Part 2: Prevention, investigation and prosecution of crime Chapter 4: Other provisions Section 45 and Schedule 4: Pre-charge bail Part 5 of Schedule 4: police detention after arrest for breach of pre-charge bail etc.
Part 5 makes changes to the operation of the "detention clock" in relation to an arrest for failure to answer bail or for breach of bail conditions under section 46A of PACE. Section 41 of PACE provides that a person shall not be kept in police detention for more than 24 hours without being charged (a period commonly referred to as the "detention clock"). The release of a person on bail suspends this "detention clock". The arrest of a person for breach of bail conditions re-starts this clock. Part 5 of Schedule 4 amends section 47 of PACE (bail after arrest), providing that the "detention clock" shall be suspended for three hours from a person’s arrival at a police station where they are arrested for failure to attend a police station or breach of their bail conditions under section 46A of PACE. This is designed to ensure that the detention clock is not run down as a result of an individual repeatedly breaching bail conditions, helping to ensure that the time taken to deal with the arrest does not have a detrimental impact on future time that may be required to, for instance, interview the suspect. Paragraph 35 amends section 41 of PACE to signpost section 47 of PACE, as amended by Part 5.