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Criminal Justice Bill


Criminal Justice Bill
Schedule 33 — Criminal record certificates: amendments of Part 5 of Police Act 1997

401

 

(7)   

Any notice under this section that is required to be given in writing

may be given by being transmitted electronically.

(8)   

This section does not apply where—

(a)   

the Secretary of State is satisfied, in the case of a registered

person other than a body, that the person has died or is

5

incapable, by reason of physical or mental impairment, of

countersigning applications under this Part, or

(b)   

the registered person has requested to be removed from the

register.

(9)   

The Secretary of State may by regulations amend subsection (4)(a) by

10

substituting for the period there specified, such other period as may

be specified in the regulations.”

10         

After section 122 there is inserted—

“122A Delegation of functions of Secretary of State

(1)   

The Secretary of State may, to such extent and subject to such

15

conditions as he thinks fit, delegate any relevant function of his

under this Part to such person as he may determine.

(2)   

A function is relevant for the purposes of subsection (1) if it does not

consist of a power—

(a)   

to make regulations, or

20

(b)   

to publish or revise a code of practice or to lay any such code

before Parliament.

(3)   

A delegation under subsection (1) may be varied or revoked at any

time.”

11         

After section 124 (offences: disclosure) there is inserted—

25

“124A   

Further offences: disclosure of information obtained in connection

with delegated function

(1)   

Any person who is engaged in the discharge of functions conferred

by this Part on the Secretary of State commits an offence if he

discloses information which has been obtained by him in connection

30

with those functions and which relates to a particular person unless

he discloses the information, in the course of his duties,—

(a)   

to another person engaged in the discharge of those

functions,

(b)   

to the chief officer of a police force in connection with a

35

request under this Part to provide information to the

Secretary of State, or

(c)   

to an applicant or registered person who is entitled under this

Part to the information disclosed to him.

(2)   

Where information is disclosed to a person and the disclosure—

40

(a)   

is an offence under subsection (1), or

(b)   

would be an offence under subsection (1) but for subsection

(3)(a), (d) or (e),

   

the person to whom the information is disclosed commits an offence

if he discloses it to any other person.

45

 

 

Criminal Justice Bill
Schedule 34 — Further minor and consequential amendments
Part 1 — Bail

402

 

(3)   

Subsection (1) does not apply to a disclosure of information which is

made—

(a)   

with the written consent of the person to whom the

information relates,

(b)   

to a government department,

5

(c)   

to a person appointed to an office by virtue of any enactment,

(d)   

in accordance with an obligation to provide information

under or by virtue of any enactment, or

(e)   

for some other purpose specified in regulations made by the

Secretary of State.

10

(4)   

A person who is guilty of an offence under this section shall be liable

on summary conviction to imprisonment for a term not exceeding 51

weeks or to a fine not exceeding level 3 on the standard scale, or to

both.

(5)   

In relation to an offence committed before the commencement of

15

section 253(5) of the Criminal Justice Act 2003, the reference in

subsection (4) to 51 weeks is to be read as a reference to 6 months.”

12         

In section 125 (regulations)—

(a)   

subsection (3) is omitted, and

(b)   

in subsection (4), the words “to which subsection (3) does not apply”

20

are omitted.

Schedule 34

Section 303

 

Further minor and consequential amendments

Part 1

Bail

25

Bail Act 1976 (c. 63)

1          

The Bail Act 1976 is amended as follows.

2     (1)  

Section 5(6A)(a) (supplementary provisions about decisions on bail) is

amended as follows.

      (2)  

After “examination)” there is inserted “, section 52(5) of the Crime and

30

Disorder Act 1998 (adjournment of proceedings under section 51 etc)”.

      (3)  

After sub-paragraph (ii) there is inserted—

“(iia)   

section 17C (intention as to plea:

adjournment), or”.

      (4)  

After sub-paragraph (iii) there is inserted “or

35

(iiia)   

section 24C (intention as to plea by child or

young person: adjournment),”.

3          

In Part 3 of Schedule 1 (interpretation) for paragraph 2 there is substituted—

“2         

References in this Schedule to previous grants of bail include—

(a)   

bail granted before the coming into force of this Act;

40

 

 

Criminal Justice Bill
Schedule 34 — Further minor and consequential amendments
Part 2 — Charging etc

403

 

(b)   

as respects the reference in paragraph 2A of Part 1 of this

Schedule (as substituted by section 14(1) of the Criminal

Justice Act 2003), bail granted before the coming into force

of that paragraph;

(c)   

as respects the references in paragraph 6 of Part 1 of this

5

Schedule (as substituted by section 15(1) of the Criminal

Justice Act 2003), bail granted before the coming into force

of that paragraph;

(d)   

as respects the references in paragraph 9AA of Part 1 of

this Schedule, bail granted before the coming into force of

10

that paragraph;

(e)   

as respects the references in paragraph 9AB of Part 1 of this

Schedule, bail granted before the coming into force of that

paragraph;

(f)   

as respects the reference in paragraph 5 of Part 2 of this

15

Schedule (as substituted by section 13(4) of the Criminal

Justice Act 2003), bail granted before the coming into force

of that paragraph.”

Supreme Court Act 1981 (c. 54)

4     (1)  

Section 81 of the Supreme Court Act 1981 (bail) is amended as follows.

20

      (2)  

In subsection (1)(g) after “examination)” there is inserted “, section 52(5) of

the Crime and Disorder Act 1998 (adjournment of proceedings under section

51 etc)”.

      (3)  

In subsection (1)(g) the word “or” at the end of sub-paragraph (ii) is omitted

and after that sub-paragraph there is inserted—

25

“(iia)   

section 17C (intention as to plea: adjournment);”.

      (4)  

In subsection (1)(g) after sub-paragraph (iii) there is inserted “or

(iiia)   

section 24C (intention as to plea by child or young

person: adjournment);”.

Police and Criminal Evidence Act 1984 (c. 60)

30

5          

In section 38(2A) of the Police and Criminal Evidence Act 1984 (bail granted

by custody officer after charge)—

(a)   

for “2” there is substituted “2(1)”, and

(b)   

after “1976” there is inserted “(disregarding paragraph 2(2) of that

Part)”.

35

Part 2

Charging etc

Criminal Law Act 1977 (c. 45)

6          

In section 39 of the Criminal Law Act 1977 (service of summons and citation

throughout United Kingdom) for subsection (1) there is substituted—

40

“(1)   

The following documents, namely—

(a)   

a summons requiring a person charged with an offence to

appear before a court in England or Wales,

 

 

Criminal Justice Bill
Schedule 34 — Further minor and consequential amendments
Part 2 — Charging etc

404

 

(b)   

a written charge (within the meaning of section 29 of the

Criminal Justice Act 2003) charging a person with an offence,

(c)   

a requisition (within the meaning of that section) requiring a

person charged with an offence to appear before a court in

England or Wales, and

5

(d)   

any other document which, by virtue of any enactment, may

or must be served on a person with, or at the same time as, a

document mentioned in paragraph (a), (b) or (c) above,

   

may, in such manner as may be prescribed by rules of court, be

served on him in Scotland or Northern Ireland.”

10

Magistrates’ Courts Act 1980 (c. 43)

7          

The Magistrates’ Courts Act 1980 is amended as follows.

8     (1)  

Section 1 (issue of summons to accused or warrant for his arrest) is amended

as follows.

      (2)  

In subsection (3) after “section” there is inserted “upon an information being

15

laid”.

      (3)  

In subsection (4) after “summons” there is inserted “, or a written charge and

requisition,”.

      (4)  

In subsection (6) after “has” there is inserted “, or a written charge and

requisition have,”.

20

      (5)  

After subsection (6) there is inserted—

“(6A)   

Where the offence charged is an indictable offence and a written

charge and requisition have previously been issued, a warrant may

be issued under this section by a justice of the peace upon a copy of

the written charge (rather than an information) being laid before the

25

justice by a public prosecutor.”

      (6)  

After subsection (7) there is inserted—

“(7A)   

For the purposes of subsection (6A) above, a copy of a written charge

may be laid before, and a warrant under this section may be issued

by, a single justice of the peace.”

30

9          

In section 150(1) (interpretation of other terms) after the definition of

“prescribed” there is inserted—

           

“public prosecutor”, “requisition” and “written charge” have the same

meaning as in section 29 of the Criminal Justice Act 2003;”.

Prosecution of Offences Act 1985 (c. 23)

35

10    (1)  

Section 15 of the Prosecution of Offences Act 1985 (interpretation) is

amended as follows.

      (2)  

In subsection (1) after the definition of “public authority” there is inserted—

““public prosecutor”, “requisition” and “written charge” have the

same meaning as in section 29 of the Criminal Justice Act 2003;”.

40

      (3)  

In subsection (2), after paragraph (b) there is inserted—

“(ba)   

where a public prosecutor issues a written charge and

requisition for the offence, when the written charge and

requisition are issued;”.

 

 

Criminal Justice Bill
Schedule 34 — Further minor and consequential amendments
Part 2 — Charging etc

405

 

Criminal Justice and Public Order Act 1994 (c. 33)

11    (1)  

Section 51 of the Criminal Justice and Public Order Act 1994 (intimidation,

etc, of witnesses, jurors and others) is amended as follows.

      (2)  

In subsection (9), for the word “and” at the end of the definition of

“potential” there is substituted—

5

   

““public prosecutor”, “requisition” and “written charge” have

the same meaning as in section 29 of the Criminal Justice Act

2003;”

      (3)  

In subsection (10)(a), after sub-paragraph (i) there is inserted—

“(ia)   

when a public prosecutor issues a written charge and

10

requisition in respect of the offence;”.

Drug Trafficking Act 1994 (c. 37)

12    (1)  

Section 60 of the Drug Trafficking Act 1994 (prosecution by order of

Commissioners of Customs and Excise) is amended as follows.

      (2)  

In subsection (6) for the word “and” at the end of the definition of “officer”

15

there is substituted—

   

““public prosecutor”, “requisition” and “written charge” have

the same meaning as in section 29 of the Criminal Justice Act

2003;”.

      (3)  

In subsection (6A), after paragraph (a) there is inserted—

20

“(aa)   

when a public prosecutor issues a written charge and

requisition in respect of the offence;”.

Merchant Shipping Act 1995 (c. 21)

13    (1)  

Section 145 of the Merchant Shipping Act 1995 (interpretation of section 144)

is amended as follows.

25

      (2)  

In subsection (2)(a), after sub-paragraph (i) there is inserted—

“(ia)   

when a public prosecutor issues a written charge and

requisition in respect of the offence;”.

      (3)  

After subsection (2) there is inserted—

“(2A)   

In subsection (2) above “public prosecutor”, “requisition” and

30

“written charge” have the same meaning as in section 29 of the

Criminal Justice Act 2003.”

Terrorism Act 2000 (c. 11)

14    (1)  

Paragraph 11 of Schedule 4 to the Terrorism Act 2000 (proceedings for an

offence: timing) is amended as follows.

35

      (2)  

In sub-paragraph (1), after paragraph (a) there is inserted—

“(aa)   

when a public prosecutor issues a written charge and

requisition in respect of the offence;”.

      (3)  

After sub-paragraph (2) there is inserted—

“(2A)      

In sub-paragraph (1) “public prosecutor”, “requisition” and

40

“written charge” have the same meaning as in section 29 of the

Criminal Justice Act 2003.”

 

 

Criminal Justice Bill
Schedule 34 — Further minor and consequential amendments
Part 2 — Charging etc

406

 

Proceeds of Crime Act 2002 (c. 29)

15    (1)  

Section 85 of the Proceeds of Crime Act 2002 (proceedings) is amended as

follows.

      (2)  

In subsection (1), after paragraph (a) there is inserted—

“(aa)   

when a public prosecutor issues a written charge and

5

requisition in respect of the offence;”.

      (3)  

After subsection (8) there is inserted—

“(9)   

In this section “public prosecutor”, “requisition” and “written

charge” have the same meaning as in section 29 of the Criminal

Justice Act 2003.”

10

Crime (International Co-operation) Act 2003

16         

After section 4 of the Crime (International Co-operation) Act 2003 there is

inserted—

“4A     

General requirements for service of written charge or requisition

(1)   

This section applies to the following documents issued for the

15

purposes of criminal proceedings in England and Wales by a

prosecutor—

(a)   

a written charge (within the meaning of section 29 of the

Criminal Justice Act 2003),

(b)   

a requisition  (within the meaning of that section).

20

(2)   

The written charge or requisition may be issued in spite of the fact

that the person on whom it is to be served is outside the United

Kingdom.

(3)   

Where the written charge or requisition is to be served outside the

United Kingdom and the prosecutor believes that the person on

25

whom it is to be served does not understand English, the written

charge or requisition must be accompanied by a translation of it in an

appropriate language.

(4)   

A written charge or requisition served outside the United Kingdom

must be accompanied by a notice giving any information required to

30

be given by rules of court.

(5)   

If a requisition is served outside the United Kingdom, no obligation

under the law of England and Wales to comply with the requisition

is imposed by virtue of the service.

(6)   

Accordingly, failure to comply with the requisition is not a ground

35

for issuing a warrant to secure the attendance of the person in

question.

(7)   

But the requisition may subsequently be served on the person in

question in the United Kingdom (with the usual consequences for

non-compliance).

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Revised 13 November 2003