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Criminal Justice Bill


Criminal Justice Bill
Part 1 — Amendments of Police and Criminal Evidence Act 1984

    1

 

A

Bill

To

Make provision about criminal justice (including the powers and duties of the

police) and about dealing with offenders; to amend the law relating to jury

service; to amend Chapter 1 of Part 1 of the Crime and Disorder Act 1998 and

Part 5 of the Police Act 1997; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Amendments of Police and Criminal Evidence Act 1984

General amendments

 1     Extension of powers to stop and search

     (1)    In this Part, “the 1984 Act” means the Police and Criminal Evidence Act 1984

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(c. 60).

     (2)    In section 1(8) of the 1984 Act (offences for purpose of definition of prohibited

article), at the end of paragraph (d) there is inserted “; and

                  (e)                    offences under section 1 of the Criminal Damage Act 1971

(destroying or damaging property).”

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 2     Warrants to enter and search

In section 16 of the 1984 Act (execution of warrants), after subsection (2) there

is inserted—

           “(2A)              A person so authorised has the same powers as the constable whom he

accompanies in respect of—

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                  (a)                 the execution of the warrant, and

                  (b)                 the seizure of anything to which the warrant relates.

 
HL Bill 6953/2
 
 

Criminal Justice Bill
Part 1 — Amendments of Police and Criminal Evidence Act 1984

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           (2B)              But he may exercise those powers only in the company, and under the

supervision, of a constable.”

 3     Bail elsewhere than at police station

     (1)    Section 30 of the 1984 Act (arrest elsewhere than at police station) is amended

as follows.

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     (2)    For subsection (1) there is substituted—

           “(1)              Subsection (1A) applies where a person is, at any place other than a

police station—

                  (a)                 arrested by a constable for an offence, or

                  (b)                 taken into custody by a constable after being arrested for an

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offence by a person other than a constable.

           (1A)              The person must be taken by a constable to a police station as soon as

practicable after the arrest.

           (1B)              Subsection (1A) has effect subject to section 30A (release on bail) and

subsection (7) (release without bail).”

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     (3)    In subsection (2) for “subsection (1)” there is substituted “subsection (1A)”.

     (4)    For subsection (7) there is substituted—

           “(7)              A person arrested by a constable at any place other than a police station

must be released without bail if the condition in subsection (7A) is

satisfied.

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           (7A)              The condition is that, at any time before the person arrested reaches a

police station, a constable is satisfied that there are no grounds for

keeping him under arrest or releasing him on bail under section 30A.”

     (5)    For subsections (10) and (11) there is substituted—

           “(10)              Nothing in subsection (1A) or in section 30A prevents a constable

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delaying taking a person to a police station or releasing him on bail if

the condition in subsection (10A) is satisfied.

           (10A)              The condition is that the presence of the person at a place (other than a

police station) is necessary in order to carry out such investigations as

it is reasonable to carry out immediately.

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           (11)              Where there is any such delay the reasons for the delay must be

recorded when the person first arrives at the police station or (as the

case may be) is released on bail.”           

     (6)    In subsection (12) for “subsection (1)” there is substituted “subsection (1A) or

section 30A”.

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     (7)    After section 30 there is inserted—

       “30A            Bail elsewhere than at police station

           (1)           A constable may release on bail a person who is arrested or taken into

custody in the circumstances mentioned in section 30(1).

           (2)           A person may be released on bail under subsection (1) at any time

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before he arrives at a police station.

 

 

Criminal Justice Bill
Part 1 — Amendments of Police and Criminal Evidence Act 1984

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           (3)           A person released on bail under subsection (1) must be required to

attend a police station.

           (4)           No other requirement may be imposed on the person as a condition of

bail.

           (5)           The police station which the person is required to attend may be any

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police station.

       30B            Bail under section 30A: notices

           (1)           Where a constable grants bail to a person under section 30A, he must

give that person a notice in writing before he is released.

           (2)           The notice must state—

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                  (a)                 the offence for which he was arrested, and

                  (b)                 the ground on which he was arrested.

           (3)           The notice must inform him that he is required to attend a police

station.

           (4)           It may also specify the police station which he is required to attend and

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the time when he is required to attend.

           (5)           If the notice does not include the information mentioned in subsection

(4), the person must subsequently be given a further notice in writing

which contains that information.

           (6)           The person may be required to attend a different police station from

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that specified in the notice under subsection (1) or (5) or to attend at a

different time.

           (7)           He must be given notice in writing of any such change as is mentioned

in subsection (6) but more than one such notice may be given to him.

       30C            Bail under section 30A: supplemental

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           (1)           A person who has been required to attend a police station is not

required to do so if he is given notice in writing that his attendance is

no longer required.

           (2)           If a person is required to attend a police station which is not a

designated police station he must be—

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                  (a)                 released, or

                  (b)                 taken to a designated police station,

                         not more than six hours after his arrival.

           (3)           Nothing in the Bail Act 1976 (c. 63) applies in relation to bail under

section 30A.

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           (4)           Nothing in section 30A or 30B or in this section prevents the re-arrest

without a warrant of a person released on bail under section 30A if new

evidence justifying a further arrest has come to light since his release.

       30D            Failure to answer to bail under section 30A

           (1)           A constable may arrest without a warrant a person who—

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                  (a)                 has been released on bail under section 30A subject to a

requirement to attend a specified police station, but

                  (b)                 fails to attend the police station at the specified time.

 

 

Criminal Justice Bill
Part 1 — Amendments of Police and Criminal Evidence Act 1984

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           (2)           A person arrested under subsection (1) must be taken to a police station

(which may be the specified police station or any other police station)

as soon as practicable after the arrest.

           (3)           In subsection (1), “specified” means specified in a notice under

subsection (1) or (5) of section 30B or, if notice of change has been given

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under subsection (7) of that section, in that notice.

           (4)           For the purposes of—

                  (a)                 section 30 (subject to the obligation in subsection (2)), and

                  (b)                 section 31,

                         an arrest under this section is to be treated as an arrest for an offence.”

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 4     Use of telephones for review of police detention

For section 40A(1) and (2) of the 1984 Act (use of telephone for review under

s.40) there is substituted—

           “(1)              A review under section 40(1)(b) may be carried out by means of a

discussion, conducted by telephone, with one or more persons at the

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police station where the arrested person is held.

           (2)              But subsection (1) does not apply if—

                  (a)                 the review is of a kind authorised by regulations under section

45A to be carried out using video-conferencing facilities; and

                  (b)                 it is reasonably practicable to carry it out in accordance with

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those regulations.”

 5     Limits on period of detention without charge

In section 42(1) of the 1984 Act (conditions to be satisfied before detention

without charge may be extended from 24 to 36 hours), for paragraph (b) there

is substituted—

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                  “(b)                    an offence for which he is under arrest is an arrestable offence;

and”.

 6     Property of detained persons

     (1)    In subsection (1) of section 54 of the 1984 Act (which requires the custody

officer at a police station to ascertain and record everything which a detained

30

person has with him), there is omitted “and record or cause to be recorded”.

     (2)    Subsection (2) of that section (which, in the case of an arrested person, requires

the record to be kept as part of his custody record) is omitted.

 7     Taking fingerprints without consent

     (1)    Section 61 of the 1984 Act (fingerprinting) is amended as follows.

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     (2)    For subsections (3) and (4) (taking of fingerprints without appropriate consent)

there is substituted—

           “(3)                            The fingerprints of a person detained at a police station may be taken

without the appropriate consent if—

                  (a)                 he is detained in consequence of his arrest for a recordable

40

offence; and

 

 

Criminal Justice Bill
Part 1 — Amendments of Police and Criminal Evidence Act 1984

    5

 

                  (b)                 he has not had his fingerprints taken in the course of the

investigation of the offence by the police.

           (4)              The fingerprints of a person detained at a police station may be taken

without the appropriate consent if—

                  (a)                 he has been charged with a recordable offence or informed that

5

he will be reported for such an offence; and

                  (b)                 he has not had his fingerprints taken in the course of the

investigation of the offence by the police.”

     (3)    In subsection (3A) (disregard of incomplete or unsatisfactory fingerprints) for

the words from the beginning to “subsection (3) above” there is substituted

10

“Where a person mentioned in paragraph (a) of subsection (3) or (4) has

already had his fingerprints taken in the course of the investigation of the

offence by the police”.

     (4)    In subsection (5) (authorisation to be given or confirmed in writing) for

“subsection (3)(a) or (4A)” there is substituted “subsection (4A)”.

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     (5)    In subsection (7) (reasons for taking of fingerprints without consent) for

“subsection (3) or (6)” there is substituted “subsection (3), (4) or (6)”.

 8     Taking non-intimate samples without consent

     (1)    Section 63 of the 1984 Act (other samples) is amended as follows.

     (2)    After subsection (2) (consent to be given in writing) there is inserted—

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           “(2A)              A non-intimate sample may be taken from a person without the

appropriate consent if two conditions are satisfied.

           (2B)              The first is that the person is in police detention in consequence of his

arrest for a recordable offence.

           (2C)              The second is that—

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                  (a)                 he has not had a non-intimate sample of the same type and from

the same part of the body taken in the course of the

investigation of the offence by the police, or

                  (b)                 he has had such a sample taken but it proved insufficient.”

     (3)    In subsection (3)(a) (taking of samples without appropriate consent) the words

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“is in police detention or” are omitted.

     (4)    In subsection (3A) (taking of samples without appropriate consent after

charge) for “(whether or not he falls within subsection (3)(a) above)” there is

substituted “(whether or not he is in police detention or held in custody by the

police on the authority of a court)”.

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     (5)    In subsection (8A) (reasons for taking of samples without consent) for

“subsection (3A)” there is substituted “subsection (2A), (3A)”.

 9     Codes of practice

     (1)    In section 67 of the 1984 Act (supplementary provisions about codes), for

subsections (1) to (7C) there is substituted—

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           “(1)              In this section, “code” means a code of practice under section 60, 60A or

66.

 

 

Criminal Justice Bill
Part 1 — Amendments of Police and Criminal Evidence Act 1984

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           (2)              The Secretary of State may at any time revise the whole or any part of a

code.

           (3)              A code may be made, or revised, so as to—

                  (a)                 apply only in relation to one or more specified areas,

                  (b)                 have effect only for a specified period,

5

                  (c)                 apply only in relation to specified offences or descriptions of

offender.

           (4)              Before issuing a code, or any revision of a code, the Secretary of State

must consult—

                  (a)                 persons whom he considers to represent the interests of police

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authorities,

                  (b)                 persons whom he considers to represent the interests of chief

officers of police, and

                  (c)                 such other persons as he thinks fit.

           (5)              The Secretary of State must lay a code, or any revision of a code, before

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Parliament.”

     (2)    Section 113 of the 1984 Act (application of Act to armed forces) is amended as

follows.

     (3)    After subsection (3) there is inserted—

           “(3A)              In subsections (4) to (10), “code” means a code of practice under

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subsection (3).”

     (4)    For subsections (5) to (7) there is substituted—

           “(5)              The Secretary of State may at any time revise the whole or any part of a

code.

           (6)              A code may be made, or revised, so as to—

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                  (a)                 apply only in relation to one or more specified areas,

                  (b)                 have effect only for a specified period,

                  (c)                 apply only in relation to specified offences or descriptions of

offender.

           (7)              The Secretary of State must lay a code, or any revision of a code, before

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Parliament.”

 10    Amendments related to this Part

Schedule 1 (which makes amendments related to the provisions of this Part)

has effect.

Amendments relating to drugs

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 11    Power of arrest for possession of Class C drugs

In Schedule 1A to the 1984 Act (specific offences which are arrestable offences),

 

 

Criminal Justice Bill
Part 1 — Amendments of Police and Criminal Evidence Act 1984

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after paragraph 6 there is inserted—

“Misuse of Drugs Act 1971

        6A                An offence under section 5(2) of the Misuse of Drugs Act 1971 (c. 38)

(having possession of a controlled drug) in respect of a Class C drug

(within the meaning of that Act).”

5

 12    Drug testing for under-eighteens

     (1)    The 1984 Act is amended as follows.

     (2)    In section 38 (duties of custody officer after charge)—

           (a)           in subsection (1)—

                  (i)                 for sub-paragraph (iiia) of paragraph (a) there is substituted—

10

                                      “(iiia)                                        except in a case where (by virtue of

subsection (9) of section 63B below) that

section does not apply, the custody

officer has reasonable grounds for

believing that the detention of the person

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is necessary to enable a sample to be

taken from him under that section;”,

                  (ii)                in sub-paragraph (i) of paragraph (b), after “satisfied” there is

inserted “(but, in the case of paragraph (a)(iiia) above, only if

the arrested juvenile has attained the minimum age)”,

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           (b)           in subsection (6A), after the definition of “local authority

accommodation” there is inserted—

                                  ““minimum age” means the age specified in section 63B(3)

below;”.

     (3)    In section 63B (testing for presence of Class A drugs)—

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           (a)           in subsection (3), for “18” there is substituted “14”,

           (b)           after subsection (5), there is inserted—

                  “(5A)                    In the case of a person who has not attained the age of 17—

                        (a)                        the making of the request under subsection (4) above;

                        (b)                        the giving of the warning and (where applicable) the

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information under subsection (5) above; and

                        (c)                        the taking of the sample,

                                      may not take place except in the presence of an appropriate

adult.”.

           (c)           after subsection (6), there is inserted—

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                  “(6A)                    The Secretary of State may by order made by statutory

instrument amend subsection (3) above by substituting for the

age for the time being specified a different age specified in the

order.

                  (6B)                    A statutory instrument containing an order under subsection

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(6A) above shall not be made unless a draft of the instrument

has been laid before, and approved by a resolution of, each

House of Parliament.”,

 

 

 
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