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Section 37CA: Breach of bail following release under section 37(7)(b)

Police and Criminal Evidence Act 1984 · 1984 c. 60View on legislation.gov.uk

Part IV: Detention

This section applies where a person released on bail under section 37(7)(b) above or subsection (2)(b) below—

is arrested under section 46A below in respect of that bail, and
is being detained following that arrest at the police station mentioned in section 46A(2) below.

The person arrested—

shall be charged, or
shall be released—
without charge, and
if the pre-conditions for bail are satisfied, on bail, or
shall be released—
without charge, and
if the pre-conditions for bail are not satisfied, without bail.

The decision as to how a person is to be dealt with under subsection (2) above shall be that of a custody officer.

A person released on bail under subsection (2)(b) above shall be released on bail subject to the same conditions (if any) which applied immediately before his arrest (and the reference in section 50A to any conditions of bail which would be imposed is to be read accordingly).

Subsection (6) applies where—

a person is released under subsection (2), and
a custody officer determines that—
there is not sufficient evidence to charge the person with an offence, or
there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

The custody officer must give the person notice in writing that the person is not to be prosecuted.

Subsection (6) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.