Police and Criminal Evidence Act 1984

[F147ZLApplicable bail period and bail return date: special case of release on bail under section 37(7)(a) or 37C(2)(b)E+W

(1)This section applies where a person is released on bail under section 37(7)(a) or 37C(2)(b).

(2)The running of the applicable bail period in relation to the person—

(a)does not begin (in the case of a first release on bail), or

(b)is suspended (in any other case),

(subject to subsection (6)).

(3)Accordingly section 47ZA does not apply to the exercise of the power mentioned in section 47ZA(1) when releasing the person on bail.

(4)Subsections (5) and (6) apply if a DPP request is made in relation to the person.

(5)A custody officer must exercise the power mentioned in section 47(4A) to appoint a different time for the person to attend at the police station (and section 47(4B) to (4D) applies accordingly).

(6)The applicable bail period in relation to the person—

(a)begins to run on the day on which the DPP request is made (in the case of a first release on bail), or

(b)resumes running on that day (in any other case).

(7)Subsection (8) applies where—

(a)a DPP request has been made in relation to the person, and

(b)the applicable bail period in relation to the person would end before the end of the period of 7 days beginning with the day on which the DPP request was made.

(8)The running of the applicable bail period in relation to the person is suspended for the number of days necessary to secure that the applicable bail period ends at the end of the period of 7 days beginning with the day on which the DPP request was made.

(9)Subsections (10) and (11) apply if the DPP request made in relation to the person is met.

(10)The running of the applicable bail period in relation to the person is suspended.

(11)Accordingly section 47(4D) does not apply to any exercise of the power under section 47(4A).

(12)For the purposes of this section—

(a)a “DPP request”, in relation to a person, means a request by the Director of Public Prosecutions for the further information specified in the request to be provided before the Director decides under section 37B(2) whether there is sufficient evidence to charge the person with the relevant offence,

(b)a DPP request is met when the further information specified in the request is provided, and

(c)references to the case of a first release on bail are to a case where the person has not been released on bail in relation to the relevant offence under any other provision of this Part or under section 30A.]

Textual Amendments

F1Ss. 47ZA-47ZM 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. 63, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 15 (with reg. 5)