Police and Criminal Evidence Act 1984, section 37A

Guidance

Part IV Detention

(1)The Director of Public Prosecutions may issue guidance—

(a)for the purpose of enabling custody officers to decide how persons should be dealt with under section 37(7) above or 37C(2) [F202 or 37CA(2)F202] below, and

(b)as to the information to be sent to the Director of Public Prosecutions under section 37B(1) below.

(2)The Director of Public Prosecutions may from time to time revise guidance issued under this section.

(3)Custody officers are to have regard to guidance under this section in deciding how persons should be dealt with under section 37(7) above or 37C(2) [F203 or 37CA(2)F203] below.

(4)A report under section 9 of the Prosecution of Offences Act 1985 (report by DPP to Attorney General) must set out the provisions of any guidance issued, and any revisions to guidance made, in the year to which the report relates.

(5)The Director of Public Prosecutions must publish in such manner as he thinks fit—

(a)any guidance issued under this section, and

(b)any revisions made to such guidance.

(6)Guidance under this section may make different provision for different cases, circumstances or areas.F201]

Cases considering section 37A 5

G, R (on the application of) v Director of Public Prosecutions

[2008] EWCA Civ 28 · 5 February 2008Limits

The court interpreted section 37A as authorising guidance about how suspects should be dealt with under section 37(7), but not as adding to the statutory alternatives or creating a power to detain without charge. (see paras [17]; [22]; [25]; [29]; [44]) The court held that the obligation to have regard to guidance under section 37A did not permit the Director of Public Prosecutions to enlarge the custody officer’s statutory detention powers. (see paras [10]; [17]; [29]; [44])

Wyatt & Anor, R (On the Application Of) v Thames Valley Police

[2018] EWHC 2489 (Admin) · 28 September 2018

Applies the statutory framework for guidance on charging decisions. The Full Code Test and the possibility of further investigation were used to assess whether closing the investigation was lawful. (see paras [65]-[66]; [84]-[89])

Robson, R (On the Application Of) v Crown Prosecution Service

[2016] EWHC 2191 (Admin) · 29 July 2016Limits

Interprets the power to make different guidance for different cases, circumstances or areas as a general discretionary power. The provision did not permit the complete exclusion of prosecutorial discretion in domestic violence cases (see paras [19], [41]).

What each judgment says about section 37A is in the case-law panel in the full Act.

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F201S. 37A inserted (29.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 28, 336, Sch. 2 para. 3; S.I. 2004/81, art. 4(1)(2)(c)
  2. F202Words in s. 37A(1)(a) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 8(2); S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)
  3. F203Words in s. 37A(3) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 8(2); S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)

Modifications

  1. C382S. 37A applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)
  2. C383Ss. 37-37B modified (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 53(1) {Sch. 4 para. 30}; S.I. 2005/1126, art. 2(2)(h)
  3. C384Ss. 37-37B modified (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), s. 31(4) (with s. 36(4))