Police and Justice Act 2006


Dealing with person arrested for breach of conditions of bail granted under section 37(7)(b)E+W

8(1)After section 37C there is inserted—E+W

37CABreach of bail following release under section 37(7)(b)

(1)This section applies where a person released on bail under section 37(7)(b) 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, either on bail or without bail.

(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.

(2)In section 37A(1)(a) and (3) (guidance as to exercise of functions under sections 37(7) and 37C(2)), after “37C(2)” there is inserted “ or 37CA(2) ”.