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Criminal Justice Bill


Criminal Justice Bill
Part 2 — Bail

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           (7A)              An order bringing a revision of a code into operation must be laid

before Parliament if the order has been made without a draft having

been so laid and approved by a resolution of each House.

           (7B)              When an order or draft of an order is laid, the code or revision of a code

to which it relates must also be laid.

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           (7C)              No order or draft of an order may be laid until the consultation

required by subsection (4) has taken place.

           (7D)              An order bringing a code, or a revision of a code, into operation may

include transitional or saving provisions.”

     (2)    Section 113 of the 1984 Act (application of Act to armed forces) is amended as

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follows.

     (3)    After subsection (3) there is inserted—

           “(3A)              In subsections (4) to (10), “code” means a code of practice under

subsection (3).”

     (4)    For subsections (5) to (7) there is substituted—

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

code.

           (6)              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,

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

offender.

           (7)              The Secretary of State must lay a code, or any revision of a code, before

Parliament.”

 11    Amendments related to this Part

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Schedule 1 (which makes amendments related to the provisions of this Part)

has effect.

Part 2

Bail

 12    Grant and conditions of bail

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     (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,

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

paragraphs (a) to (e),

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           (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,”,

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

 

 

Criminal Justice Bill
Part 2 — Bail

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     (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,

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

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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

interests.”.

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     (3)    In paragraph 8(1) of Part 1 of Schedule 1 to the 1976 Act (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—

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

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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.”.

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

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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

proceedings for the offence, he has been arrested in

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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

custody, commit an offence on bail or interfere with

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witnesses or otherwise obstruct the course of justice (whether

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

 13    Offences committed on bail

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

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

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        “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

(disregarding other considerations).

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                       (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.”

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

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        “9AA               (1)                This paragraph applies if—

                    (a)                   the defendant is under the age of 18, and

 

 

Criminal Justice Bill
Part 2 — Bail

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

proceedings on the date of the offence.

                       (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

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

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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.”

 14    Absconding by persons released on bail

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

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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,

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

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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—

                      (a)                        he is aged 18 or over, and

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                      (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

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

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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

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

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not constitute a reasonable cause for his failure to surrender to

custody.”

     (2)    After paragraph 9AA of that Part (inserted by section 13(2)) there is inserted—

        “9AB (1) Subject to sub-paragraph (2) below, this paragraph applies if—

                    (a)                   the defendant is under the age of 18, and

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                    (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.

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

cause for his failure to surrender to custody, this paragraph does not

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apply 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.

                       (3)                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

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

conditions or not), would fail to surrender to custody, the court shall

give particular weight to—

 

 

Criminal Justice Bill
Part 2 — Bail

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                    (a)                   where the defendant did not have reasonable cause for his

failure to surrender to custody, the fact that he failed to

surrender to custody, or

                    (b)                   where he did have reasonable cause for his failure to

surrender to custody, the fact that he failed to surrender to

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custody at the appointed place as soon as reasonably

practicable after the appointed time.

                       (4)                For the purposes of this paragraph, a failure to give to the 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.”

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

after subsection (9) there is inserted—

           “(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

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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

to that bail (the “relevant offence”) unless either or both of subsections

(12) and (13) below applies.

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

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

offence.

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

no later than 3 months from the time of the occurrence of the first of the

events mentioned in subsection (14) below to occur after the

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commission of the relevant offence.

           (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

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was granted bail;

                  (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.”

 15    Appeal to Crown Court

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

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),

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

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 (c. 37) (adjournment

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of proceedings under section 51 etc), or

 

 

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Part 2 — Bail

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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,

           (b)           that the person concerned resides at a particular place other than a bail

hostel,

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

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

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

respect to electronic monitoring), or

           (f)                         that the person concerned makes no contact with another person.

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

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applies.

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

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—

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

prosecutor), or

           (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

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bail.

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

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

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

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determined after the appeal.

 16    Appeals to High Court

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

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

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

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           (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

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

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

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bail where a magistrates’ court—

           (a)           has granted or withheld bail, or

           (b)           has varied the conditions of bail,

            is abolished.

 

 

Criminal Justice Bill
Part 2 — Bail

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     (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

Court Act 1981 (c. 54),

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            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 15 of this

Act.

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

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bail where the Crown Court has granted or withheld bail under section 72 or

73 of this Act.

     (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

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

prerogative remedy.

     (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,

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

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

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

including a reference to the revocation of bail.

 17    Appeal by prosecution

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     (1)    Section 1 of the Bail (Amendment) Act 1993 (c. 26) (prosecution right of appeal)

is amended as follows.

     (2)    For subsection (1) (prosecution may appeal to Crown Court judge against bail

in case of offence punishable by imprisonment for five years or more etc) there

is substituted—

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           “(1)              Where a magistrates’ court grants bail to a person who is charged with,

or convicted of, an offence punishable by imprisonment, the

prosecution may appeal to a judge of the Crown Court against the

granting of bail.”

     (3)    In subsection (10)(a) for “punishable by a term of imprisonment” there is

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substituted “punishable by imprisonment”.

 18    Drug users: restriction on bail

     (1)    The 1976 Act is amended as follows.

     (2)    In section 3 (general provisions), after subsection (6B) there is inserted—

           “(6C)              Subsection (6D) below applies where—

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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

 

 

Criminal Justice Bill
Part 2 — Bail

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the petty sessions area in which it appears to the court that the

person referred to in subsection (6D) would reside if granted

bail; and

                  (b)                 the notice has not been withdrawn.

           (6D)              In the case of a person (“P”)—

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                  (a)                 in relation to whom paragraphs (a) to (c) of paragraph 6B(1) of

Part 1 of Schedule 1 to this Act apply;

                  (b)                 who, after analysis of the sample referred to in paragraph (b) of

that paragraph, has been offered a relevant assessment or, if a

relevant assessment has been carried out, has had relevant

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follow-up proposed to him; and

                  (c)                 who has agreed to undergo the relevant assessment or, as the

case may be, to participate in the relevant follow-up,

                         the court, if it grants bail, shall impose as a condition of bail that P both

undergo the relevant assessment and participate in any relevant

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follow-up proposed to him or, if a relevant assessment has been carried

out, that P participate in the relevant follow-up.

           (6E)              In subsections (6C) and (6D) above—

                  (a)                 “relevant assessment” means an assessment conducted by a

suitably qualified person of whether P is dependent upon or has

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a propensity to misuse any specified Class A drugs;

                  (b)                 “relevant follow-up” means, in a case where the person who

conducted the relevant assessment believes P to have such a

dependency or propensity, such further assessment, and such

assistance or treatment (or both) in connection with the

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dependency or propensity, as the person who conducted the

relevant assessment (or conducts any later assessment)

considers to be appropriate in P’s case,

                         and in paragraph (a) above “Class A drug” and “misuse” have the same

meaning as in the Misuse of Drugs Act 1971, and “specified” (in relation

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to a Class A drug) has the same meaning as in Part 3 of the Criminal

Justice and Court Services Act 2000.

           (6F)              In subsection (6E)(a) above, “suitably qualified person” means a person

who has such qualifications or experience as are from time to time

specified by the Secretary of State for the purposes of this subsection.”

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     (3)    In section 3A(3) (conditions of bail in case of police bail), for “, (6A) and (6B)”

there is substituted “and (6A) to (6F)”.

     (4)    In Schedule 1 (which contains supplementary provisions about bail), in Part 1

(imprisonable offences)—

           (a)           after paragraph 6 there is inserted—

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“Exception applicable to drug users in certain areas

               6A                      Subject to paragraph 6C below, a defendant who falls within

paragraph 6B below 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

45

not); but this does not require the court, if so satisfied, to

grant bail (disregarding other considerations).

               6B                     (1)                      A defendant falls within this paragraph if—

 

 

 
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