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Criminal Justice Bill


Criminal Justice Bill
Part 2 — Bail

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 18    Appeal by prosecution

     (1)    Section 1 of the Bail (Amendment) Act 1993 (c. 26) (prosecution right of appeal)

is amended as follows.

     (2)    For subsection (1) (prosecution may appeal to Crown Court judge against bail

in case of offence punishable by imprisonment for five years or more etc) there

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is substituted—

           “(1)              Where a magistrates’ court grants bail to a person who is charged with,

or convicted of, an offence punishable by imprisonment, the

prosecution may appeal to a judge of the Crown Court against the

granting of bail.”

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     (3)    In subsection (10)(a) for “punishable by a term of imprisonment” there is

substituted “punishable by imprisonment”.

 19    Drug users: restriction on bail

     (1)    The 1976 Act is amended as follows.

     (2)    In section 3 (general provisions), after subsection (6B) there is inserted—

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           “(6C)              Subsection (6D) below applies where—

                  (a)                 the court has been notified by the Secretary of State that

arrangements for conducting a relevant assessment or, as the

case may be, providing relevant follow-up have been made for

the petty sessions area in which it appears to the court that the

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person referred to in subsection (6D) would reside if granted

bail; and

                  (b)                 the notice has not been withdrawn.

           (6D)              In the case of a person (“P”)—

                  (a)                 in relation to whom paragraphs (a) to (c) of paragraph 6B(1) of

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Part 1 of Schedule 1 to this Act apply;

                  (b)                 who, after analysis of the sample referred to in paragraph (b) of

that paragraph, has been offered a relevant assessment or, if a

relevant assessment has been carried out, has had relevant

follow-up proposed to him; and

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                  (c)                 who has agreed to undergo the relevant assessment or, as the

case may be, to participate in the relevant follow-up,

                         the court, if it grants bail, shall impose as a condition of bail that P both

undergo the relevant assessment and participate in any relevant

follow-up proposed to him or, if a relevant assessment has been carried

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out, that P participate in the relevant follow-up.

           (6E)              In subsections (6C) and (6D) above—

                  (a)                 “relevant assessment” means an assessment conducted by a

suitably qualified person of whether P is dependent upon or has

a propensity to misuse any specified Class A drugs;

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                  (b)                 “relevant follow-up” means, in a case where the person who

conducted the relevant assessment believes P to have such a

dependency or propensity, such further assessment, and such

assistance or treatment (or both) in connection with the

dependency or propensity, as the person who conducted the

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Criminal Justice Bill
Part 2 — Bail

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relevant assessment (or conducts any later assessment)

considers to be appropriate in P’s case,

                         and in paragraph (a) above “Class A drug” and “misuse” have the same

meaning as in the Misuse of Drugs Act 1971, and “specified” (in relation

to a Class A drug) has the same meaning as in Part 3 of the Criminal

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Justice and Court Services Act 2000.

           (6F)              In subsection (6E)(a) above, “suitably qualified person” means a person

who has such qualifications or experience as are from time to time

specified by the Secretary of State for the purposes of this subsection.”

     (3)    In section 3A(3) (conditions of bail in case of police bail), for “, (6A) and (6B)”

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there is substituted “and (6A) to (6F)”.

     (4)    In Schedule 1 (which contains supplementary provisions about bail), in Part 1

(imprisonable offences)—

           (a)           after paragraph 6 there is inserted—

“Exception applicable to drug users in certain areas

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               6A                      Subject to paragraph 6C below, a defendant who falls within

paragraph 6B below may not be granted bail unless the court

is satisfied that there is no significant risk of his committing

an offence while on bail (whether subject to conditions or

not); but this does not require the court, if so satisfied, to

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grant bail (disregarding other considerations).

               6B                     (1)                      A defendant falls within this paragraph if—

                           (a)                          he is aged 18 or over;

                           (b)                          a sample taken—

                                 (i)                                under section 63B of the Police and Criminal

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Evidence Act 1984 (testing for presence of

Class A drugs) in connection with the offence;

or

                                 (ii)                               under section 154 of the Criminal Justice Act

2003 (drug testing after conviction of an

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offence but before sentence),

                                                        has revealed the presence in his body of a specified

Class A drug;

                           (c)                          either the offence is one under section 5(2) or (3) of the

Misuse of Drugs Act 1971 and relates to a specified

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Class A drug, or the court is satisfied that there are

substantial grounds for believing—

                                 (i)                                that misuse by him of any specified Class A

drug caused or contributed to the offence; or

                                 (ii)                               (even if it did not) that the offence was

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motivated wholly or partly by his intended

misuse of such a drug; and

                           (d)                          the condition set out in sub-paragraph (2) below is

satisfied or (if the court is considering on a second or

subsequent occasion whether or not to grant bail) has

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been, and continues to be, satisfied.

                                    (2)                      The condition referred to is that after the taking and analysis

of the sample—

 

 

Criminal Justice Bill
Part 2 — Bail

    15

 

                           (a)                          a relevant assessment has been offered to the

defendant but he does not agree to undergo it; or

                           (b)                          he has undergone a relevant assessment, and relevant

follow-up has been proposed to him, but he does not

agree to participate in it.

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                                    (3)                      In this paragraph and paragraph 6C below—

                           (a)                          “Class A drug” and “misuse” have the same meaning

as in the Misuse of Drugs Act 1971;

                           (b)                          “relevant assessment” and “relevant follow-up” have

the meaning given by section 3(6E) of this Act;

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                           (c)                          “specified” (in relation to a Class A drug) has the

same meaning as in Part 3 of the Criminal Justice and

Court Services Act 2000.

               6C                      Paragraph 6A above does not apply unless—

                           (a)                          the court has been notified by the Secretary of State

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that arrangements for conducting a relevant

assessment or, as the case may be, providing relevant

follow-up have been made for the petty sessions area

in which it appears to the court that the defendant

would reside if granted bail; and

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                           (b)                          the notice has not been withdrawn.”,

           (b)           in paragraph 8(1), for “(4) to (7)” there is substituted “(4) to (6B) or (7)”.

 20    Supplementary amendments to the Bail Act 1976

     (1)    In Part 1 of Schedule 1 to the 1976 Act (supplementary provisions relating to

bail of defendant accused or convicted of imprisonable offence) the existing

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text of paragraph 2 is to be sub-paragraph (1) of that paragraph, and after that

sub-paragraph (as so re-numbered) there is inserted—

                       “(2)                Where the defendant falls within one or more of paragraphs 2A, 6

and 6B of this Part of this Schedule, this paragraph shall not apply

unless—

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                      (a)                        where the defendant falls within paragraph 2A, the court

is satisfied as mentioned in sub-paragraph (1) of that

paragraph;

                      (b)                        where the defendant falls within paragraph 6, the court is

satisfied as mentioned in sub-paragraph (1) of that

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paragraph;

                      (c)                        where the defendant falls within paragraph 6B, the court is

satisfied as mentioned in paragraph 6A of this Part of this

Schedule.”

     (2)    In paragraph 9 of that Part (matters to be taken into account in making

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decisions under paragraph 2 or 2A of that Part) for “2 or 2A” there is

substituted “2(1), or in deciding whether it is satisfied as mentioned in

paragraph 2A(1), 6(1) or 6A,”.

 21    Interpretation of Part 2

In this Part—

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                      “bail” means bail in criminal proceedings (within the meaning of the 1976

Act),

 

 

Criminal Justice Bill
Part 3 — Conditional cautions

    16

 

                      “bail hostel” has the meaning given by section 2(2) of the 1976 Act,

                      “the 1976 Act” means the Bail Act 1976 (c. 63),

                      “vary” has the same meaning as in the 1976 Act.

Part 3

Conditional cautions

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 22    Conditional cautions

     (1)    An authorised person may give a conditional caution to a person aged 18 or

over (“the offender”) if each of the five requirements in section 23 is satisfied.

     (2)    In this Part “conditional caution” means a caution which is given in respect of

an offence committed by the offender and which has conditions attached to it

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with which the offender must comply.

     (3)    The conditions which may be attached to such a caution are those which have

either or both of the following objects—

           (a)           ensuring or facilitating the rehabilitation of the offender,

           (b)           ensuring that he makes reparation for the offence.

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     (4)    In this Part “authorised person” means—

           (a)           a constable,

           (b)           an investigating officer, or

           (c)           a person authorised by Director of Public Prosecutions for the purposes

of this section.

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 23    The five requirements

     (1)    The first requirement is that the authorised person has evidence that the

offender has committed an offence.

     (2)    The second requirement is that the Director of Public Prosecutions decides—

           (a)           that there is sufficient evidence to charge the offender with the offence,

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and

           (b)           that a conditional caution should be given to the offender in respect of

the offence.

     (3)    The third requirement is that the offender admits to the authorised person that

he committed the offence.

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     (4)    The fourth requirement is that the authorised person explains the effect of the

conditional caution to the offender and warns him that failure to comply with

any of the conditions attached to the caution may result in his being prosecuted

for the offence.

     (5)    The fifth requirement is that the offender signs a document which contains—

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           (a)           details of the offence,

           (b)           an admission by him that he committed the offence,

           (c)           his consent to being given the conditional caution, and

           (d)           the conditions attached to the caution.

 

 

 
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