47Review of police decision by senior police officer

47 Review of police decision by senior police officer

47 Review of police decision by senior police officer

(1) A senior police officer may carry out a review of a bail decision made by a police officer if—

(a) bail was refused, or

(b) bail conditions were imposed.

(2) A senior police officer must carry out a review, at the request of the accused person, if—

(a) bail was refused, or

(b) bail was granted subject to a pre-release requirement and the accused person cannot comply with the pre-release requirement.

(3) A senior police officer may carry out a review on the police officer’s own initiative.

(4) A senior police officer may, after carrying out a review of a bail decision—

(a) affirm the bail decision, or

(b) vary the bail decision.

(5) A review is not to be carried out if to do so would cause a delay in bringing the accused person before a court.

(6) A review is not required if the bail decision has previously been reviewed by a senior police officer.

(7) In this section, senior police officer means—

(a) in relation to a bail decision made by a police officer at a police station—

(i) a police officer at the police station who is senior to the police officer who made the bail decision, or

(ii) if no such police officer is available at the police station, any other police officer who is senior to the police officer who made the bail decision, or

(b) in relation to a bail decision made by a police officer at a hospital or a mental health facility (within the meaning of the Mental Health Act 2007), subject to the regulations, any other police officer who is senior to the police officer who made the bail decision.

(8) (Repealed)

s 47: Am 2014 No 52, Sch 1 [16]–[18]; 2015 No 44, Sch 1 [10]; 2017 No 44, Sch 1.1 [2].