Page:Police and Criminal Evidence Act 1984.pdf/48

42c. 60

the officer—
 * (i) shall inform him of that right;
 * (ii) shall decide whether he should be permitted to exercise it;
 * (iii) shall record the decision in his custody record; and
 * (iv) if the decision is to refuse to permit the exercise of the right, shall also record the grounds for the decision in that record.

(10) Where an officer has authorised the keeping of a person who has not been charged in detention under subsection (1) or (2) above, he shall be released from detention, either on bail or without bail, not later than 36 hours after the relevant time, unless—
 * (a) he has been charged with an offence; or
 * (b) his continued detention is authorised or otherwise permitted in accordance with section 43 below.

(11) A person released under subsection (10) above shall not be re-arrested without a warrant for the offence for which he was previously arrested unless new evidence justifying a further arrest has come to light since his release.

43.—(1) Where, on an application on oath made by a constable and supported by an information, a magistrates' court is satisfied that there are reasonable grounds for believing that the further detention of the person to whom the application relates is justified, it may issue a warrant of further detention authorising the keeping of that person in police detention.

(2) A court may not hear an application for a warrant of further detention unless the person to whom the application relates—
 * (a) has been furnished with a copy of the information; and
 * (b) has been brought before the court for the hearing.

(3) The person to whom the application relates shall be entitled to be legally represented at the hearing and, if he is not so represented but wishes to be so represented—
 * (a) the court shall adjourn the hearing to enable him to obtain representation; and
 * (b) he may be kept in police detention during the adjournment.

(4) A person’s further detention is only justified for the purposes of this section or section 44 below if—
 * (a) his detention without charge is necessary to secure or preserve evidence relating to an offence for which he is