Modifications etc. (not altering text)
C1Pt. IV (ss. 34-52) modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 4(6)(b)(c)(7), 5(9)(b)(c), 6(9)(b)(c); Pt. IV (ss. 34-52) modified by the said S.I. 1993/1813, art. 6, Sch. 3 para. 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 5
Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 7(6)(c) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)
Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 15(2) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)
Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 16(4) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)
Pt. IV (ss. 34-52) modified (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 85(4)(a), 120 (with s. 90); S.I. 2004/827, art. 3(h)
Pt. IV (ss. 34-52) modified (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 97(4)(a), 120 (with s. 100); S.I. 2004/827, art. 3(t)
C2Pt. IV (ss. 34-52) applied (with modifications) (4.4.2005) Criminal Justice Act 2003 (c. 44), ss. 87(3), 336; S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2) (as amended by S.I. 2005/2122, art. 2)
C3Pt. IV incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52
(1)A person arrested for an offence shall not be kept in police detention except in accordance with the provisions of this Part of this Act.
(2)Subject to subsection (3) below, if at any time a custody officer—
(a)becomes aware, in relation to any person in police detention, that the grounds for the detention of that person have ceased to apply; and
(b)is not aware of any other grounds on which the continued detention of that person could be justified under the provision of this part of this Act,
it shall be the duty of the custody officer, subject to subsection (4) below, to order his immediate release from custody.
(3)No person in police detention shall be released except on the authority of a custody officer at the police station where his detention was authorised or, if it was authorised at more than one station, a custody officer at the station where it was last authorised.
(4)A person who appears to the custody officer to have been unlawfully at large when he was arrested is not to be released under subsection (2) above.
(5)A person whose release is ordered under subsection (2) above shall be released without bail unless it appears to the custody officer—
(a)that there is a need for further investigation of any matter in connection with which he was detained at any time during that period of his detention; or
[F1(b)that, in respect of any such matter, proceedings may be taken against him or he may be reprimanded or warned under section 65 of the M1Crime and Disorder Act 1998]
and, if it so appears, he shall be released on bail.
(6)For the purposes of this Part of this Act a person arrested under [F2section 6D of the Road Traffic Act 1988][F3or section 30(2) of the Transport and Works Act 1992 (c. 42)] is arrested for an offence.
[F4(7)For the purposes of this Part a person who—
(a)attends a police station to answer to bail granted under section 30A,
(b)returns to a police station to answer to bail granted under this Part, or
(c)is arrested under section 30D or 46A,
is to be treated as arrested for an offence and that offence is the offence in connection with which he was granted bail.
[F5But this subsection is subject to section 47(6) (which provides for the calculation of certain periods, where a person has been granted bail under this Part, by reference to time when the person is in police detention only).]]
[F6(8)Subsection (7) does not apply in relation to a person who is granted bail subject to the duty mentioned in section 47(3)(b) and who either—
(a)attends a police station to answer to such bail, or
(b)is arrested under section 46A for failing to do so,
(provision as to the treatment of such persons for the purposes of this Part being made by section 46ZA).]
Textual Amendments
F1S. 34(5)(b) substituted (1.2.2001) by 2000 c. 43, s. 56(2); S.I. 2000/3302, art. 3(a)
F2Words in s. 34(6) substituted (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 107, 120, Sch. 7 para. 12; S.I. 2004/827, art. 3(bb)(ii)
F3Words in s. 34(6) inserted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. 53(1), 108(2)-(5); S.I. 2003/808, art. 2(d)
F4S. 34(7) substituted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 12, 336, Sch. 1 para. 5; S.I. 2004/81, art. 2(1)(2)(a)
F5Words in s. 34(7) inserted (retrospectively) by Police (Detention and Bail) Act 2011 (c. 9), s. 1(2)(3)
F6S. 34(8) inserted (1.4.2007 for certain purposes, otherwise prosp.) by Police and Justice Act 2006 (c. 48), ss. 46(2), 53; S.I. 2007/709, art. 3(n) (subject to arts. 6, 7)
Modifications etc. (not altering text)
C4Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2
C5S. 34(1)-(5) modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(3).
C6S. 34(1)-(5) 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. 2006/1614, art. 2(e))
Marginal Citations