[AS AMENDED IN COMMITTEE]
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:—
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
(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
In section 16 of the 1984 Act (execution of warrants), after subsection (2) there
“(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
(b) the seizure of anything to which the warrant relates.
(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.
(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—
“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—
“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
(2) For subsection (1) there is substituted—
“(1) Subsection (1A) applies where a person is, at any place other than a
(a) arrested by a constable for an offence, or
(b) taken into custody by a constable after being arrested for an
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).”
(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
(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
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.
(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
(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
before he arrives at a police station.
(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
(5) The police station which the person is required to attend may be any
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—
(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
(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
(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
(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
(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—
(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
(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—
(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
(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.
(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
(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
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
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)”,
(b) in subsection (6A), after the definition of “local authority
accommodation” there is inserted—
““minimum age” means the age specified in section 63B(3)
(3) In section 63B (testing for presence of Class A drugs)—
(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
information under subsection (5) above; and
(c) the taking of the sample,
may not take place except in the presence of an appropriate
(c) 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
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.
(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
person representing that authority or
(b) a social worker of a local authority social services
(c) if no person falling within paragraph (a) or (b) is
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
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.”
6 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
“(b) an offence for which he is under arrest is an arrestable offence;
7 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
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
(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—
(a) he is detained in consequence of his arrest for a recordable
(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
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
“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)”.
(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
(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
arrest for a recordable offence.
(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.”
(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
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
subsections (1) to (7C) there is substituted—
“(1) In this section, “code” means a code of practice under section 60, 60A or
(2) The Secretary of State may at any time revise the whole or any part of a
(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
(4) Before issuing a code, or any revision of a code, the Secretary of State
(a) persons whom he considers to represent the interests of police
(b) persons whom he considers to represent the interests of chief
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.
(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
(7) An order bringing a code into operation may not be made unless a draft
of the order has been laid before Parliament and approved by a
resolution of each House.