Search Legislation

Policing and Crime Act 2017

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Notification of decision not to prosecute

 Help about opening options

Alternative versions:

Changes to legislation:

Policing and Crime Act 2017, Cross Heading: Notification of decision not to prosecute is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Part 4 Chapter 1 Crossheading Notification-of-decision-not-to-prosecute:

  • specified provision(s) amendment to earlier commencing S.I. 2017/1139, reg. 2 by S.I. 2017/1162 reg. 2

Notification of decision not to prosecuteE+W

66Duty to notify person released under section 34, 37 or 37CA of PACE that not to be prosecutedE+W

(1)The Police and Criminal Evidence Act 1984 is amended as follows.

(2)In section 34 (limitations on police detention) after subsection (5A) (inserted by section 54 of this Act) insert—

(5B)Subsection (5C) applies where—

(a)a person is released under subsection (5), and

(b)the custody officer determines that—

(i)there is not sufficient evidence to charge the person with an offence, or

(ii)there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(5C)The custody officer must give the person notice in writing that the person is not to be prosecuted.

(5D)Subsection (5C) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

(5E)In this Part “caution” includes—

(a)a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003;

(b)a youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998;

(c)a youth caution under section 66ZA of that Act.

(3)Section 37 (duties of custody officer before charge) is amended as follows.

(4)After subsection (6) insert—

(6A)Subsection (6B) applies where—

(a)a person is released under subsection (2), and

(b)the custody officer determines that—

(i)there is not sufficient evidence to charge the person with an offence, or

(ii)there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(6B)The custody officer must give the person notice in writing that the person is not to be prosecuted.

(6C)Subsection (6B) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

(5)After subsection (8) insert—

(8ZA)Where—

(a)a person is released under subsection (7)(b) or (c), and

(b)the custody officer makes a determination as mentioned in subsection (6A)(b),

subsections (6B) and (6C) apply.

(6)Section 37B (consultation with Director of Public Prosecutions) is amended as follows.

(7)After subsection (5) insert—

(5A)Subsection (5) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

(8)Omit subsection (9).

(9)In section 37CA (release following arrest for breach of bail) after subsection (4) insert—

(5)Subsection (6) applies where—

(a)a person is released under subsection (2), and

(b)a custody officer determines that—

(i)there is not sufficient evidence to charge the person with an offence, or

(ii)there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(6)The custody officer must give the person notice in writing that the person is not to be prosecuted.

(7)Subsection (6) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

(10)In section 24B(2) of the Criminal Justice Act 2003 (application of provisions of Police and Criminal Evidence Act 1984)—

(a)in paragraph (d) for “(5)” substitute “ (5E) ”, and

(b)in paragraph (f) for “(6)” substitute “ (6C) ”.

Commencement Information

I1S. 66 in force for specified purposes at Royal Assent, see s. 183

67Duty to notify person released under any of sections 41 to 44 of PACE that not to be prosecutedE+W

(1)The Police and Criminal Evidence Act 1984 is amended as follows.

(2)In section 41 (limits on period of detention without charge) after subsection (9) insert—

(10)Subsection (11) applies where—

(a)a person is released under subsection (7), and

(b)a custody officer determines that—

(i)there is not sufficient evidence to charge the person with an offence, or

(ii)there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(11)The custody officer must give the person notice in writing that the person is not to be prosecuted.

(12)Subsection (11) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

(3)In section 42 (authorisation of continued detention) after subsection (11) insert—

(12)Subsection (13) applies where—

(a)a person is released under subsection (10), and

(b)a custody officer determines that—

(i)there is not sufficient evidence to charge the person with an offence, or

(ii)there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(13)The custody officer must give the person notice in writing that the person is not to be prosecuted.

(14)Subsection (13) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

(4)In section 43 (warrants of further detention) after subsection (19) insert—

(20)Subsection (21) applies where—

(a)a person is released under subsection (15) or (18), and

(b)a custody officer determines that—

(i)there is not sufficient evidence to charge the person with an offence, or

(ii)there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(21)The custody officer must give the person notice in writing that the person is not to be prosecuted.

(22)Subsection (21) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

(5)In section 44 (extension of warrants of further detention) after subsection (8) insert—

(9)Subsection (10) applies where—

(a)a person is released under subsection (7), and

(b)a custody officer determines that—

(i)there is not sufficient evidence to charge the person with an offence, or

(ii)there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

(10)The custody officer must give the person notice in writing that the person is not to be prosecuted.

(11)Subsection (10) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

Commencement Information

I2S. 67 in force for specified purposes at Royal Assent, see s. 183

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources