Part 4: Police Powers Chapter 1: Pre-charge Bail Section 52: Arrest elsewhere than at a police station: release before charge
Section 52 concerns section 30A of PACE, which provides for a power for a constable to release on bail a person who is arrested other than at a police station (known as 'street bail'). The section amends section 30A to enable such a release without bail. Subsection (3) amends section 30A(1), the effect of which is to establish a presumption that, where a police officer decides that it is appropriate to release an arrested person rather than take them to a police station, that release will be without bail, unless the requirements in new section 30A(1A) (inserted by subsection (4)) are met. Those requirements are that that the constable is satisfied that bail is necessary and proportionate in all the circumstances (having regard, in particular, to any bail conditions that would be imposed) and bail is authorised by a police officer of the rank of inspector or above.