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Criminal Justice Bill


Criminal Justice Bill
Part 2 — Bail

15

 

(a)   

after paragraph 6 there is inserted—

“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

5

an offence while on bail (whether subject to conditions or

not).

6B    (1)  

A defendant falls within this paragraph if—

(a)   

he is aged 18 or over;

(b)   

a sample taken—

10

(i)   

under section 63B of the Police and Criminal

Evidence Act 1984 (testing for presence of

Class A drugs) in connection with the offence;

or

(ii)   

under section 133 of the Criminal Justice Act

15

2003 (drug testing after conviction of an

offence but before sentence),

   

has revealed the presence in his body of a specified

Class A drug;

(c)   

either the offence is one under section 5(2) or (3) of the

20

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—

(i)   

that misuse by him of any specified Class A

drug caused or contributed to the offence; or

25

(ii)   

(even if it did not) that the offence was

motivated wholly or partly by his intended

misuse of such a drug; and

(d)   

the condition set out in sub-paragraph (2) below is

satisfied or (if the court is considering on a second or

30

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

of the sample—

(a)   

a relevant assessment has been offered to the

35

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

agree to participate in it.

      (3)  

In this paragraph and paragraph 6C below—

40

(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

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

(c)   

“specified” (in relation to a Class A drug) has the

45

same meaning as in Part 3 of the Criminal Justice and

Court Services Act 2000.

6C         

Paragraph 6A above does not apply unless—

 

 

Criminal Justice Bill
Part 3 — Conditional cautions

16

 

(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

5

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)”.

20      

Supplementary amendments to the Bail Act 1976

(1)   

In Part 1 of Schedule 1 to the 1976 Act (supplementary provisions relating to

10

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—

     “(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

15

unless—

(a)   

where the defendant falls within paragraph 2A, the court

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

paragraph;

(b)   

where the defendant falls within paragraph 6, the court is

20

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

paragraph;

(c)   

where the defendant falls within paragraph 6B, the court is

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

Schedule or paragraph 6A does not apply by virtue of

25

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

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

paragraph 2A(1), 6(1) or 6A,”.

30

21      

Interpretation of Part 2

In this Part—

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

Act),

“bail hostel” has the meaning given by section 2(2) of the 1976 Act,

35

“the 1976 Act” means the Bail Act 1976 (c. 63),

“vary” has the same meaning as in the 1976 Act.

Part 3

Conditional cautions

22      

Conditional cautions

40

(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 23 is satisfied.

 

 

Criminal Justice Bill
Part 3 — Conditional cautions

17

 

(2)   

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

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—

5

(a)   

facilitating the rehabilitation of the offender,

(b)   

ensuring that he makes reparation for the offence.

(4)   

In this Part “authorised person” means—

(a)   

a constable,

(b)   

an investigating officer, or

10

(c)   

a person authorised by a relevant prosecutor for the purposes of this

section.

23      

The five requirements

(1)   

The first requirement is that the authorised person has evidence that the

offender has committed an offence.

15

(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

the offence.

20

(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

any of the conditions attached to the caution may result in his being prosecuted

25

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,

(c)   

his consent to being given the conditional caution, and

30

(d)   

the conditions attached to the caution.

24      

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

instituted against the person for the offence in question.

35

(2)   

The document mentioned in section 23(5) is to be admissible in such

proceedings.

(3)   

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

have effect.

 

 

Criminal Justice Bill
Part 3 — Conditional cautions

18

 

25      

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,

5

(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

10

cautions may be given,

(e)   

the persons who may be authorised by a relevant prosecutor for the

purposes of section 22,

(f)   

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

are to be given and recorded,

15

(g)   

the places where such cautions may be given, and

(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,

20

(b)   

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

(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

25

code before each House of Parliament.

(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

30

code as they apply to an original code.

26      

Assistance of National Probation Service

(1)   

Section 1 of the Criminal Justice and Court Services Act 2000 (c. 43) (purposes

of Chapter 1) is amended as follows.

(2)   

After subsection (1) there is inserted—

35

“(1A)   

This Chapter also has effect for the purposes of providing for—

(a)   

authorised persons to be given assistance in determining

whether conditional cautions should be given and which

conditions to attach to conditional cautions, and

(b)   

the supervision and rehabilitation of persons to whom

40

conditional cautions are given.”

 

 

Criminal Justice Bill
Part 4 — Charging etc

19

 

(3)   

After subsection (3) there is inserted—

“(4)   

In this section “authorised person” and “conditional caution” have the

same meaning as in Part 3 of the Criminal Justice Act 2003.”

27      

Interpretation of Part 3

In this Part—

5

“authorised person” has the meaning given by section 22(4),

“conditional caution” has the meaning given by section 22(2),

“investigating officer” means a person designated as an investigating

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

“the offender” has the meaning given by section 22(1),

10

“relevant prosecutor” means—

(a)   

the Attorney General,

(b)   

the Director of the Serious Fraud Office,

(c)   

the Director of Public Prosecutions,

(d)   

a Secretary of State,

15

(e)   

the Commissioners of Inland Revenue,

(f)   

the Commissioners of Customs and Excise, or

(g)   

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.

Part 4

20

Charging etc

28      

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.

29      

New method of instituting proceedings

25

(1)   

A public prosecutor may institute criminal proceedings against a person by

issuing a document (a “written charge”) which charges the person with an

offence.

(2)   

Where a public prosecutor issues a written charge, it must at the same time

issue a document (a “requisition”) which requires the person to appear before

30

a magistrates’ court to answer the written charge.

(3)   

The written charge and requisition must be served on the person concerned,

and a copy of both must be served on the court named in the requisition.

(4)   

In consequence of subsections (1) to (3), a public prosecutor is not to have the

power to lay an information for the purpose of obtaining the issue of a

35

summons under section 1 of the Magistrates’ Courts Act 1980 (c. 43).

(5)   

In this section “public prosecutor” means—

(a)   

a police force or a person authorised by a police force to institute

criminal proceedings,

(b)   

the Director of the Serious Fraud Office or a person authorised by him

40

to institute criminal proceedings,

 

 

Criminal Justice Bill
Part 4 — Charging etc

20

 

(c)   

the Director of Public Prosecutions or a person authorised by him to

institute criminal proceedings,

(d)   

the Attorney General or a person authorised by him to institute

criminal proceedings,

(e)   

a Secretary of State or a person authorised by a Secretary of State to

5

institute criminal proceedings,

(f)   

the Commissioners of Inland Revenue or a person authorised by them

to institute criminal proceedings,

(g)   

the Commissioners of Customs and Excise or a person authorised by

them to institute criminal proceedings, or

10

(h)   

a person specified in an order made by the Secretary of State for the

purposes of this section or a person authorised by such a person to

institute criminal proceedings.

(6)   

In subsection (5) “police force” has the meaning given by section 3(3) of the

Prosecution of Offences Act 1985 (c. 23).

15

30      

Further provision about new method

(1)   

Rules under section 144 of the Magistrates’ Courts Act 1980 (c. 43) may make—

(a)   

provision as to the form, content, recording, authentication and service

of written charges or requisitions, and

(b)   

such other provision in relation to written charges or requisitions as

20

appears to the Lord Chancellor to be necessary or expedient.

(2)   

Without limiting subsection (1), the provision which may be made by virtue of

that subsection includes provision—

(a)   

which applies (with or without modifications), or which disapplies, the

provision of any enactment relating to the service of documents,

25

(b)   

for or in connection with the issue of further requisitions.

(3)   

Nothing in subsection (1) or (2) is to be taken as affecting the generality of

section 144(1) of that Act.

(4)   

Nothing in section 29 affects—

(a)   

the power of a public prosecutor to lay an information for the purpose

30

of obtaining the issue of a warrant under section 1 of the Magistrates’

Courts Act 1980,

(b)   

the power of a person who is not a public prosecutor to lay an

information for the purpose of obtaining the issue of a summons or

warrant under section 1 of that Act, or

35

(c)   

any power to charge a person with an offence whilst he is in custody.

(5)   

Except where the context otherwise requires, in any enactment contained in an

Act passed before this Act—

(a)   

any reference (however expressed) which is or includes a reference to

an information within the meaning of section 1 of the Magistrates'

40

Courts Act 1980 (c.43) (or to the laying of such an information) is to be

read as including a reference to a written charge (or to the issue of a

written charge),

(b)   

any reference (however expressed) which is or includes a reference to a

summons under section 1 of the Magistrates’ Courts Act 1980 (or to a

45

justice of the peace issuing such a summons) is to be read as including

 

 

Criminal Justice Bill
Part 5 — Disclosure

21

 

a reference to a requisition (or to a public prosecutor issuing a

requisition).

(6)   

Subsection (5) does not apply to section 1 of the Magistrates’ Courts Act 1980.

(7)   

The reference in subsection (5) to an enactment contained in an Act passed

before this Act includes a reference to an enactment contained in that Act as a

5

result of an amendment to that Act made by this Act or by any other Act passed

in the same Session as this Act.

(8)   

In this section “public prosecutor”, “requisition” and “written charge” have the

same meaning as in section 29.

31      

Removal of requirement to substantiate information on oath

10

(1)   

In section 1(3) of the Magistrates’ Courts Act 1980 (c. 43) (warrant may not be

issued unless information substantiated on oath) the words “and substantiated

on oath” are omitted.

(2)   

In section 13 of that Act (non-appearance of defendant: issue of warrant) in

subsection (3)(a) the words “the information has been substantiated on oath

15

and” are omitted.

(3)   

For subsection (3A)(a) of that section there is substituted—

“(a)    

the offence to which the warrant relates is punishable, in the

case of a person who has attained the age of 18, with

imprisonment, or”.

20

Part 5

Disclosure

32      

Initial duty of disclosure by prosecutor

In the Criminal Procedure and Investigations Act 1996 (c. 25) (in this Part

referred to as “the 1996 Act”), in subsection (1)(a) of section 3 (primary

25

disclosure by prosecutor)—

(a)   

for “in the prosecutor’s opinion might undermine” there is substituted

“might reasonably be considered capable of undermining”;

(b)   

after “against the accused” there is inserted “or of assisting the case for

the accused”.

30

33      

Defence disclosure

(1)   

In section 5 of the 1996 Act (compulsory disclosure by accused), after

subsection (5) there is inserted—

“(5A)   

Where there are other accused in the proceedings and the court so

orders, the accused must also give a defence statement to each other

35

accused specified by the court.

(5B)   

The court may make an order under subsection (5A) either of its own

motion or on the application of any party.

(5C)   

A defence statement that has to be given to the court and the prosecutor

(under subsection (5)) must be given during the period which, by virtue

40

of section 12, is the relevant period for this section.

 

 

 
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