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Criminal Justice Bill


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

    1

 

A

Bill

[AS AMENDED IN COMMITTEE]

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

 1     Extension of powers to stop and search

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

(c. 60).

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     (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).”

 2     Warrants to enter and search

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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—

                  (a)                 the execution of the warrant, and

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

 
HL Bill 11153/2
 
 

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     Arrestable offences

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

amended as follows.

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     (2)           After paragraph 2 there is inserted—

“Criminal Justice Act 1925

        2A                An offence under section 36 of the Criminal Justice Act 1925 (untrue

statement for procuring a passport).”

     (3)    After paragraph 6 there is inserted—

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“Misuse of Drugs Act 1971

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

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

(within the meaning of that Act).”

     (4)    After paragraph 17 there is inserted—

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        “17A                An offence under section 174 of the Road Traffic Act 1988 (false

statements and withholding material information).”

 4     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.”

 

 

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

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

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

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

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

it is reasonable to carry out immediately.

           (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.”           

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

section 30A”.

     (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

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

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

before he arrives at a police station.

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

attend a police station.

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           (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

police station.

       30B            Bail under section 30A: notices

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           (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—

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

                  (b)                 the ground on which he was arrested.

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           (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

the time when he is required to attend.

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

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(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

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

different time.

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           (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.

 

 

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

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       30C            Bail under section 30A: supplemental

           (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

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designated police station he must be—

                  (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

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section 30A.

           (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

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

                  (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.

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

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(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

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

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           (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.”

 5     Drug testing for under-eighteens

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     (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—

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

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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

is necessary to enable a sample to be

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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)”,

 

 

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

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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 (8), there is inserted—

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                  “(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

samples under this section from persons who have not

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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.

                  (10)                    In this section—

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                                              “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

person representing that authority or

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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

available, any responsible person aged 18 or

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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

police of the police force for that police area; or

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                               (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.”

 6     Limits on period of detention without charge

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

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

 

 

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

    6

 

is substituted—

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

and”.

 7     Property of detained persons

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

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

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.

 8     Taking fingerprints without consent

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

     (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—

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

offence; and

                  (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

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without the appropriate consent if—

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

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.”

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

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

“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”.

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

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

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

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

 9     Taking non-intimate samples without consent

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     (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—

           “(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

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arrest for a recordable offence.

 

 

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

    7

 

           (2C)              The second is that—

                  (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.”

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

“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

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police on the authority of a court)”.

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

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

 10    Codes of practice

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

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

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

66.

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

code.

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           (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,

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

offender.

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           (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

authorities,

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

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officers of police,

                  (c)                                     the General Council of the Bar,

                  (d)                 the Law Society of England and Wales,

                  (e)                 the Institute of Legal Executives, and

                  (f)                 such other persons as he thinks fit.

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           (5)              A code, or a revision of a code, does not come into operation until the

Secretary of State by order so provides.

           (6)              The power conferred by subsection (5) is exercisable by statutory

instrument.

           (7)              An order bringing a code into operation may not be made unless a draft

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of the order has been laid before Parliament and approved by a

resolution of each House.

 

 

 
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