SCHEDULE 2 Charging or Release of Persons in Police Detention

SCHEDULE 2 Charging or Release of Persons in Police Detention

Section 28

1

The Police and Criminal Evidence Act 1984 (c 60) is amended as follows.

2

(1)     Section 37 (duties of custody officers before charge) is amended as follows.

(2)     In subsection (7) for paragraphs (a) and (b) there is substituted—

“(a)     shall be released without charge and on bail for the purpose of enabling the Director of Public Prosecutions to make a decision under section 37B below,

(b)     shall be released without charge and on bail but not for that purpose,

(c)     shall be released without charge and without bail, or

(d)     shall be charged.”

(3)     After that subsection there is inserted—

“(7A)     The decision as to how a person is to be dealt with under subsection (7) above shall be that of the custody officer.

(7B)     Where a person is released under subsection (7)(a) above, it shall be the duty of the custody officer to inform him that he is being released to enable the Director of Public Prosecutions to make a decision under section 37B below.”

(4)     In subsection (8)(a) after “ (7)(b)” there is inserted “or (c)”.

3

After that section there is inserted—

“37A Guidance

(1)     The Director of Public Prosecutions may issue guidance—

(a)     for the purpose of enabling custody officers to decide how persons should be dealt with under section 37(7) above or 37C(2) below, and

(b)     as to the information to be sent to the Director of Public Prosecutions under section 37B(1) below.

(2)     The Director of Public Prosecutions may from time to time revise guidance

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