37 Duties of custody officer before charge
Police and Criminal Evidence Act 1984 (1984 c 60) | Legislation

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—

(a)     the custody officer (“C”) determines that C does not have such evidence before C, and

(b)     the pre-conditions for bail are satisfied,

the person arrested must be released on bail (subject to subsection (3)).]

[(2A)     If—

(a)     the custody officer (“C”) determines that C does not have such evidence before C, and

(b)     the pre-conditions for bail are not satisfied,

the person arrested must be released without bail (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

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