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Police and Criminal Evidence Act 1984

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Police and Criminal Evidence Act 1984, Section 37CA is up to date with all changes known to be in force on or before 19 November 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • s. 61(6BA) inserted by 2008 c. 28 s. 10(1) (This amendment not applied to legislation.gov.uk. S. 10 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
  • s. 63(3D) inserted by 2008 c. 28 s. 10(2) (This amendment not applied to legislation.gov.uk. S. 10 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
  • s. 64(1AA) inserted by 2008 c. 28 s. 10(4) (This amendment not applied to legislation.gov.uk. S. 10 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
  • s. 65(1) words inserted by 2008 c. 28 s. 10(5) (This amendment not applied to legislation.gov.uk. S. 10 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
  • s. 65(1) words inserted by 2010 c. 17 s. 14(3)(a) (This amendment not applied to legislation.gov.uk. S. 14 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • s. 65(1) words inserted by 2010 c. 17 s. 14(3)(b) (This amendment not applied to legislation.gov.uk. S. 14 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • s. 114ZA inserted by 2016 anaw 6 s. 185(1)
  • Sch. 1A para. 21A added by 1995 c. 32, s. 8B(1) (as inserted) by 2006 c. 12 Sch. 3 para. 13

[F137CABreach of bail following release under [F2section 37(7)(c)] E+W

(1)This section applies where a person released on bail under [F3section 37(7)(c)] above or subsection (2)(b) below—

(a)is arrested under section 46A below in respect of that bail, and

(b)is being detained following that arrest at the police station mentioned in section 46A(2) below.

(2)The person arrested—

(a)shall be charged, or

(b)shall be released without charge [F4

(i)without bail unless the pre-conditions for bail are satisfied, or

(ii)on bail if those pre-conditions are satisfied.]

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

(4)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 [F5(and the reference in section 50A to any conditions of bail which would be imposed is to be read accordingly)].

[F6(5)Subsection (6) applies where—

(a)a person is released under subsection (2), and

(b)a custody officer determines that—

(i)there is not sufficient evidence to charge the person with an offence, or

(ii)there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

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

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2Words in s. 37CA heading substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 55(2), 183(1), (5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

F3Words in s. 37CA(1) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 55(2), 183(1), (5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

F4Words in s. 37CA(2)(b) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 55(3), 183(1), (5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

F5Words in s. 37CA(4) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 55(4), 183(1), (5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

F6Ss. 37CA(5)-(7) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 66(9), 183(1), (5)(e); S.I. 2017/399, reg. 2, Sch. para. 18

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