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Criminal Justice Bill


Criminal Justice Bill
Part 2 — Bail

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           (d)           after subsection (8), there is inserted—

                  “(9)                    In relation to a person who has not attained the age of 18, this

section applies only where—

                        (a)                        the relevant chief officer has been notified by the

Secretary of State that arrangements for the taking of

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samples under this section from persons who have not

attained the age of 18 have been made for the police area

as a whole, or for the particular police station, in which

the person is in police detention; and

                        (b)                        the notice has not been withdrawn.

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                  (10)                    In this section—

                                              “appropriate adult”, in relation to a person who has not

attained the age of 17, means—

                               (a)                              his parent or guardian or, if he is in the care of a

local authority or voluntary organisation, a

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person representing that authority or

organisation; or

                               (b)                              a social worker of a local authority social services

department; or

                               (c)                              if no person falling within paragraph (a) or (b) is

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available, any responsible person aged 18 or

over who is not a police officer or a person

employed by the police;

                                              “relevant chief officer” means—

                               (a)                                                               in relation to a police area, the chief officer of

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police of the police force for that police area; or

                               (b)                              in relation to a police station, the chief officer of

police of the police force for the police area in

which the police station is situated.”

Part 2

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Bail

 13    Grant and conditions of bail

     (1)    In section 3(6) of the 1976 Act (which sets out cases where bail conditions may

be imposed)—

           (a)           the words “to secure that” are omitted,

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           (b)           the words “to secure that” are inserted at the beginning of each of

paragraphs (a) to (e),

           (c)           after paragraph (c) there is inserted—

                        “(ca)                           for his own protection or, if he is a child or young

person, for his own welfare or in his own interests,”,

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           (d)           for “or (c)” there is substituted “, (c) or (ca)”.

     (2)    In section 3A(5) of the 1976 Act (no conditions may be imposed under section

3(4), (5), (6) or (7) unless necessary for certain purposes)—

           (a)           the words “for the purpose of preventing that person from” are

omitted,

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Criminal Justice Bill
Part 2 — Bail

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           (b)           the words “for the purpose of preventing that person from” are inserted

at the beginning of each of paragraphs (a) to (c),

           (c)           after paragraph (c) there is inserted “or

                        (d)                           for that person’s own protection or, if he is a child or

young person, for his own welfare or in his own

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interests.”.

     (3)    In paragraph 8(1) of that Part (no conditions may be imposed under section

3(4) to (7) unless necessary to do so for certain purposes) for the words from

“that it is necessary to do so” onwards there is substituted “that it is necessary

to do so—

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                  (a)                    for the purpose of preventing the occurrence of any of the

events mentioned in paragraph 2(1) of this Part of this Schedule,

or

                  (b)                    for the defendant’s own protection or, if he is a child or young

person, for his own welfare or in his own interests.”.

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     (4)    For paragraph 5 of Part 2 of that Schedule (defendant need not be granted bail

if having been released on bail he has been arrested in pursuance of section 7)

there is substituted—

        “5                The defendant need not be granted bail if—

                    (a)                   having been released on bail in or in connection with the

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proceedings for the offence, he has been arrested in

pursuance of section 7 of this Act; and

                    (b)                   the court is satisfied that there are substantial grounds for

believing that the defendant, if released on bail (whether

subject to conditions or not) would fail to surrender to

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custody, commit an offence on bail or interfere with

witnesses or otherwise obstruct the course of justice (whether

in relation to himself or any other person).”.

 14    Offences committed on bail

     (1)    For paragraph 2A of Part 1 of Schedule 1 to the 1976 Act (defendant need not

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be granted bail where he was on bail on date of offence) there is substituted—

        “2A (1)                               If the defendant falls within this paragraph he 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 grant bail

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(disregarding other considerations).

                       (2)                The defendant falls within this paragraph if—

                    (a)                   he is aged 18 or over, and

                    (b)                   it appears to the court that he was on bail in criminal

proceedings on the date of the offence.”

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     (2)    After paragraph 9 of that Part there is inserted—

        “9AA               (1)                This paragraph applies if the defendant—

                    (a)                   is under the age of 18, and

                    (b)                   it appears to the court that he was on bail in criminal

proceedings on the date of the offence.

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                       (2)                In deciding for the purposes of paragraph 2(1) of this Part of this

Schedule whether it is satisfied that there are substantial grounds for

 

 

Criminal Justice Bill
Part 2 — Bail

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believing that the defendant, if released on bail (whether subject to

conditions or not), would commit an offence while on bail, the court

shall give particular weight to the fact that the defendant was on bail

in criminal proceedings on the date of the offence.”

 15    Absconding by persons released on bail

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     (1)    For paragraph 6 of Part 1 of Schedule 1 to the 1976 Act (defendant need not be

granted bail if having been released on bail he has been arrested in pursuance

of section 7) there is substituted—

                       “6 (1)                If the defendant falls within this paragraph, he may not be granted

bail unless the court is satisfied that there is no significant risk that,

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if released on bail (whether subject to conditions or not), he would

fail to surrender to custody; but this does not require the court, if so

satisfied, to grant bail (disregarding other considerations).

                       (2)                Subject to sub-paragraph (3) below, the defendant falls within this

paragraph if—

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                      (a)                        he is aged 18 or over, and

                      (b)                        it appears to the court that, having been released on bail in

or in connection with the proceedings for the offence, he

failed to surrender to custody.

                       (3)                Where it appears to the court that the defendant had reasonable

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cause for his failure to surrender to custody, he does not fall within

this paragraph unless it also appears to the court that he failed to

surrender to custody at the appointed place as soon as reasonably

practicable after the appointed time.

                       (4)                For the purposes of sub-paragraph (3) above, a failure to give to the

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defendant a copy of the record of the decision to grant him bail shall

not constitute a reasonable cause for his failure to surrender to

custody.”

     (2)    In section 6 of the 1976 Act (offence of absconding by person released on bail)

after subsection (9) there is inserted—

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           “(10)              Section 127 of the Magistrates’ Courts Act 1980 shall not apply in

relation to an offence under subsection (1) or (2) above.

           (11)              Where a person has been released on bail in criminal proceedings and

that bail was granted by a constable, a magistrates’ court shall not try

that person for an offence under subsection (1) or (2) above in relation

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to that bail (the “relevant offence”) unless subsection (12) or (13) below

applies.

           (12)              This subsection applies if an information is laid for the relevant offence

within 6 months from the time of the commission of the relevant

offence.

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           (13)              This subsection applies if—

                  (a)                 subsection (12) above does not apply,

                  (b)                 none of the events mentioned in subsection (14) below occurs

during the period mentioned in subsection (12) above, and

                  (c)                 no later than 3 months from the time of the occurrence of the

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first of those events to occur after the end of that period, an

information is laid for the relevant offence.

 

 

Criminal Justice Bill
Part 2 — Bail

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           (14)              Those events are—

                  (a)                 the person surrenders to custody at the appointed place;

                  (b)                 the person is arrested, or attends at a police station, in

connection with the relevant offence or the offence for which he

was granted bail;

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                  (c)                 the person appears or is brought before a court in connection

with the relevant offence or the offence for which he was

granted bail.”

 16    Appeal to Crown Court

     (1)    This section applies where a magistrates’ court grants bail to a person (“the

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person concerned”) on adjourning a case under—

           (a)           section 10 of the Magistrates’ Courts Act 1980 (c. 43) (adjournment of

trial),

           (b)           section 17C of that Act (intention as to plea: adjournment),

           (c)           section 18 of that Act (initial procedure on information against adult for

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offence triable either way),

           (d)           section 24C of that Act (intention as to plea by child or young person:

adjournment),

           (e)           section 52(5) of the Crime and Disorder Act 1998 (adjournment of

proceedings under section 51 etc), or

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           (f)           section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

(remand for medical examination).

     (2)    Subject to the following provisions of this section, the person concerned may

appeal to the Crown Court against any condition of bail falling within

subsection (3).

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     (3)    A condition of bail falls within this subsection if it is a requirement—

           (a)           that the person concerned resides away from a particular place or area

and at a place other than a bail hostel,

           (b)           for the provision of a surety or sureties or the giving of a security,

           (c)           that the person concerned remains indoors between certain hours, or

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           (d)           imposed under section 3(6ZAA) of the 1976 Act (requirements with

respect to electronic monitoring).

     (4)    An appeal under this section may not be brought unless subsection (5) or (6)

applies.

     (5)    This subsection applies if an application to the magistrates’ court under section

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3(8)(a) of the 1976 Act (application by or on behalf of person granted bail) was

made and determined before the appeal was brought.

     (6)    This subsection applies if an application to the magistrates’ court—

           (a)           under section 3(8)(b) of the 1976 Act (application by constable or

prosecutor), or

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           (b)           under section 5B(1) of that Act (application by prosecutor),

            was made and determined before the appeal was brought.

     (7)    On an appeal under this section the Crown Court may vary the conditions of

bail.

     (8)    Where the Crown Court determines an appeal under this section, the person

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concerned may not bring any further appeal under this section in respect of the

 

 

Criminal Justice Bill
Part 2 — Bail

    12

 

conditions of bail unless an application or a further application to the

magistrates’ court under section 3(8)(a) of the 1976 Act is made and

determined after the appeal.

 17    Appeals to High Court

     (1)    In section 22(1) of the Criminal Justice Act 1967 (c. 80) (extension of power of

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High Court to grant, or vary conditions of, bail)—

           (a)           after “Where” there is inserted “(a)”, and

           (b)           after “proceedings,”, in the second place where it occurs, there is

inserted “and

                        (b)                           it does so where an application to the court to state a case

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for the opinion of the High Court is made,”.

     (2)    The inherent power of the High Court to entertain an application in relation to

bail where a magistrates’ court—

           (a)           has granted or withheld bail, or

           (b)           has varied the conditions of bail,

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            is abolished.

     (3)    The inherent power of the High Court to entertain an application in relation to

bail where the Crown Court has determined—

           (a)           an application under section 3(8) of the 1976 Act, or

           (b)           an application under section 81(1)(a), (b), (c) or (g) of the Supreme

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Court Act 1981 (c. 54),

            is abolished.

     (4)    The High Court is to have no power to entertain an application in relation to

bail where the Crown Court has determined an appeal under section 16 of this

Act.

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     (5)    The High Court is to have no power to entertain an application in relation to

bail where the Crown Court—

           (a)           has granted or withheld bail, or

           (b)           has varied the conditions of bail,

            under section 81 or 82 of this Act.

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     (6)    Nothing in this section affects—

           (a)           any other power of the High Court to grant or withhold bail or to vary

the conditions of bail, or

           (b)           any right of a person to apply for a writ of habeas corpus or any other

prerogative remedy.

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     (7)    Any reference in this section to an application in relation to bail is to be read as

including—

           (a)           an application for bail to be granted,

           (b)           an application for bail to be withheld, or

           (c)           an application for the conditions of bail to be varied.

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     (8)    Any reference in this section to the withholding of bail is to be read as

including a reference to the revocation of bail.

 

 

 
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