The powers library15 of 59 Arrest

Street bail

ss.30A–30DPolice and Criminal Evidence Act 1984

Lets a constable release a person arrested away from a police station on bail, before they reach a station, with a requirement to attend a police station later and, if needed, bail conditions.

Street bail · Police and Criminal Evidence Act 1984, ss.30A–30DCard 15 / 59

When you can use it

  1. s.30A(1)The person was arrested by a constable for an offence, or taken into custody by a constable after a non-constable's arrest, somewhere other than a police station
  2. s.30A(2)Release happens before the person arrives at a police station
  3. s.30A(1A)(a)The constable is satisfied bail is necessary and proportionate in all the circumstances, having regard to any conditions to be imposed
  4. s.30A(1B)In deciding this, the constable considers surrender to custody, preventing offending, safeguarding victims and witnesses, safeguarding the person, and managing risks to the public
  5. s.30A(1A)(b)A custody officer authorises the bail, having considered any representations from the person
  6. s.30A(1C)If these tests are not met, the person may instead be released without bail

Street bail: questions people ask

When can the police use street bail?

1. The person was arrested by a constable for an offence, or taken into custody by a constable after a non-constable's arrest, somewhere other than a police station 2. Release happens before the person arrives at a police station 3. The constable is satisfied bail is necessary and proportionate in all the circumstances, having regard to any conditions to be imposed 4. In deciding this, the constable considers surrender to custody, preventing offending, safeguarding victims and witnesses, safeguarding the person, and managing risks to the public 5. A custody officer authorises the bail, having considered any representations from the person 6. If these tests are not met, the person may instead be released without bail

Who can use street bail?

A constable (with custody officer authorisation)

What law gives the power for street bail?

Police and Criminal Evidence Act 1984, ss.30A–30D.

More powers of arrest

All powers of arrest