BAIL ACT 1980 - SECT 7
Power of police officer to grant bail
BAIL ACT 1980 - SECT 7
Power of police officer to grant bail
7 Power of police officer to grant bail
(1) This section applies if—
(a) a person, who has been arrested in
connection with a charge of an offence, or under a warrant issued under the
Penalties and Sentences Act 1992, section 33AC , is delivered into the
custody of a police officer who is—
(i) the officer-in-charge of a police
station or police establishment; or
(b) on
conditions for the person’s release made by the police officer pursuant to
section 11.
Note—
For the release of a person on bail subject to a
special condition imposed under section 11(2) requiring the person to
surrender the person’s current passport, see section 11AA.
(5) If the
prescribed police officer refuses to grant bail to a person under this
section, the officer must write the officer’s reasons for the refusal—
(a)
on the papers relating to the person; or
(b) on the warrant; or
(c) in a
register or record of persons in custody.
(6) The keeping of the person in
custody is not unlawful only because of a failure to comply with subsection
(5) .
(7) A grant of bail to a person under this section, the issuing and
serving on a person of a notice to appear and the person’s release from
custody thereon discharges the duty of taking that person before a justice to
be dealt with according to law.
(8) A court before which a person granted
bail pursuant to this section appears may enlarge, vary or revoke bail so
granted.
"officer-in-charge" , of a police station or police establishment, includes a
police officer nominated by the officer-in-charge of the police station or
police establishment as the officer-in-charge of the police station or police
establishment during the officer-in-charge’s absence.
"prescribed police officer" , in relation to a person in custody, means—
(a)
if the person is in custody at a police station or police establishment—the
officer-in-charge of the police station or police establishment; or
(b) if
the person is in custody at a watch-house—
(i) the watch-house manager; or
(ii) another police officer whose duties include performing functions at the
watch-house in relation to persons in custody.