Page:Police and Criminal Evidence Act 1984.pdf/38

32c. 60

37.—(1) Where—
 * (a) a person is arrested for an offence—
 * (i) without a warrant; or
 * (ii) under a warrant not endorsed for bail, or
 * (b) a person returns to a police station to answer to bail,

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 either on bail or without bail, unless the custody officer has reasonable grounds for believing that his detention without being charged is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him.

(3) If the custody officer has reasonable grounds for so believing, 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—
 * (a) incapable of understanding what is said to him;
 * (b) violent or likely to become violent; or
 * (c) in urgent need of medical attention.

(7) Subject to section 41(7) below, if the custody officer determines that he has before him sufficient evidence to charge the person arrested with the offence for which he was arrested, the person arrested—
 * (a) shall be charged; or
 * (b) shall be released without charge, either on bail or without bail.

(8) Where—
 * (a) a person is released under subsection (7)(b) above; and