Police and Criminal Evidence Act 1984

[F1 46ZA Persons granted live link bail E+W

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

(2) 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.

(3) Subsection (2) does not apply in relation to an accused person if—

(a)

[F2 at any time before the beginning of proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 in relation to him, he informs a constable that he does not intend to give his consent to the direction;]

(b) [F3 at any time before the beginning of proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 in relation to the accused person,] a constable informs him that a live link will not be available for his use for the purposes of that section;

(c)

[F4 proceedings in relation to a live link direction under that section have begun but he does not give his consent to the direction; or]

(d) the court determines for [F5 any reason] not to give such a direction.

(4) If [F6 paragraph (b) or (d) of subsection (3) applies] in relation to a person, he is to be treated for the purposes of this Part—

(a) as if he had been arrested for and charged with the offence in connection with which he was granted bail, and

(b) as if he had been so charged at the time when that paragraph first applied in relation to him.

(5) An accused person who is arrested under section 46A for failing to attend at a police station to answer to live link bail, and who is brought to a police station in accordance with that section, is to be treated for the purposes of this Part—

(a) as if he had been arrested for and charged with the offence in connection with which he was granted bail, and

(b) as if he had been so charged at the time when he is brought to the station.

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

Annotations:

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Amendments (Textual)

F1 S. 46ZA inserted (1.4.2007 for certain purposes, otherwise prosp.) by Police and Justice Act 2006 (c. 48), ss. 46(3), 53; S.I. 2007/709, art. 3(n) (subject to arts. 6, 7)

F2 S. 46ZA(3)(a) omitted (14.12.2009 in relation to the relevant local justice areas specified in art. 3(2) of the first commencing S.I.) by virtue of and repealed (prosp.) by Coroners and Justice Act 2009 (c. 25), ss. 107(2)(a)(i), 178, 182, Sch. 23 Pt. 3 (with s. 180, Sch. 22); S.I. 2009/3253, art. 3(1)(b)(2) (with art. 4)

F3 Words in s. 46ZA(3)(b) substituted (14.12.2009 in relation to the relevant local justice areas specified in art. 3(2) of the first commencing S.I.) by Coroners and Justice Act 2009 (c. 25), ss. 107(2)(a)(ii), 182 (with s. 180, Sch. 22); S.I. 2009/3253, art. 3(1)(b)(2) (with art. 4)

F4 S. 46ZA(3)(c) omitted (14.12.2009 in relation to the relevant local justice areas specified in art. 3(2) of the first commencing S.I.) by virtue of and repealed (prosp.) by Coroners and Justice Act 2009 (c. 25), ss. 107(2)(a)(iii), 178, 182, Sch. 23 Pt. 3 (with s. 180, Sch. 22); S.I. 2009/3253, art. 3(1)(b)(2) (with art. 4)

F5 Words in s. 46ZA(3)(d) substituted (14.12.2009 in relation to the relevant local justice areas specified in art. 3(2) of the first commencing S.I.) by Coroners and Justice Act 2009 (c. 25), ss. 107(2)(a)(iv), 182 (with s. 180, Sch. 22); S.I. 2009/3253, art. 3(1)(b)(2) (with art. 4)

F6 Words in s. 46ZA(4) substituted (14.12.2009 in relation to the relevant local justice areas specified in art. 3(2) of the first commencing S.I.) by Coroners and Justice Act 2009 (c. 25), ss. 107(2)(b), 182 (with s. 180, Sch. 22); S.I. 2009/3253, art. 3(1)(b)(2) (with art. 4)