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Criminal Justice Bill


176

Criminal Justice Bill
Schedule 1 — Amendments related to Part 1

 

Schedules

Schedule 1

Section 10

 

Amendments related to Part 1

The 1984 Act

  1        The 1984 Act is amended as follows.

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  2        In section 18 (entry and search after arrest), for subsection (5) there is

substituted—

              “(5)                A constable may conduct a search under subsection (1)—

                    (a)                   before the person is taken to a police station or released on

bail under section 30A, and

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                    (b)                   without obtaining an authorisation under subsection (4),

                              if the condition in subsection (5A) is satisfied.

              (5A)                The condition is that the presence of the person at a place (other than

a police station) is necessary for the effective investigation of the

offence.”

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  3        In section 21 (access and copying), at the end there is inserted—

              “(9)                The references to a constable in subsections (1), (2), (3)(a) and (5)

include a person authorised under section 16(2) to accompany a

constable executing a warrant.”

  4        In section 22 (retention), at the end there is inserted—

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              “(7)                The reference in subsection (1) to anything seized by a constable

includes anything seized by a person authorised under section 16(2)

to accompany a constable executing a warrant.”

  5        In section 34 (limitation on police detention), for subsection (7) there is

substituted—

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              “(7)                For the purposes of this Part a person who—

                    (a)                   attends a police station to answer to bail granted under

section 30A,

                    (b)                   returns to a police station to answer to bail granted under this

Part, or

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                    (c)                   is arrested under section 30D or 46A,

                              is to be treated as arrested for an offence and that offence is the

offence in connection with which he was granted bail.”

  6        In section 35(1) (designated police stations), for “section 30(3) and (5) above”

there is substituted “sections 30(3) and (5), 30A(5) and 30D(2)”.

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Criminal Justice Bill
Schedule 1 — Amendments related to Part 1

    177

 

  7        In section 36 (custody officers at police stations), after subsection (7) there is

inserted—

              “(7A)                Subject to subsection (7B), subsection (7) applies where a person

attends a police station which is not a designated station to answer

to bail granted under section 30A as it applies where a person is

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taken to such a station.

              (7B)                Where subsection (7) applies because of subsection (7A), the

reference in subsection (7)(b) to the officer who took him to the

station is to be read as a reference to the officer who granted him

bail.”

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  8        In section 41(2) (calculation of periods of time), after paragraph (c) there is

inserted—

                    “(ca)                      in the case of a person who attends a police station to answer

to bail granted under section 30A, the time when he arrives at

the police station;”

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  9        In section 45A(2)(a) (functions which may be performed by video-

conferencing), after “taken to” there is inserted “, or answering to bail at,”.

  10       In section 47 (bail after arrest)—

              (a)             in subsection (6), after “granted bail” there is inserted “under this

Part”, and

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              (b)             in subsection (7), after “released on bail” there is inserted “under this

Part”.

Criminal Justice Act 1987 (c. 38)

  11       In section 2 of the Criminal Justice Act 1987 (director’s investigation

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

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              “(6A)                Where an appropriate person accompanies a constable, he may

exercise the powers conferred by subsection (5) but only in the

company, and under the supervision, of the constable.”

  12       In subsection (7) of that section (meaning of appropriate person), for

“subsection (6) above” there is substituted “this section”.

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  13       In subsection (8D) of that section (references to evidence obtained by

Director), after “by a constable” there is inserted “or by an appropriate

person”.

Criminal Justice and Police Act 2001 (c. 16)

  14       In section 56 of the Criminal Justice and Police Act 2001 (property seized by

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constables etc.), after subsection (4) there is inserted—

              “(4A)                Subsection (1)(a) includes property seized on any premises—

                    (a)                   by a person authorised under section 16(2) of the 1984 Act to

accompany a constable executing a warrant, or

                    (b)                   by a person accompanying a constable under section 2(6) of

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the Criminal Justice Act 1987 in the execution of a warrant

under section 2(4) of that Act.”

                              

 

 

Criminal Justice Bill
Schedule 1 — Amendments related to Part 1

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Armed Forces Act 2001 (c. 19)

  15       In section 2(9) of the Armed Forces Act 2001 (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

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(destroying or damaging property).”

Police Reform Act 2002 (c. 30)

  16       Schedule 4 to the Police Reform Act 2002 (powers exercisable by police

civilians) is amended as follows.

  17       In paragraph 17 (access to excluded and special procedure material) after

10

paragraph (b) there is inserted—

          “(bb)                                   section 15 of that Act (safeguards) shall have effect in relation to

the issue of any warrant under paragraph 12 of that Schedule to

that person as it has effect in relation to the issue of a warrant

under that paragraph to a constable;

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          (bc)                                   section 16 of that Act (execution of warrants) shall have effect in

relation to any warrant to enter and search premises that is issued

under paragraph 12 of that Schedule (whether to that person or to

any other person) in respect of premises in the relevant police area

as if references in that section to a constable included references to

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that person;”.

  18       In paragraph 20 (access and copying in case of things seized by constables)

after “by a constable” there is inserted “or by a person authorised to

accompany him under section 16(2) of that Act”.

  19       After paragraph 24 (extended powers of seizure) there is inserted—

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“Persons accompanying investigating officers

          24A                 (1)                  This paragraph applies where a person (“an authorised person”) is

authorised by virtue of section 16(2) of the 1984 Act to accompany

an investigating officer designated for the purposes of paragraph

16 (or 17) in the execution of a warrant.

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                           (2)                  The reference in paragraph 16(h) (or 17(e)) to the seizure of

anything by a designated person in exercise of a particular power

includes a reference to the seizure of anything by the authorised

person in exercise of that power by virtue of section 16(2A) of the

1984 Act.

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                           (3)                  In relation to any such seizure, paragraph 16(h) (or 17(e)) is to be

read as if it provided for the references to a constable and to an

officer in section 21(1) and (2) of the 1984 Act to include references

to the authorised person.

                           (4)                  The reference in paragraph 16(i) (or 17(f)) to anything seized by a

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designated person in exercise of a particular power includes a

reference to anything seized by the authorised person in exercise

of that power by virtue of section 16(2A) of the 1984 Act.

 

 

Criminal Justice Bill
Schedule 2 — Charging or release of persons in police detention

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                           (5)                  In relation to anything so seized, paragraph 16(i)(ii) (or 17(f)(ii)) is

to be read as if it provided for—

                      (a)                     the references to the supervision of a constable in

subsections (3) and (4) of section 21 of the 1984 Act to

include references to the supervision of a person

5

designated for the purposes of paragraph 16 (or paragraph

17), and

                      (b)                     the reference to a constable in subsection (5) of that section

to include a reference to such a person or an authorised

person accompanying him.

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                            (6)                  Where an authorised person accompanies an investigating officer

who is also designated for the purposes of paragraph 24, the

references in sub-paragraphs (a) and (b) of that paragraph to the

designated person include references to the authorised person.”

  20       In paragraph 34 (powers of escort officer to take arrested person to prison),

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in sub-paragraph (1)(a), for “subsection (1) of section 30” there is substituted

“subsection (1A) of section 30”.

Schedule 2

Section 27

 

Charging or release of persons in police detention

  1        The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

20

  2       (1)      Section 37 (duties of custody officers before charge) is amended as follows.

          (2)      In subsection (7) for paragraphs (a) and (b) there is substituted—

                    “(a)                      shall be released without charge and on bail for the purpose

of enabling the Director of Public Prosecutions to make a

decision under section 37B below,

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                    (b)                      shall be released without charge and on bail but not for that

purpose,

                    (c)                      shall be released without charge and without bail, or

                    (d)                      shall be charged.”

          (3)      After that subsection there is inserted—

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              “(7A)                The decision as to how a person is to be dealt with under subsection

(7) above shall be that of the custody officer.

              (7B)                Where a person is released under subsection (7)(a) above, it shall be

the duty of the custody officer to inform him that he is being released

to enable the Director of Public Prosecutions to make a decision

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under section 37B below.”

          (4)               In subsection (8)(a) after “(7)(b)” there is inserted “or (c)”.

  3        After that section there is inserted—

       “37A            Guidance

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

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Criminal Justice Bill
Schedule 2 — Charging or release of persons in police detention

    180

 

                    (a)                   for the purpose of enabling custody officers to decide how

persons should be dealt with under section 37(7) above or

37C(2) below, and

                    (b)                   as to the information to be sent to the Director of Public

Prosecutions under section 37B(1) below.

5

              (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) below.

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              (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

15

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.

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       37B            Consultation with the Director of Public Prosecutions

              (1)             Where a person is released on bail under section 37(7)(a) above, an

officer involved in the investigation of the offence shall, as soon as is

practicable, send to the Director of Public Prosecutions such

information as may be specified in guidance under section 37A

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above.

              (2)             The Director of Public Prosecutions shall decide whether there is

sufficient evidence to charge the person with an offence.

              (3)             If he decides that there is sufficient evidence to charge the person

with an offence, he shall decide—

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                    (a)                   whether or not the person should be charged and, if so, the

offence with which he should be charged, and

                    (b)                   whether or not the person should be given a caution and, if

so, the offence in respect of which he should be given a

caution.

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              (4)             The Director of Public Prosecutions shall give written notice of his

decision to an officer involved in the investigation of the offence.

              (5)             If his decision is—

                    (a)                   that there is not sufficient evidence to charge the person with

an offence, or

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                    (b)                   that there is sufficient evidence to charge the person with an

offence but that the person should not be charged with an

offence or given a caution in respect of an offence,

                              a custody officer shall give the person notice in writing that he is not

to be prosecuted.

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Criminal Justice Bill
Schedule 2 — Charging or release of persons in police detention

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              (6)             If the decision of the Director of Public Prosecutions is that the

person should be charged with an offence, or given a caution in

respect of an offence, the person shall be charged or cautioned

accordingly.

              (7)             But if his decision is that the person should be given a caution in

5

respect of the offence and it proves not to be possible to give the

person such a caution, he shall instead be charged with the offence.

              (8)             For the purposes of this section, a person is to be charged with an

offence either—

                    (a)                   when he is in police detention after returning to a police

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station to answer bail or is otherwise in police detention at a

police station, or

                    (b)                   in accordance with section 28 of the Criminal Justice Act 2003.

              (9)             In this section “caution” includes—

                    (a)                   a conditional caution within the meaning of Part 3 of the

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Criminal Justice Act 2003, and

                    (b)                   a warning or reprimand under section 65 of the Crime and

Disorder Act 1998.

       37C            Breach of bail following release under section 37(7)(a)

              (1)             This section applies where—

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                    (a)                   a person released on bail under section 37(7)(a) above or

subsection (2)(b) below is arrested under section 46A below

in respect of that bail, and

                    (b)                   at the time of his detention following that arrest at the police

station mentioned in section 46A(2) below, notice under

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section 37B(4) above has not been given.

              (2)             The person arrested—

                    (a)                   shall be charged, or

                    (b)                   shall be released without charge, either on bail or without

bail.

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              (3)             The decision as to how a person is to be dealt with under subsection

(2) above shall be that of a custody officer.

              (4)             A person released on bail under subsection (2)(b) above shall be

released on bail subject to the same conditions (if any) which applied

immediately before his arrest.

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       37D            Release under section 37(7)(a): further provision

              (1)             Where a person is released on bail under section 37(7)(a) or section

37C(2)(b) above, a custody officer may subsequently appoint a

different time, or a an additional time, at which the person is to

attend at the police station to answer bail.

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              (2)             The custody officer shall give the person notice in writing of the

exercise of the power under subsection (1).

              (3)             The exercise of the power under subsection (1) shall not affect the

conditions (if any) to which bail is subject.

 

 

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Schedule 2 — Charging or release of persons in police detention

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              (4)             Where a person released on bail under section 37(7)(a) or 37C(2)(b)

above returns to a police station to answer bail or is otherwise in

police detention at a police station, he may be kept in police

detention to enable him to be dealt with in accordance with section

37B or 37C above or to enable the power under subsection (1) above

5

to be exercised.

              (5)             If the person is not in a fit state to enable him to be so dealt with or to

enable that power to be exercised, he may be kept in police detention

until he is.

              (6)             Where a person is kept in police detention by virtue of subsection (4)

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or (5) above, section 37(1) to (3) and (7) above (and section 40(8)

below so far as it relates to section 37(1) to (3)) shall not apply to the

offence in connection with which he was released on bail under

section 37(7)(a) or 37C(2)(b) above.”

  4        In section 40 (review of police detention) in subsection (9) after “37(9)” there

15

is inserted “or 37D(6) above”.

  5        In section 46A (power of arrest for failure to answer police bail) after

subsection (1) insert—

              “(1A)                A person who has been released on bail under section 37(7)(a) or

37C(2)(b) above may be arrested without warrant by a constable if

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the constable has reasonable grounds for suspecting that the person

has broken any of the conditions of bail.”

  6       (1)      Section 47 (bail after arrest) is amended as follows.

          (2)      In subsection (1) (release on bail under Part 4 shall be release on bail granted

in accordance with certain provisions of the Bail Act 1976) for “Subject to

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subsection (2) below” there is substituted “Subject to the following

provisions of this section”.

          (3)      In subsection (1A) (bail conditions may be imposed when a person is

released under section 38(1)) after “section”, in the first place where it occurs,

there is inserted “37(7)(a) or section”.

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          (4)      After that subsection there is inserted—

              “(1B)                No application may be made under section 5B of the Bail Act 1976 if

a person is released on bail under section 37(7)(a) or 37C(2)(b) above.

              (1C)                Subsections (1D) to (1F) below apply where a person released on bail

under section 37(7)(a) or 37C(2)(b) above is on bail subject to

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conditions.

              (1D)                The person shall not be entitled to make an application under section

43B of the Magistrates’ Courts Act 1980.

              (1E)                 A magistrates’ court may, on an application by or on behalf of the

person, vary the conditions of bail; and in this subsection “vary” has

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the same meaning as in the Bail Act 1976.

              (1F)                Where a magistrates’ court varies the conditions of bail under

subsection (1E) above, that bail shall not lapse but shall continue

subject to the conditions as so varied.”

 

 

 
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