(1)Subsection (2) applies when—
(a)a person is in police custody having been arrested under a warrant (other than a warrant granted under section 37(1)), or
(b)a person—
(i)is in police custody having been arrested without a warrant, and
(ii)since being arrested, the person has been charged with an offence by a constable.
(2)A constable may—
(a)if the person gives an undertaking in accordance with section 26, release the person from custody,
(b)release the person from custody without such an undertaking,
(c)refuse to release the person from custody.
(3)Where a person is in custody as mentioned in subsection (1)(a), the person may not be released from custody under subsection (2)(b).
(4)A constable is not to be subject to any claim whatsoever by reason of having refused to release a person from custody under subsection (2)(c).