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Home Office circular 061 / 2003

CRIMINAL JUSTIC ACT 2003: BAIL ELSEWHERE THAN AT A POLICE STATION

  • Broad subject: Police Service
  • Issue date: Fri Dec 19 00:00:00 GMT 2003
  • From:
    CRIME REDUCTION & COMMUNITY SAFETY GROUP Police Leadership & Powers Unit
  • Linked circulars:
    No Linked Circulars
  • Copies sent to:
    Circuit Judges Circuit Administrators ,Crown Court Judges,Justices' Chief Executives ,The Circuit Administrator,The Court Manager the Crown Court,The Chief Crown Prosecutor,District Judges (Magistrates Courts),The Chief Probation Officer
  • Sub category: Police powers
  • Implementation date: Tue Jan 20 00:00:00 GMT 2004
  • For more info contact:
    'Tunmbi Onibokun 020 7035 5080
  • Addressed to:
    All Chief Officers of Police in England and Wales Clerks to Police Authorities

Dear Chief Officer
ALTERNATIVES TO DETENTION: GRANTING OF BAIL AT OTHER THAN A POLICE STATION ('STREET BAIL')

Introduction

Section 4 of the Criminal Justice Act 2003 provides a constable with the power to grant an arrested person immediate bail from the scene of arrest. This provision will come into effect on 20 January 2004. Commonly referred to as 'street bail', the key aims are to:

· enable officers to remain on patrol for longer periods and raise visibility
· give officers greater flexibility to decide how best to use their time and organise their casework
· remove the need for suspects to be taken to a police station only to be bailed on arrival
· maintain the safeguards and protections for those granted street bail.

2. This guidance sets out the legislation and areas for consideration to achieve its successful implementation. The guidance and the web page - prepared in consultation with copy recipients above and practitioners - is set out under the following headings:

A What is street bail?
B Issuing Bail - the admin process
C Issuing Bail - making a decision
D Street Bail Notice
E The legislation & changes to PACE
F Pocket-size guide
G FAQ
H Other PACE-relevant guidance


3. An interactive version of the guidance will shortly be available at http://www.homeoffice.gov.uk/crimpol/police/index.html.



Alan Brown
Police Leadership and Powers Unit
8 December 2004

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