual or terrorism offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him.

Where an arrested juvenile is moved to local authority accommodation under subsection (6) above, it shall be lawful for any person acting on behalf of the authority to detain him.

A certificate made under subsection (6) above in respect of an arrested juvenile shall be produced to the court before which he is first brought thereafter.

In this section “imprisonable offence” has the same meaning as in Schedule 1 to the Bail Act 1976.

In this Part of this Act “local authority” has the same meaning as in the F54Children Act 1989.

If the person detained is subsequently returned to the custody officer, it shall be the duty of the officer investigating the offence to report to the custody officer as to the manner in which this section and the codes of practice have been complied with while that person was in his custody.

Subsections (3B) and (3C) apply if the custody officer, in accordance with any code of practice issued under this Act, transfers or permits the transfer of a person in police detention to an officer mentioned in subsection (2)(a) for the purpose of an interview that is to be conducted to any extent by means of a live link by another police officer who is investigating the offence but is not at the police station where the person in police detention is held at the time of the interview.

The officer who is not at the police station has the same duty as the officer mentioned in subsection (2)(a) to ensure that the person is treated in accordance with the provisions of this Act and of any such codes of practice as are mentioned in subsection (1).

If the person detained is subsequently returned to the custody of the custody officer, the officer who is not at the police station also has the same duty under subsection (3) as the officer mentioned in subsection (2)(a).

For the purpose of subsection (3C), subsection (3) applies as if the reference to “in his custody” were a reference to “being interviewed”.

In subsection (3A), “live link” means an arrangement by which the officer who is not at the police station is able to see and hear, and to be seen and heard by, the person in police detention, any legal representative of that person and the officer who has custody of that person at the police station (and for this purpose any impairment of eyesight or hearing is to be disregarded).

If an arrested juvenile is F55moved to local authority accommodation under section 38(6) above, the custody officer shall cease in relation to that person to be subject to the duty imposed on him by subsection (1) above.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The officer to whom it falls to carry out a review is referred to in this section as a “review officer”.

If a review is postponed under subsection (4) above it shall be carried out as soon as practicable after the latest time specified for it in subsection (3) above.

If a review is carried out after postponement under subsection (4) above, the fact that it was so carried out shall not affect any requirement of this section as to the time at which any subsequent review is to be carried out.

The review officer shall record the reasons for any postponement of a review in the custody record.

Subject to subsection (9) below, where the person whose detention is under review has not been charged before the time of the review, section 37(1) to (6) above shall have effect in relation to him, but with F59the modifications specified in subsection (8A)

Where a person has been kept in police detention by virtue of section 37(9) F61or 37D(5) above, section 37(1) to (6) shall not have effect in relation to him but it shall be the duty of the review officer to determine whether he is yet in a fit state.

Where the person whose detention is under review has been charged before the time of the review, section 38(1) to F62(6B) above shall have effect in relation to him, but with F63the modifications specified in subsection (10A) .

Subject to subsection (14) below, the person whose detention is under review or his solicitor may make representations under subsection (12) above either orally or in writing.

The review officer may refuse to hear oral representations from the person whose detention is under review if he considers that he is unfit to make such representations by reason of his condition or behaviour.

A review under section 40(1)(b) may be carried out by means of a discussion, conducted by telephone, with one or more persons at the police station where the arrested person is held.

In this section “F131live link” has the same meaning as in section 45A below.

Subject to the following provisions of this section and to sections 42 and 43 below, a person shall not be kept in police detention for more than 24 hours without being charged.

Subsection (2) above shall have effect in relation to a person arrested under section 31 above as if every reference in it to his arrest or his being arrested were a reference to his arrest or his being arrested for the offence for which he was originally arrested.

When a person who is in police detention is removed to hospital because he is in need of medical treatment, any time during which he is being questioned in hospital or on the way there or back by a police officer for the purpose of obtaining evidence relating to an offence shall be included in any period which falls to be calculated for the purposes of this Part of this Act, but any other time while he is in hospital or on his way there or back shall not be so included.

Subsection (7) above does not apply to a person whose detention for more than 24 hours after the relevant time has been authorised or is otherwise permitted in accordance with section 42 or 43 below.

A person released under subsection (7) above shall not be re-arrested without a warrant for the offence for which he was previously arrested unless F156, since the person’s release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before his releaseF68; but this subsection does not prevent an arrest under section 46A below.

The custody officer must give the person notice in writing that the person is not to be prosecuted.

Subsection (11) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

Where an officer such as is mentioned in subsection (1) above has authorised the keeping of a person in police detention for a period expiring less than 36 hours after the relevant time, such an officer may authorise the keeping of that person in police detention for a further period expiring not more than 36 hours after that time if the conditions specified in subsection (1) above are still satisfied when he gives the authorisation.

If it is proposed to transfer a person in police detention to another police area, the officer determining whether or not to authorise keeping him in detention under subsection (1) above shall have regard to the distance and the time the journey would take.

Subject to subsection (8) below, the person in detention or his solicitor may make representations under subsection (6) above either orally or in writing.

The officer to whom it falls to determine whether to give the authorisation may refuse to hear oral representations from the person in detention if he considers that he is unfit to make such representations by reason of his condition or behaviour.

Where an officer has authorised the keeping of a person who has not been charged in detention under subsection (1) or (2) above, he shall be released from detentionF179..., not later than 36 hours after the relevant time F144—

A person released under subsection (10) above shall not be re-arrested without a warrant for the offence for which he was previously arrested unless F157, since the person’s release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before his releaseF71; but this subsection does not prevent an arrest under section 46A below.

The custody officer must give the person notice in writing that the person is not to be prosecuted.

Subsection (13) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

Where, on an application on oath made by a constable and supported by an information, a magistrates’ court is satisfied that there are reasonable grounds for believing that the further detention of the person to whom the application relates is justified, it may issue a warrant of further detention authorising the keeping of that person in police detention.

The person to whom the application relates may be kept in police detention during the adjournment.

Subject to subsection (12) below, the period stated in a warrant of further detention shall be such period as the magistrates’ court thinks fit, having regard to the evidence before it.

The period shall not be longer than 36 hours.

If it is proposed to transfer a person in police detention to a police area other than that in which he is detained when the application for a warrant of further detention is made, the court hearing the application shall have regard to the distance and the time the journey would take.

Where an application under this section is refused, no further application shall be made under this section in respect of the person to whom the refusal relates, unless supported by evidence which has come to light since the refusal.

A person released under subsection (18) above shall not be re-arrested without a warrant for the offence for which he was previously arrested unless F158, since the person’s release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before his releaseF73; but this subsection does not prevent an arrest under section 46A below.

The custody officer must give the person notice in writing that the person is not to be prosecuted.

Subsection (21) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

On an application on oath made by a constable and supported by an information a magistrates’ court may extend a warrant of further detention issued under section 43 above if it is satisfied that there are reasonable grounds for believing that the further detention of the person to whom the application relates is justified.

Subject to subsection (3) below, the period for which a warrant of further detention may be extended shall be such period as the court thinks fit, having regard to the evidence before it.

Where a warrant of further detention has been extended under subsection (1) above, or further extended under this subsection, for a period ending before 96 hours after the relevant time, on an application such as is mentioned in that subsection a magistrates’ court may further extend the warrant if it is satisfied as there mentioned; and subsections (2) and (3) above apply to such further extensions as they apply to extensions under subsection (1) above.

A warrant of further detention shall, if extended or further extended under this section, be endorsed with a note of the period of the extension.

Subsections (2), (3) and (14) of section 43 above shall apply to an application made under this section as they apply to an application made under that section.

A person need not be released under subsection (7) above before the expiry of any period for which a warrant of further detention issued in relation to him has been extended or further extended on an earlier application made under this section.

The custody officer must give the person notice in writing that the person is not to be prosecuted.

Subsection (10) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

In F170sections 43, 44 and 45ZB of this Act “magistrates’ court” means a court consisting of two or more justices of the peace sitting otherwise than in open court.

Any reference in this Part of this Act to a period of time or a time of day is to be treated as approximate only.

The consent of a person who has not attained the age of 18 (but has attained the age of 14), or who is a vulnerable adult, may only be given in the presence of an appropriate adult.

Section 42 applies with the modifications set out in subsections (5) to (7) below in any case where the functions of a police officer under that section are, by virtue of subsection (1), performed by an officer who is not at the police station where the arrested person is held.

Subsections (5)(b) and (9)(iii) and (iv) of that section are each to be read as if, instead of requiring the officer to make a record, they required the officer to cause another police officer to make a record.

Subsection (9) of that section is to be read as if the reference in paragraph (b) to the right conferred by section 58 were omitted.

In this section—

• “live link” means an arrangement by which an officer who is not present at the police station where an arrested person is held is able to see and hear, and to be seen and heard by, the arrested person and the arrested person’s solicitor (and for this purpose any impairment of eyesight or hearing is to be disregarded);

• “vulnerable adult” means a person aged 18 or over who may have difficulty understanding the purpose of an authorisation under section 42(1) or (2) or anything that occurs in connection with a decision whether to give such an authorisation (whether because of a mental disorder or for any other reason);

• “appropriate adult”, in relation to a person who has not attained the age of 18, means—

  1. a

     the persons’s parent or guardian or, if the person is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,

  2. b

     a social worker of a local authority, or

  3. c

     if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes;

• “appropriate adult”, in relation to a vulnerable adult, means—

  1. a

     a relative, guardian or other person responsible for the vulnerable adult’s care,

  2. b

     a person who is experienced in dealing with vulnerable adults but who is not a police officer or a person employed for, or engaged on, police purposes, or

  3. c

     if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes.

In subsection (8), in both definitions of “appropriate adult”, “police purposes” has the meaning given by section 101(2) of the Police Act 1996.

Where a live link direction is given, the requirement under section 43(2)(b) for the person to whom the application relates to be brought before the court for the hearing does not apply.

In this section—

• “live link direction” means a direction that a live link be used for the purposes of the hearing;

• “live link” means an arrangement by which a person (when not in the place where the hearing is being held) is able to see and hear, and to be seen and heard by, the court during a hearing (and for this purpose any impairment of eyesight or hearing is to be disregarded);

• “vulnerable adult” means a person aged 18 or over who may have difficulty understanding the purpose of the hearing or what occurs at it (whether because of a mental disorder or for any other reason);

• “appropriate adult”, in relation to a person aged under 18, means—

  1. a

     the person’s parent or guardian or, if the person is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,

  2. b

     a social worker of a local authority, or

  3. c

     if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes;

• “appropriate adult”, in relation to a vulnerable adult, means—

  1. a

     a relative, guardian or other person responsible for the appropriate adult’s care,

  2. b

     a person who is experienced in dealing with vulnerable adults but who is not a police officer or a person employed for, or engaged on, police purposes, or

  3. c

     if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes.

In subsection (4), in both definitions of “appropriate adult”, “police purposes” has the meaning given by section 101(2) of the Police Act 1996.

Regulations under this section shall specify the use to be made in the performance of the functions mentioned in subsection (2) above of F173a live link.

Regulations under this section shall not authorise the performance of any of the functions mentioned in subsection (2)(a) above by such an officer as is mentioned in subsection (1) above unless he is a custody officer for a designated police station.

Regulations under this section may make different provision for different cases and may be made so as to have effect in relation only to the police stations specified or described in the regulations.

Regulations under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

In this section, “live link”, in relation to any functions, means an arrangement by which the functions may be performed by an officer who is not present at the police station where an arrested person is held but who is able (for the purpose of the functions) to see and hear, and to be seen and heard by, the arrested person and any legal representative of that person (and for this purpose any impairment of eyesight or hearing is to be disregarded).

If he is to be brought before a magistrates’ court F81in the local justice area in which the police station at which he was charged is situated, he shall be brought before such a court as soon as is practicable and in any event not later than the first sitting after he is charged with the offence.

If no magistrates’ court F82in that area is due to sit either on the day on which he is charged or on the next day, the custody officer for the police station at which he was charged shall inform the F83designated officerfor the area that there is a person in the area to whom subsection (2) above applies.

If the person charged is to be brought before a magistrates’ court F84in a local justice area other than that in which the police station at which he was charged is situated, he shall be removed to that area as soon as is practicable and brought before such a court as soon as is practicable after his arrival in the area and in any event not later than the first sitting of a magistrates’ court F85in that area after his arrival in the area.

Where the day next following the relevant day is Christmas Day, Good Friday or a Sunday, the duty of the F92designated officer under subsection (6) above is a duty to arrange for a magistrates’ court to sit not later than the first day after the relevant day which is not one of those days.

Nothing in this section requires a person who is in hospital to be brought before a court if he is not well enough.

This section applies in relation to bail granted under this Part subject to the duty mentioned in section 47(3)(b)(“live link bail”).

An accused person who attends a police station to answer to live link bail is not to be treated as in police detention for the purposes of this Act.

Nothing in subsection (4) or (5) affects the operation of section 47(6).

A constable may arrest without a warrant any person who, having been released on bail under this Part of this Act subject to a duty to attend at a police station, fails to attend at that police station at the time appointed for him to do so.

A person who has been released on bail under F150this Part may be arrested without warrant by a constable if the constable has reasonable grounds for suspecting that the person has broken any of the conditions of bail.

A person who is arrested under this section shall be taken to the police station appointed as the place at which he is to surrender to custody as soon as practicable after the arrest.

F96Subject to the following provisions of this section, a release on bail of a person under this Part of this Act shall be a release on bail granted in accordance with F97sections 3, 3A, 5 and 5A of the Bail Act 1976 as they apply to bail granted by a constable.

The normal powers to impose conditions of bail shall be available to him where a custody officer releases a person on bail under F151this Part (except sections 37C(2)(b) and 37CA(2)(b)). In this subsection, “the normal powers to impose conditions of bail” has the meaning given in section 3(6) of the Bail Act 1976.

No application may be made under section 5B of the Bail Act 1976 if a person is released on bail under section F183F100... 37C(2)(b) or 37CA(2)(b) above.

Subsections (1D) to (1F) below apply where a person released on bail under section F184F101... 37C(2)(b) or 37CA(2)(b) above is on bail subject to conditions.

The person shall not be entitled to make an application under section 43B of the Magistrates' Courts Act 1980.

A magistrates' court may, on an application by or on behalf of the person, vary the conditions of bail; and in this subsection “vary” has the same meaning as in the Bail Act 1976.

Where a magistrates' court varies the conditions of bail under subsection (1E) above, that bail shall not lapse but shall continue subject to the conditions as so varied.

Nothing in the Bail Act 1976 shall prevent the re-arrest without warrant of a person released on bail subject to a duty to attend at a police station if F159, since the person’s release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before the person’s release.

Where a custody officer has granted bail to a person subject to a duty to appear at a police station, the custody officer may give notice in writing to that person that his attendance at the police station is not required.

Where a person has been granted bail under this Part subject to a duty to attend at a police station, a custody officer may subsequently appoint a different time, or an additional time, at which the person is to attend at the police station to answer bail.

The custody officer must give the person notice in writing of the exercise of the power under subsection (4A).

The exercise of the power under subsection (4A) does not affect the conditions of bail (if any).

A custody officer may not appoint a time for a person’s attendance under subsection (4A) which is after the end of the applicable bail period in relation to the person.

Subsection (4D) is subject to section 47ZL.

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Where a person F106who has been granted bail F107under this Part and either has attended at the police station in accordance with the grant of bail or has been arrested under section 46A above is detained at a police station, any time during which he was in police detention prior to being granted bail shall be included as part of any period which falls to be calculated under this Part of this Act F108and any time during which he was on bail shall not be so included.

Where a person who was released on bail F109under this Part subject to a duty to attend at a police station is re-arrested, the provisions of this Part of this Act shall apply to him as they apply to a person arrested for the first time F110; but this subsection does not apply to a person who is arrested under section 46A above or has attended a police station in accordance with the grant of bail (and who accordingly is deemed by section 34(7) above to have been arrested for an offence) F120or to a person to whom section 46ZA(4) or (5) applies.

This section applies in relation to the power conferred on a custody officer, when releasing a person on bail under this Part, to appoint a time for the person to attend at a police station in accordance with section 47(3)(c).

The power must be exercised so as to appoint a time on the day on which the applicable bail period in relation to the person ends, unless subsection (3) or (4) applies.

This subsection applies where the custody officer believes that a decision as to whether to charge the person with the relevant offence would be made before the end of the applicable bail period in relation to the person.

Where subsection (3) or (4) applies, the power may be exercised so as to appoint a time on a day falling before the end of the applicable bail period in relation to the person.

This section is subject to section 47ZL.

In this section references to attendance are to attendance at a police station in accordance with section 47(3)(c).

In this Part the “relevant offence”, in relation to a person, means the offence in respect of which the power mentioned in subsection (1) is exercised in relation to the person.

The applicable bail period in relation to a person may be extended under sections 47ZD to 47ZG or treated as extended under section 47ZJ(3).

Subsection (1) and sections 47ZD to 47ZG are subject to sections 47ZL and 47ZM.

This section applies for the purposes of sections 47ZD to 47ZG.

Condition A is that the decision-maker has reasonable grounds for suspecting the person in question to be guilty of the relevant offence.

Condition D is that the decision-maker has reasonable grounds for believing that the release on bail of the person in question is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which are, or are to be, imposed).

The senior officer may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 3 months beginning with the person’s bail start date.

Before determining whether to give an authorisation under subsection (2) in relation to a person, the senior officer must arrange for the person or the person’s legal representative to be informed that a determination is to be made.

In determining whether to give an authorisation under subsection (2) in relation to a person, the senior officer must consider any representations made by the person or the person’s legal representative.

The senior officer must arrange for the person or the person’s legal representative to be informed whether an authorisation under subsection (2) has been given in relation to the person.

A qualifying prosecutor may designate the person’s case as being an exceptionally complex case (a “designated case”).

If an appropriate decision-maker is satisfied that conditions A to D are met in relation to the person in a designated case, the decision-maker may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 6 months beginning with the person’s bail start date.

In determining whether to give an authorisation under subsection (3) in relation to a person, the appropriate decision-maker must consider any representations made by the person or the person’s legal representative.

The appropriate decision-maker must arrange for the person or the person’s legal representative to be informed whether an authorisation under subsection (3) has been given in relation to the person.

Any designation under subsection (2) must be made, and any authorisation under subsection (3) must be given, before the applicable bail period in relation to the person has ended.

In this section—

• “qualifying police officer” means a police officer of the rank of commander or assistant chief constable or above, and

• “qualifying prosecutor” means a prosecutor of the description designated for the purposes of this section by the Chief Executive of the Financial Conduct Authority, the Director of the Serious Fraud Office or the Director of Public Prosecutions.

Before the applicable bail period in relation to the person ends a qualifying applicant may apply to a magistrates’ court for it to authorise an extension of the applicable bail period in relation to the person under this section.