Where—
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.
If—
the person arrested must be released on bail (subject to subsection (3)).
If—
the person arrested must be released without bail (subject to subsection (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 is under arrest or to obtain such evidence by questioning the person, he may authorise the person arrested to be kept in police detention.
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.
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.
Subsection (5) above shall not apply where the person arrested is, at the time when the written record is made—
Subsection (6B) applies where—
The custody officer must give the person notice in writing that the person is not to be prosecuted.
Subsection (6B) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
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—
for the purpose of enabling the Director of Public Prosecutions to make a decision under section 37B below,
but not for the purpose mentioned in paragraph (a),
The decision as to how a person is to be dealt with under subsection (7) above shall be that of the custody officer.
Where a person is dealt with under subsection (7)(a) above, it shall be the duty of the custody officer to inform him that he is being released , or (as the case may be) detained, to enable the Director of Public Prosecutions to make a decision under section 37B below.
Where—
it shall be the duty of the custody officer so to inform him.
Where—
subsections (6B) and (6C) apply.
Subsection (8B) applies if the offence for which the person is arrested is one in relation to which a sample could be taken under section 63B below and the custody officer—
The detention of the person may be continued to enable a sample to be taken under section 63B, but this subsection does not permit a person to be detained for a period of more than 24 hours after the relevant time.
If the person arrested is not in a fit state to be dealt with under subsection (7) above, he may be kept in police detention until he is.
The duty imposed on the custody officer under subsection (1) above shall be carried out by him as soon as practicable after the person arrested arrives at the police station or, in the case of a person arrested at the police station, as soon as practicable after the arrest.
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In this Part of this Act—
"arrested juvenile" means a person arrested with or without a warrant who appears to be under the age of 18 . . .;
"endorsed for bail" means endorsed with a direction for bail in accordance with section 117(2) of the Magistrates' Courts Act 1980.