OpenLegislation

Section 37D Release on bail under section 37: further provisionF1F8

England and Wales

F2(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

Where a person released on bail under section 37(7)(a) or 37C(2)(b) above returns to a police station to answer bail or is otherwise in police detention at a police station, he may be kept in police detention to enable him to be dealt with in accordance with section 37B or 37C above or to enable the power under F3section 47(4A) to be exercised.

(F44A)

Where a person released on bail under F5section 37(7)(b) or 37CA(2)(b) above returns to a police station to answer bail or is otherwise in police detention at a police station, he may be kept in police detention to enable him to be dealt with in accordance with section 37CA above or to enable the power under section 47(4A) to be exercised.

(5)

If the person mentioned in subsection (4) or (4A) above is not in a fit state to enable him to be dealt with as mentioned in that subsection or to enable the power under section 47(4A) to be exercised, he may be kept in police detention until he is.

(6)

Where a person is kept in police detention by virtue of subsection (4) F6, (4A) or (5) above, section 37(1) to (3) and (7) above (and section 40(8) below so far as it relates to section 37(1) to (3)) shall not apply to the offence in connection with which he was released on bail under section F737(7), 37C(2)(b) or 37CA(2)(b) above.

Annotations

Textual amendments

F1

S. 37D inserted (29.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 28, 336, Sch. 2 para. 3; S.I. 2004/81, art. 4(1)(2)(c)

F2

S. 37D(1)-(3) omitted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 64(3), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 16 (with reg. 5)

Text here

F3

Words in s. 37D(4)-(5) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 64(4), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 16 (with reg. 5)

F4

S. 37D(4A)(5) substituted (1.4.2007) for s. 37D(5) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 10(2); S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)

F5

Words in s. 37D(4A) substituted (28.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 4 para. 7 (with s. 45(3)); S.I. 2022/1075, reg. 4(b)

F6

Word in s. 37D(6) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 10(3)(a); S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)

F7

Words in s. 37D(6) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 10(3)(b); S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)

F8

Words in s. 37D heading substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 9(2); S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)

Notes on Part IV

Modifications

C1

Pt. IV (ss. 34-52) modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 4(6)(b)(c)(7), 5(9)(b)(c), 6(9)(b)(c); Pt. IV (ss. 34-52) modified by the said S.I. 1993/1813, art. 6, Sch. 3 para. 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 5

Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 7(6)(c) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)

Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 15(2) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)

Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 16(4) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)

Pt. IV (ss. 34-52) modified (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 85(4)(a), 120 (with s. 90); S.I. 2004/827, art. 3(h)

Pt. IV (ss. 34-52) modified (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 97(4)(a), 120 (with s. 100); S.I. 2004/827, art. 3(t)

C2

Pt. IV (ss. 34-52) applied (with modifications) (4.4.2005) Criminal Justice Act 2003 (c. 44), ss. 87(3), 336; S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2) (as amended by S.I. 2005/2122, art. 2)

C3

Pt. IV incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52