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Criminal Justice Bill


Criminal Justice Bill
Part 13 — General

187

 

308     

Commencement

(1)   

The following provisions of this Act come into force on the passing of this

Act—

   

section 140(1) and (2),

   

section 155(8),

5

   

section 279,

   

section 302,

   

section 305(1) to (5),

   

sections 306 and 307,

   

this section and sections 309, 310 and 311, and

10

 the repeal in Part 9 of Schedule 35 of section 81(2) and (3) of the

Countryside and Rights of Way Act 2000 (c. 37) (and section 304 so far

as relating to that repeal), and

paragraphs 1 and 6 of Schedule 36 (and section 305(6) so far as relating to

those paragraphs).

15

(2)   

The following provisions of this Act come into force at the end of the period of

two weeks beginning with the day on which this Act is passed—

   

Chapter 7 of Part 11;

   

section 274(b)(i) and (ii);

   

paragraphs 42, 43(3), 66, 83(1) to (3), 84 and 108(2), (3)(b), (4) and (5) of

20

Schedule 30 (and section 275 so far as relating to those provisions);

   

Part 8 of Schedule 35 (and section 304 so far as relating to that Part of that

Schedule).

(3)   

The remaining provisions of this Act come into force in accordance with

provision made by the Secretary of State by order.

25

(4)   

Different provision may be made for different purposes and different areas.

309     

Extent

(1)   

Subject to the following provisions of this section and to section 310, this Act

extends to England and Wales only.

(2)   

The following provisions extend also to Scotland and Northern Ireland—

30

   

sections 59 and 60;

   

sections 70 and 71;

   

section 152 and Schedule 8;

   

section 160 and Schedule 10;

   

section 166 and Schedule 12;

35

   

section 265;

   

section 278

   

section 279;

   

section 283;

   

this Part, except sections 303, 304 and 306(5);

40

   

paragraphs 19, 63 and 64 of Schedule 3;

   

paragraph 12(3) of Schedule 11;

   

paragraphs 3, 6, 7 and 8 of Schedule 26;

   

paragraphs 6 to 8 of Schedule 29.

 

 

Criminal Justice Bill
Part 13 — General

188

 

(3)   

The following provisions extend also to Scotland—

   

section 49(12);

   

section 258;

   

sections 259, 260, and 263;

   

section 273;

5

   

paragraph 2 of Schedule 22;

   

paragraphs 1, 2 and 5 of Schedule 26;

   

paragraph 7 of Schedule 36.

(4)   

Section 262 extends to Scotland only.

(5)   

The following provisions extend also to Northern Ireland—

10

   

Part 5;

   

Part 7;

   

sections 63 to 69;

   

sections 72 to 81;

   

sections 83 to 85;

15

   

section 287;

   

Schedule 4.

(6)   

The following provisions extend to Northern Ireland only—

   

section 264 and Schedule 28;

   

sections 268 and 269;

20

   

section 286;

   

section 289;

   

section 306(5).

(7)   

The amendment or repeal of any enactment by any provision of—

(a)   

Part 1,

25

(b)   

section 257,

(c)   

Part 2 of Schedule 3

(d)   

Schedule 26,

(e)   

Schedule 27,

(f)   

Part 1 of Schedule 30,

30

(g)   

Parts 1 to 4 and 6 of Schedule 34, and

(h)   

Parts 1 to 3, 6 to 8, 10 and 12 of Schedule 35,

   

extends to the part or parts of the United Kingdom to which the enactment

extends.

(8)   

The provisions mentioned in subsection (9), so far as relating to proceedings

35

before a particular service court, have the same extent as the Act under which

the court is constituted.

(9)   

Those provisions are—

   

section 97 and Schedule 5;

   

section 107 and Schedule 6.

40

(10)   

Nothing in subsection (1) affects the extent of Chapter 7 of Part 11 so far as

relating to sentences passed by a court-martial.

(11)   

Any provision of this Act which—

(a)   

relates to any enactment contained in—

 

 

Criminal Justice Bill
Part 13 — General

189

 

(i)   

the Army Act 1955 (3 & 4 Eliz. 2 c. 18),

(ii)   

the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19),

(iii)   

the Naval Discipline Act 1957 (c. 53),

(iv)   

the Courts-Martial (Appeals) Act 1968 (c. 20),

(v)   

the Armed Forces Act 1976 (c. 52),

5

(vi)   

section 113 of the Police and Criminal Evidence Act 1984 (c. 60),

(vii)   

the Reserve Forces Act 1996 (c. 14), or

(viii)   

the Armed Forces Act 2001 (c. 19), and

(b)   

is not itself contained in Schedule 24 or Part 9 of Schedule 35,

   

has the same extent as the enactment to which it relates.

10

310     

Channel Islands and Isle of Man

(1)   

Subject to subsections (2) and (3), Her Majesty may by Order in Council extend

any provision of this Act, with such modifications as appear to Her Majesty in

Council to be appropriate, to any of the Channel Islands or the Isle of Man.

(2)   

Subsection (1) does not authorise the extension to any place of a provision of

15

this Act so far as the provision amends an enactment that does not itself extend

there and is not itself capable of being extended there in the exercise of a power

conferred on Her Majesty in Council.

(3)   

Subsection (1) does not apply in relation to any provision that extends to the

Channel Islands or the Isle of Man by virtue of any of subsections (8) to (11) of

20

section 309.

(4)   

Subsection (4) of section 302 applies to the power to make an Order in Council

under subsection (1) as it applies to any power of the Secretary of State to make

an order under this Act, but as if references in that subsection to the Minister

making the instrument were references to Her Majesty in Council.

25

311     

Short title

This Act may be cited as the Criminal Justice Act 2003.

 

 

190

Criminal Justice Bill
Schedule 1 — Amendments related to Part 1

 

Schedules

Schedule 1

Section 12

 

Amendments related to Part 1

The 1984 Act

1          

The 1984 Act is amended as follows.

5

2          

In section 18 (entry and search after arrest), for subsection (5) there is

substituted—

“(5)   

A constable may conduct a search under subsection (1)—

(a)   

before the person is taken to a police station or released on

bail under section 30A, and

10

(b)   

without obtaining an authorisation under subsection (4),

   

if the condition in subsection (5A) is satisfied.

(5A)   

The condition is that the presence of the person at a place (other than

a police station) is necessary for the effective investigation of the

offence.”

15

3          

In section 21 (access and copying), at the end there is inserted—

“(9)   

The references to a constable in subsections (1), (2), (3)(a) and (5)

include a person authorised under section 16(2) to accompany a

constable executing a warrant.”

4          

In section 22 (retention), at the end there is inserted—

20

“(7)   

The reference in subsection (1) to anything seized by a constable

includes anything seized by a person authorised under section 16(2)

to accompany a constable executing a warrant.”

5          

In section 34 (limitation on police detention), for subsection (7) there is

substituted—

25

“(7)   

For the purposes of this Part a person who—

(a)   

attends a police station to answer to bail granted under

section 30A,

(b)   

returns to a police station to answer to bail granted under this

Part, or

30

(c)   

is arrested under section 30D or 46A,

   

is to be treated as arrested for an offence and that offence is the

offence in connection with which he was granted bail.”

6          

In section 35(1) (designated police stations), for “section 30(3) and (5) above”

there is substituted “sections 30(3) and (5), 30A(5) and 30D(2)”.

35

 

 

Criminal Justice Bill
Schedule 1 — Amendments related to Part 1

191

 

7          

In section 36 (custody officers at police stations), after subsection (7) there is

inserted—

“(7A)   

Subject to subsection (7B), subsection (7) applies where a person

attends a police station which is not a designated station to answer

to bail granted under section 30A as it applies where a person is

5

taken to such a station.

(7B)   

Where subsection (7) applies because of subsection (7A), the

reference in subsection (7)(b) to the officer who took him to the

station is to be read as a reference to the officer who granted him

bail.”

10

8          

In section 41(2) (calculation of periods of time), after paragraph (c) there is

inserted—

“(ca)   

in the case of a person who attends a police station to answer

to bail granted under section 30A, the time when he arrives at

the police station;”.

15

9          

In section 45A(2)(a) (functions which may be performed by video-

conferencing), after “taken to” there is inserted “, or answering to bail at,”.

10         

In section 47 (bail after arrest)—

(a)   

in subsection (6), after “granted bail” there is inserted “under this

Part”, and

20

(b)   

in subsection (7), after “released on bail” there is inserted “under this

Part”.

Criminal Justice Act 1987 (c. 38)

11         

In section 2 of the Criminal Justice Act 1987 (director’s investigation

powers), after subsection (6) there is inserted—

25

“(6A)   

Where an appropriate person accompanies a constable, he may

exercise the powers conferred by subsection (5) but only in the

company, and under the supervision, of the constable.”

12         

In subsection (7) of that section (meaning of appropriate person), for

“subsection (6) above” there is substituted “this section”.

30

13         

In subsection (8D) of that section (references to evidence obtained by

Director), after “by a constable” there is inserted “or by an appropriate

person”.

Criminal Justice and Police Act 2001 (c. 16)

14         

In section 56 of the Criminal Justice and Police Act 2001 (property seized by

35

constables etc.), after subsection (4) there is inserted—

“(4A)   

Subsection (1)(a) includes property seized on any premises—

(a)   

by a person authorised under section 16(2) of the 1984 Act to

accompany a constable executing a warrant, or

(b)   

by a person accompanying a constable under section 2(6) of

40

the Criminal Justice Act 1987 in the execution of a warrant

under section 2(4) of that Act.”

   

 

 

Criminal Justice Bill
Schedule 1 — Amendments related to Part 1

192

 

Armed Forces Act 2001 (c. 19)

15         

In section 2(9) of the Armed Forces Act 2001 (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

5

(destroying or damaging property).”

Police Reform Act 2002 (c. 30)

16         

Schedule 4 to the Police Reform Act 2002 (powers exercisable by police

civilians) is amended as follows.

17         

In paragraph 17 (access to excluded and special procedure material) after

10

paragraph (b) there is inserted—

“(bb)      

section 15 of that Act (safeguards) shall have effect in relation to

the issue of any warrant under paragraph 12 of that Schedule to

that person as it has effect in relation to the issue of a warrant

under that paragraph to a constable;

15

(bc)       

section 16 of that Act (execution of warrants) shall have effect in

relation to any warrant to enter and search premises that is issued

under paragraph 12 of that Schedule (whether to that person or to

any other person) in respect of premises in the relevant police area

as if references in that section to a constable included references to

20

that person;”.

18         

In paragraph 20 (access and copying in case of things seized by constables)

after “by a constable” there is inserted “or by a person authorised to

accompany him under section 16(2) of that Act”.

19         

After paragraph 24 (extended powers of seizure) there is inserted—

25

“Persons accompanying investigating officers

24A   (1)  

This paragraph applies where a person (“an authorised person”) is

authorised by virtue of section 16(2) of the 1984 Act to accompany

an investigating officer designated for the purposes of paragraph

16 (or 17) in the execution of a warrant.

30

      (2)  

The reference in paragraph 16(h) (or 17(e)) to the seizure of

anything by a designated person in exercise of a particular power

includes a reference to the seizure of anything by the authorised

person in exercise of that power by virtue of section 16(2A) of the

1984 Act.

35

      (3)  

In relation to any such seizure, paragraph 16(h) (or 17(e)) is to be

read as if it provided for the references to a constable and to an

officer in section 21(1) and (2) of the 1984 Act to include references

to the authorised person.

      (4)  

The reference in paragraph 16(i) (or 17(f)) to anything seized by a

40

designated person in exercise of a particular power includes a

reference to anything seized by the authorised person in exercise

of that power by virtue of section 16(2A) of the 1984 Act.

 

 

Criminal Justice Bill
Schedule 2 — Charging or release of persons in police detention

193

 

      (5)  

In relation to anything so seized, paragraph 16(i)(ii) (or 17(f)(ii)) is

to be read as if it provided for—

(a)   

the references to the supervision of a constable in

subsections (3) and (4) of section 21 of the 1984 Act to

include references to the supervision of a person

5

designated for the purposes of paragraph 16 (or paragraph

17), and

(b)   

the reference to a constable in subsection (5) of that section

to include a reference to such a person or an authorised

person accompanying him.

10

      (6)  

Where an authorised person accompanies an investigating officer

who is also designated for the purposes of paragraph 24, the

references in sub-paragraphs (a) and (b) of that paragraph to the

designated person include references to the authorised person.”

20         

In paragraph 34 (powers of escort officer to take arrested person to prison),

15

in sub-paragraph (1)(a), for “subsection (1) of section 30” there is substituted

“subsection (1A) of section 30”.

Schedule 2

Section 28

 

Charging or release of persons in police detention

1          

The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

20

2     (1)  

Section 37 (duties of custody officers before charge) is amended as follows.

      (2)  

In subsection (7) for paragraphs (a) and (b) there is substituted—

“(a)   

shall be released without charge and on bail for the purpose

of enabling the Director of Public Prosecutions to make a

decision under section 37B below,

25

(b)   

shall be released without charge and on bail but not for that

purpose,

(c)   

shall be released without charge and without bail, or

(d)   

shall be charged.”

      (3)  

After that subsection there is inserted—

30

“(7A)   

The decision as to how a person is to be dealt with under subsection

(7) above shall be that of the custody officer.

(7B)   

Where a person is released under subsection (7)(a) above, it shall be

the duty of the custody officer to inform him that he is being released

to enable the Director of Public Prosecutions to make a decision

35

under section 37B below.”

      (4)  

In subsection (8)(a) after “(7)(b)” there is inserted “or (c)”.

3          

After that section there is inserted—

“37A    

Guidance

(1)   

The Director of Public Prosecutions may issue guidance—

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