Section 46 Police and Criminal Evidence Act 1984

Section 46 of the Police and Criminal Evidence Act 1984 is about Detention after charge. It provides as follows:

(1)Where a person—

(a)is charged with an offence; and

(b)after being charged—

(i)is kept in police detention; or

(ii)is detained by a local authority in pursuance of arrangements made under section 38(6) above,

he shall be brought before a magistrates’ court in accordance with the provisions of this section.

(2)If he is to be brought before a magistrates’ court in the local justice area in which the police station at which he was charged is situated, he shall be brought before such a court as soon as is practicable and in any event not later than the first sitting after he is charged with the offence.

(3)If no magistrates’ court in that area is due to sit either on the day on which he is charged or on the next day, the custody officer for the police station at which he was charged shall inform the designated officer for the area that there is a person in the area to whom subsection (2) above applies.

(4)If the person charged is to be brought before a magistrates’ court in a local justice area other than that in which the police station at which he was charged is situated, he shall be removed to that area as soon as is practicable and brought before such a court as soon as is practicable after his arrival in the area and in any event not later than the first sitting of a magistrates’ court in that area after his arrival in the area.

(5)If no magistrates’ court in that area is due to sit either on the day on which he arrives in the area or on the next day—

(a)he shall be taken to a police station in the area; and

(b)the custody officer at that station shall inform the designated officer for the area that there is a person in the area to whom subsection (4) applies.

(6)Subject to subsection (8) below, where the designated officer for a local justice area has been informed—

(a)under subsection (3) above that there is a person in the area to whom subsection (2) above applies; or

(b)under subsection (5) above that there is a person in the area to whom subsection (4) above applies, the designated officer shall arrange for a magistrates’ court to sit not later than the day next following the relevant day.

(7)In this section “the relevant day”—

(a)in relation to a person who is to be brought before a magistrates’ court in the local justice area in which the police station at which he was charged is situated, means the day on which he was charged; and

(b)in relation to a person who is to be brought before a magistrates’ court in any other local justice area, means the day on which he arrives in the area.

(8)Where the day next following the relevant day is Christmas Day, Good Friday or a Sunday, the duty of the designated officer under subsection (6) above is a duty to arrange for a magistrates’ court to sit not later than the first day after the relevant day which is not one of those days.

(9)Nothing in this section requires a person who is in hospital to be brought before a court if he is not well enough.

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Source: legislation.gov.uk
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