Part 4

Police powers
CHAPTER 3

Powers under PACE: miscellaneous

PACE: duty to notify person interviewed that not to be prosecuted
77
After section 60A of the Police and Criminal Evidence Act 1984 insert—

Notification of decision not to prosecute person interviewed
60B
1
This section applies where—
a
a person suspected of the commission of a criminal offence is interviewed by a police officer but is not arrested for the offence, and
b
the police officer in charge of investigating the offence 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.
2
A police officer must give the person notice in writing that the person is not to be prosecuted.
3
Subsection (2) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
4
In this section “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.