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Police and Criminal Evidence Act 1984

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38 Duties of custody officer after charge.E+W

(1)Where a person arrested for an offence otherwise than under a warrant endorsed for bail is charged with an offence, the custody officer shall order his release from police detention, either on bail or without bail, unless—

(a)If the person arrested is not an arrested juvenile—

(i)his name or address cannot be ascertained or the custody officer has reasonable grounds for doubting whether a name or address furnished by him as his name or address is his real name or address;

(ii)the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary for his own protection or to prevent him from causing physical injury to any other person or from causing loss of or damage to property; or

(iii)the custody officer has reasonable grounds for believing that the person arrested will fail to appear in court to answer to bail or that his detention is necessary to prevent him from interfering with the administration of justice or with the investigation of offences or of a particular offence;

(b)if he is an arrested juvenile—

(i)any of the requirements of paragraph (a) above is satisfied; or

(ii)the custody officer has reasonable grounds for believing that he ought to be detained in his own interests.

(2)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.

(3)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.

(4)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.

(5)Subsection (4) above shall not apply where the person charged is, at the time when the written record is made—

(a)incapable of understanding what is said to him;

(b)violent or likely to become violent; or

(c)in urgent need of medical attention.

[F1(6)Where a custody officer authorises an arrested juvenile to be kept in police detention under subsection (1) above, the custody officer shall, unless he certifies—

(a)that, by reason of such circumstances as are specified in the certificate, it is impracticable for him to do so; or

(b)in the case of an arrested juvenile who has attained the [F2age of 12 years], that no secure accommodation is available and that keeping him in other local authority accommodation would not be adequate to protect the public from serious harm from him,

secure that the arrested juvenile is moved to local authority accommodation.]

[F3F1(6A)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);

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

  • sexual offence” and “violent offence” have the same meanings as in Part I of the Criminal Justice Act 1991;

and any reference, in relation to an arrested juvenile charged with a violent or sexual 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.]

[F3(6B)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.]

(7)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.

(8)In this Part of this Act “local authority” has the same meaning as in the [F4Children Act 1989].

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Amendments (Textual)

F2Words in s. 38(6)(b) substituted (3.2.1995) by 1994 c. 33, s.24; S.I. 1995/127, art. 2(1), Sch.1

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