13Deciding bail after charge laid

13 Deciding bail after charge laid (1) If— (a) a person who has been taken into custody by a police officer is charged with an offence but is not to be brought before a court immediately after being charged; or (b) it is not practicable to bring immediately before a court a person arrested under a warrant (being a warrant which does not expressly preclude the granting of bail) issued under the Magistrates Court Act 1930, section 42 (2) (Issue of warrant and summons) in relation to an offence punishable by a fine or by imprisonment for a period not exceeding 2 years;

the police officer who charges or arrests the person— (c) must tell the person that the person may— (i) apply for bail; and (ii) communicate with a lawyer of the person’s choice in relation to the making of an application for bail; and (iii) if the person cannot speak or understand the English language—have recourse to the services of a competent interpreter; and (iv) communicate with someone else of the person’s choice who may reasonably be expected to assist the person in relation to the provision of bail; and if the person asks for facilities to do so, must provide the person with reasonable facilities to enable the person to communicate with a lawyer, an interpreter or someone else; and (d) must tell the person about— (i) the applicable bail criteria; and (ii) the conditions subject to which the person may be released on bail; and (e) if the person applies for bail— (i) if the police officer is authorised to grant bail to the person—must consider whether the person should be granted bail; or (ii) in any other case—must bring the person before an authorised officer. (2) If a person is brought before an authorised officer under subsection (1) (e) (ii), the authorised officer must consider whether the person should be granted bail.

(3) If, before subsection (1) has been fully complied with in relation to an accused person, an authorised officer is satisfied that it is appropriate to release the person on bail subject only to the person giving an undertaking to appear, the authorised officer may so release the person. (4) A police officer who charges or arrests a person need not comply with subsection (1) (c) (ii), (iii) or (iv) if the police officer believes on reasonable grounds that non-compliance is necessary to prevent— (a) the escape of an accomplice of the accused person; or (b) the loss, destruction or falsification of evidence relating to the (5) If a police officer who charges or arrests a person does not comply with subsection (1) (c) (ii), (iii) or (iv) for a reason mentioned in subsection (4), the police officer must record the reason.