Modules

The aim of this module is to identify and clarify the purpose, application and consequences of the provisions of S.37(7) of PACE 1984, for the granting of pre-charge bail. The programme also covers the role and responsibilities of Custody Officers and Duty Prosecutors in accordance with the Director's Guidance on Charging.

These are the main points on pre-charge bail within this module:

• The purpose of pre-charge bail is to allow investigative work on key evidence to take place and for charging referral
• The decision to detain or bail a suspect remains the province of the Custody Officer
• The Threshold Test plays the pivotal role in the decision to grant pre-charge bail
• Conditions imposed on pre-charge bail must be in accordance with Bail Act principles
• The suspect can apply for conditions to be varied
• If a condition is breached the PACE clock restarts from the time the suspect is bought to the station in which he is sought, or 24 hours after arrest, whichever is sooner
• PACE does not include provision for detaining a suspect for interviewing
• A Superintendent's authority to extend detention does not apply to a referral for a charging decision.