POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 394 Duty of police officer receiving custody of person arrested for offence

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 394

394 Duty of police officer receiving custody of person arrested for offence

(1) This section applies if—

(a) a person who has been arrested for an offence, whether or not under a warrant, is delivered into the custody of the officer in charge of a police station or police establishment or a watch-house manager; and

(b) the person is not being detained under chapter 15 ; and

(c) it is not practicable to bring the person before a court promptly.

(2) A prescribed police officer at the police station, police establishment or watch-house must, as soon as reasonably practicable—

(a) decide whether or not to grant bail under the Bail Act 1980 ; or

(b) issue and serve a notice to appear on the person; or

(c) for a person arrested for—

(i) being intoxicated in a public place, decide whether to discontinue the arrest under section 378 ; or

(ii) a minor drugs offence, decide whether to discontinue the arrest under section 379 ; or

(ca) for a person arrested for a prescribed public nuisance offence—issue and serve on the person an infringement notice for the prescribed public nuisance offence and any associated offence; or

(d) take the person before a court to be dealt with according to law.

(3) If a person is released under section 378 or 379 before appearing in a court in relation to the offence, any proceeding against the person for the offence is discontinued even though the person may have been charged with having committed the offence.

(4) This section does not apply to a child.

Note—

See also the Youth Justice Act 1992 , section 50 .

(5) In this section—


"associated offence" , in relation to a prescribed public nuisance offence, means an offence against either or both of the following provisions, unless the offence also involves an offence against the person—

(a) section 790 (1) , but only to the extent that it relates to obstructing a police officer in the performance of a police officer’s duties in relation to a prescribed public nuisance offence;

(b) section 791 (2) , but only to the extent that it relates to a requirement to state a person’s correct name and address in relation to a prescribed public nuisance offence.

"prescribed police officer" means a prescribed police officer under the Bail Act 1980 , section 7 .


"prescribed public nuisance offence" means an offence against the Summary Offences Act 2005 , section 6 (1) or 7 (1) , unless the offence also involves an offence against the person.