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Criminal Justice Bill


Criminal Justice Bill
Part 2 — Bail

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                           (a)                          he is aged 18 or over;

                           (b)                          a sample taken—

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

Evidence Act 1984 (testing for presence of

Class A drugs) in connection with the offence;

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or

                                 (ii)                               under section 143 of the Criminal Justice Act

2003 (drug testing after conviction of an

offence but before sentence),

                                                        has revealed the presence in his body of a specified

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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

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

substantial grounds for believing—

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                                 (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

motivated wholly or partly by his intended

misuse of such a drug; and

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                           (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

been, and continues to be, satisfied.

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

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of the sample—

                           (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

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agree to participate in it.

                                    (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

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

                           (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—

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                           (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 defendant

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would reside if granted bail; and

                           (b)                          the notice has not been withdrawn.”,

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

 

 

Criminal Justice Bill
Part 3 — Conditional cautions

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 19    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

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—

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                       “(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—

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

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

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paragraph;

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

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

paragraph;

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

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

Schedule or paragraph 6A does not apply by virtue of

paragraph 6C of this Part of this Schedule.”

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

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

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

paragraph 2A(1), 6(1) or 6A,”.

 20    Interpretation of Part 2

In this Part—

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

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Act),

                      “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

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Conditional cautions

 21    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 22 is satisfied.

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

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

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)           facilitating the rehabilitation of the offender,

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

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

           (a)           a constable,

 

 

Criminal Justice Bill
Part 3 — Conditional cautions

    17

 

           (b)           an investigating officer, or

           (c)           a person authorised by a relevant prosecutor for the purposes of this

section.

 22    The five requirements

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

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offender has committed an offence.

     (2)    The second requirement is that a relevant prosecutor decides—

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

and

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

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the offence.

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

he committed the offence.

     (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

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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—

           (a)           details of the offence,

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

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

           (d)           the conditions attached to the caution.

 23    Failure to comply with conditions

     (1)    If the offender fails, without reasonable excuse, to comply with any of the

conditions attached to the conditional caution, criminal proceedings may be

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instituted against the person for the offence in question.

     (2)    The document mentioned in section 22(5) is to be admissible in such

proceedings.

     (3)    Where such proceedings are instituted, the conditional caution is to cease to

have effect.

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 24    Code of practice

     (1)    The Secretary of State must prepare a code of practice in relation to conditional

cautions.

     (2)    The code may, in particular, include provision as to—

           (a)           the circumstances in which conditional cautions may be given,

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           (b)           the procedure to be followed in connection with the giving of such

cautions,

           (c)           the conditions which may be attached to such cautions and the time for

which they may have effect,

           (d)           the category of constable or investigating officer by whom such

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cautions may be given,

 

 

Criminal Justice Bill
Part 4 — Charging etc

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           (e)           the persons who may be authorised by a relevant prosecutor for the

purposes of section 21,

           (f)           the form which such cautions are to take and the manner in which they

are to be given and recorded,

           (g)           the places where such cautions may be given, and

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           (h)           the monitoring of compliance with conditions attached to such

cautions.

     (3)    After preparing a draft of the code the Secretary of State—

           (a)           must publish the draft,

           (b)           must consider any representations made to him about the draft, and

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           (c)           may amend the draft accordingly,

            but he may not publish or amend the draft without the consent of the Attorney

General.

     (4)    After the Secretary of State has proceeded under subsection (3) he must lay the

code before each House of Parliament.

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     (5)    When he has done so he may bring the code into force by order.

     (6)    The Secretary of State may from time to time revise a code of practice brought

into force under this section.

     (7)    Subsections (3) to (6) are to apply (with appropriate modifications) to a revised

code as they apply to an original code.

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 25    Interpretation of Part 3

In this Part—

                      “authorised person” has the meaning given by section 21(4),

                      “conditional caution” has the meaning given by section 21(2),

                      “investigating officer” means a person designated as an investigating

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officer under section 38 of the Police Reform Act 2002 (c. 30),

                      “the offender” has the meaning given by section 21(1),

                      “relevant prosecutor” means—

                  (a)                 the Director of the Serious Fraud Office,

                  (b)                 the Director of Public Prosecutions,

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                  (c)                 a Secretary of State,

                  (d)                 the Commissioners of Inland Revenue,

                  (e)                 the Commissioners of Customs and Excise, or

                  (f)                 a person who is specified in an order made by the Secretary of

State as being a relevant prosecutor for the purposes of this Part.

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Part 4

Charging etc

 26    Charging or release of persons in police detention

Schedule 2 (which makes provision in relation to the charging or release of

persons in police detention) shall have effect.

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Revised 17 October 2003