Modifications etc. (not altering text)
C1Pt. III: Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para. 1; S.I. 2003/708, art. 2(j)
Pt. III: Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 74; S.I. 2003/708, art. 2(j)
C2Pt. III incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52
[F3(1)If subsection (1A) applies, a constable may release on bail a person who is arrested or taken into custody in the circumstances mentioned in section 30(1).]
[F4(1A)This subsection applies if—
(a)the constable is satisfied that releasing the person on bail is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which would be imposed), and
(b)[F5a custody officer] authorises the release on bail (having considered any representations made by the person).]
[F6(1B)In determining whether releasing the person on bail is necessary and proportionate in all the circumstances, the constable must have regard in particular to—
(a)the need to secure that the person surrenders to custody,
(b)the need to prevent offending by the person,
(c)the need to safeguard victims of crime and witnesses, taking into account any vulnerabilities of any alleged victim of, or alleged witness to, the offence for which the person was arrested where these vulnerabilities have been identified by the constable,
(d)the need to safeguard the person, taking into account any vulnerabilities of the person where these vulnerabilities have been identified by the constable, and
(e)the need to manage risks to the public.]
[F7(1C)If subsection (1A) does not apply, a constable may release without bail a person who is arrested or taken into custody in the circumstances mentioned in section 30(1).]
(2)A person may be released F8... under subsection (1) [F9or (1C)] at any time before he arrives at a police station.
(3)A person released on bail under subsection (1) must be required to attend a police station.
[F10(3A)Where a constable releases a person on bail under subsection (1)—
(a)no recognizance for the person's surrender to custody shall be taken from the person,
(b)no security for the person's surrender to custody shall be taken from the person or from anyone else on the person's behalf,
(c)the person shall not be required to provide a surety or sureties for his surrender to custody, and
(d)no requirement to reside in a bail hostel may be imposed as a condition of bail.
(3B)Subject to subsection (3A), where a constable releases a person on bail under subsection (1) the constable may impose, as conditions of the bail, such requirements as appear to the constable to be necessary—
(a)to secure that the person surrenders to custody,
(b)to secure that the person does not commit an offence while on bail,
(c)to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person, or
(d)for the person's own protection or, if the person is [F11under the age of 18], for the person's own welfare or in the person's own interests.
(4)Where a person is released on bail under subsection (1), a requirement may be imposed on the person as a condition of bail only under the preceding provisions of this section.]
(5)The police station which the person is required to attend may be any police station.]
Textual Amendments
F1Ss. 30A-30D inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 4(7), 336; S.I. 2004/81, art. 2(1)(2)(a)
F2Words in s. 30A heading substituted (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. 52(2), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)
F3S. 30A(1) substituted (28.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 4 para. 2(2) (with s. 45(3)); S.I. 2022/1075, reg. 4(b)
F4S. 30A(1A) 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. 52(4), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)
F5Words in s. 30A(1A)(b) substituted (28.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 4 para. 2(3) (with s. 45(3)); S.I. 2022/1075, reg. 4(b)
F6S. 30A(1B) inserted (28.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 4 para. 17 (with s. 45(3)); S.I. 2022/1075, reg. 4(b)
F7S. 30A(1C) inserted (28.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 4 para. 2(4) (with s. 45(3)); S.I. 2022/1075, reg. 4(b)
F8Words in s. 30A(2) omitted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 52(5), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)
F9Words in s. 30A(2) inserted (28.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 4 para. 2(5) (with s. 45(3)); S.I. 2022/1075, reg. 4(b)
F10S. 30A(3A)-(4) substituted (1.4.2007) for s. 30A(4) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 2; S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)
F11Words in s. 30A(3B)(d) substituted (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. 73(2), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 22
Modifications etc. (not altering text)
C3Ss. 30A-30D applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(1)-(3) (as inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1), 53 (with s. 18(2)); S.I. 2007/1614, art. 2(e)) (as amended (28.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 4 para. 23 (with s. 45(3)); S.I. 2022/1075, reg. 4(b))