38 Duties of custody officer after charge
38 Duties of custody officer after charge

(1)     Where a person arrested for an offence otherwise than under a warrant endorsed for bail is charged with an offence, the custody officer shall[, subject to section 25 of the Criminal Justice and Public Order Act 1994,] order his release from police detention, either on bail or without bail, unless—

(a)     if the person arrested is not an arrested juvenile—

(i)     his name or address cannot be ascertained or the custody officer has reasonable grounds for doubting whether a name or address furnished by him as his name or address is his real name or address;

[(ii)     the custody officer has reasonable grounds for believing that the person arrested will fail to appear in court to answer to bail;

(iii)     in the case of a person arrested for an imprisonable offence, the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from committing an offence;

[(iiia)     in a case where a sample may be taken from the person under section 63B below, the custody officer has reasonable grounds for believing that the detention of the person is necessary to enable the sample to be taken from him;]

(iv)     in the case of a person arrested for an offence which is not an imprisonable offence, the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from causing physical injury to any other person or from causing loss of or damage to property;