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
Say them out loud first. Then tap each one to check.
- 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
- s.30A(2)Release happens before the person arrives at a police station
- 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
- 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
- s.30A(1A)(b)A custody officer authorises the bail, having considered any representations from the person
- 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
- Arrest without warrantPolice and Criminal Evidence Act 1984, s.24
- Arrest without warrant by other personsPolice and Criminal Evidence Act 1984, s.24A
- Information to be given on arrestPolice and Criminal Evidence Act 1984, s.28
- Arrest elsewhere than at a police stationPolice and Criminal Evidence Act 1984, s.30
- Voluntary attendance at a police stationPolice and Criminal Evidence Act 1984, s.29
- Arrest for breach of bailBail Act 1976, s.7
- Breach of the peace – arrest and entryCommon law
- Arrest of a suspected terroristTerrorism Act 2000, s.41