Part 10

Retrial for serious offences

Arrest, custody and bail

Arrest and charge
87
1
Where section 85 applies to the investigation of the commission of an offence by any person and no certification has been given under subsection (2) of that section—
a
a justice of the peace may issue a warrant to arrest that person for that offence only if satisfied by written information that new evidence has been obtained which would be relevant to an application under section 76(1) or (2) in respect of the commission by that person of that offence, and
b
that person may not be arrested for that offence except under a warrant so issued.
2
Subsection (1) does not affect section 89(3)(b) or 91(3), or any other power to arrest a person, or to issue a warrant for the arrest of a person, otherwise than for an offence.
3
Part 4 of the 1984 Act (detention) applies as follows where a person—
a
is arrested for an offence under a warrant issued in accordance with subsection (1)(a), or
b
having been so arrested, is subsequently treated under section 34(7) of that Act as arrested for that offence.
4
For the purposes of that Part there is sufficient evidence to charge the person with the offence for which he has been arrested if, and only if, an officer of the rank of superintendent or above (who has not been directly involved in the investigation) is of the opinion that the evidence available or known to him is sufficient for the case to be referred to a prosecutor to consider whether consent should be sought for an application in respect of that person under section 76.
5
For the purposes of that Part it is the duty of the custody officer at each police station where the person is detained to make available or known to an officer at that police station of the rank of superintendent or above any evidence which it appears to him may be relevant to an application under section 76(1) or (2) in respect of the offence for which the person has been arrested, and to do so as soon as practicable—
a
after the evidence becomes available or known to him, or
b
if later, after he forms that view.
6
Section 37 of that Act (including any provision of that section as applied by section 40(8) of that Act) has effect subject to the following modifications—
a
in subsection (1)—
i
for “determine whether he has before him” there is substituted “request an officer of the rank of superintendent or above (who has not been directly involved in the investigation) to determine, in accordance with section 87(4) of the Criminal Justice Act 2003, whether there is”;
ii
for “him to do so” there is substituted “that determination to be made”;
b
in subsection (2)—
i
for the words from “custody officer determines” to “before him” there is substituted “officer determines that there is not such sufficient evidence”;
ii
the word “custody” is omitted from the second place where it occurs;
c
in subsection (3)—
i
the word “custody” is omitted;
ii
after “may” there is inserted “direct the custody officer to”;
d
in subsection (7) for the words from “the custody officer” to the end of that subsection there is substituted “an officer of the rank of superintendent or above (who has not been directly involved in the investigation) determines, in accordance with section 87(4) of the Criminal Justice Act 2003, that there is sufficient evidence to charge the person arrested with the offence for which he was arrested, the person arrested shall be charged.”;
e
subsections (7A), (7B) and (8) do not apply;
f
after subsection (10) there is inserted—
10A
The officer who is requested by the custody officer to make a determination under subsection (1) above shall make that determination as soon as practicable after the request is made.
.
7
Section 40 of that Act has effect as if in subsections (8) and (9) of that section after “(6)” there were inserted “and (10A)”.
8
Section 42 of that Act has effect as if in subsection (1) of that section for the words from “who” to “detained” there were substituted “(who has not been directly involved in the investigation)”.