Page:Police and Criminal Evidence Act 1984.pdf/52

46c. 60

(2) Any reference in this Part of this Act to a period of time or a time of day is to be treated as approximate only. Detention—miscellaneous

46.—(1) Where a person—
 * (a) is charged with an offence; and
 * (b) after being charged—
 * (i) is kept in police detention; or
 * (ii) is detained by a local authority in pursuance of arrangements made under section 38(6) above,

he shall be brought before a magistrates’ court in accordance with the provisions of this section.

(2) If he is to be brought before a magistrates’ court for the petty sessions area in which the police station at which he was charged is situated, he shall be brought before such a court as soon as is practicable and in any event not later than the first sitting after he is charged with the offence.

(3) If no magistrates’ court for that area is due to sit either on the day on which he is charged or on the next day, the custody officer for the police station at which he was charged shall inform the clerk to the justices for the area that there is a person in the area to whom subsection (2) above applies.

(4) If the person charged is to be brought before a magistrates’ court for a petty sessions area other than that in which the police station at which he was charged is situated, he shall be removed to that area as soon as is practicable and brought before such a court as soon as is practicable after his arrival in the area and in any event not later than the first sitting of a magistrates’ court for that area after his arrival in the area.

(5) If no magistrates’ court for that area is due to sit either on the day on which he arrives in the area or on the next day—
 * (a) he shall be taken to a police station in the area; and
 * (b) the custody officer at that station shall inform the clerk to the justices for the area that there is a person in the area to whom subsection (4) applies.

(6) Subject to subsection (8) below, where a clerk to the justices for a petty sessions area has been informed—
 * (a) under subsection (3) above that there is a person in the area to whom subsection (2) above applies; or
 * (b) under subsection (5) above that there is a person in the area to whom subsection (4) above applies,

the clerk shall arrange for a magistrates’ court to sit not later than the day next following the relevant day.