37 Duties of custody officer before charge
37 Duties of custody officer before charge

(1)     Where—

(a)     a person is arrested for an offence—

(i)     without a warrant; or

(ii)     under a warrant not endorsed for bail, . . .

(b)     . . .

the custody officer at each police station where he is detained after his arrest shall determine whether he has before him sufficient evidence to charge that person with the offence for which he was arrested and may detain him at the police station for such period as is necessary to enable him to do so.

(2)     If the custody officer determines that he does not have such evidence before him, the person arrested shall be released[—

(a)     without bail unless the pre-conditions for bail are satisfied, or

(b)     on bail if those pre-conditions are satisfied,

(subject to subsection (3))].

(3)     If the custody officer has reasonable grounds for [believing that the person's detention without being charged is necessary to secure or preserve evidence relating to an offence for which the person is under arrest or to obtain such evidence by questioning the person], he may authorise the person arrested to be kept in police detention.

(4)     Where a custody officer authorises a person who has not been charged to be kept in police detention, he shall, as soon as is practicable, make a written record of the grounds for the detention.

(5)     Subject to subsection (6) below, the written record shall be made in the presence of the person arrested who shall at that time be informed by the custody officer of the grounds for his detention.

(6)     Subsection (5) above shall not apply where the person arrested is, at the time when the written record is made—

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