Commentary on Sections Part 10: Retrial for Serious Offences Section 87: Arrest and charge
338.Section 87 allows for the arrest of a person in respect of a qualifying offence by warrant, if the DPP’s consent has not previously been obtained and the police are acting under the urgent procedures. A justice of the peace may issue a warrant where he is satisfied that new evidence against the acquitted person has been obtained. This does not affect his arrest in respect of any matter other than the qualifying offence. Where a person is arrested, the Section provides that he may be charged with the offence for which he has been arrested in accordance with the provisions of the Police and Criminal Evidence Act 1984 (PACE), if an officer of the rank of Superintendent or above, who has not been involved with the investigation, considers that there is sufficient evidence available for the case to be referred to a prosecutor in order to consider making an application for the acquittal to be quashed in accordance with this Part of the Act. This is the equivalent stage to bringing a criminal charge under PACE in normal proceedings, but provides the additional safeguard that the evidence must be considered at Superintendent level or above.
339.This Section also requires the Custody Officer to ensure that any relevant evidence which becomes available during the investigation is made available to the relevant officer at Superintendent rank or above to enable him to reach such a decision, and allows the Superintendent (or above) to direct that a charge shall be brought where there is sufficient evidence to do so.