Moved by
Lord Marlesford
181: After Clause 53, insert the following new Clause—
“Lack of evidence to charge
In section 37 of the Police and Criminal Evidence Act 1984 (duties of custody officer before charge), after subsection (6) insert—
“(6A) If a person is—
(a) released without being charged under subsection (2), or
(b) informed, after being questioned under caution, that no further action will be taken against the person,
the custody officer shall, as soon as is reasonably practicable, write to the person to inform him that he has been released, or that no further action has been taken against him, on the grounds that there is a lack of evidence to charge him.
(6B) In the letter referred to in subsection (6A), and any other written record of the decision to release the person without charge under subsection (2) or to take no further action against the person, the custody officer must use the words “lack of evidence” to describe the grounds on which the decision to release the person, or to take no further action against the person, was taken.””