Part 4Police powers

CHAPTER 1Pre-charge bail

Notification of decision not to prosecute

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

(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.”