Policing and Crime Bill (HC Bill 158)

(2) The College may from time to time revise the whole or any part of any
guidance issued under this section.

(3) The College must publish any guidance issued under this section and
any revision of it.

(4) 5Each chief officer of police must have regard to guidance issued under
this section.”

(2) In section 97 of the Criminal Justice and Police Act 2001 (regulations for police
forces about police training etc), in subsection (6)(c)—

(a) omit the “or” at the end of sub-paragraph (ii);

(b) 10after sub-paragraph (iii) insert “or

(iv) a person designated as a community support
volunteer or a policing support volunteer under
section 38 of the Police Reform Act 2002.”

37 Police volunteers: complaints and disciplinary matters

(1) 15In section 12 of the Police Reform Act 2002 (complaints, matters and persons to
which Part 2 of the Act applies), in subsection (7) (what it means to be a person
serving with the police)—

(a) omit the “or” at the end of paragraph (b);

(b) at the end of paragraph (c) insert “; or

(d) 20he is a person designated as a community support
volunteer or a policing support volunteer under section
38.”

(2) In section 87 of the Police Act 1996 (guidance concerning disciplinary
proceedings etc), in subsection (4A)(a) (as inserted by section 30), after sub-
25paragraph (iii) insert—

“(“iv) persons designated as community support volunteers
or policing support volunteers under section 38 of the
Police Reform Act 2002;”.

(3) In section 87A of the Police Act 1996 (guidance concerning conduct etc) (as
30inserted by section 30), in subsection (1)—

(a) omit the “and” at the end of paragraph (b);

(b) at the end of paragraph (c) insert “, and

(d) persons designated as community support volunteers
or policing support volunteers under section 38 of the
35Police Reform Act 2002.”

38 Police volunteers: police barred list and police advisory list

(1) Part 4A of the Police Act 1996 (police barred list and police advisory list) (as
inserted by Schedule 7) is amended as follows.

(2) In section 88C (effect of inclusion in police barred list), at the end insert—

“(9) 40Before designating a person as a community support volunteer or a
policing support volunteer under section 38 of the Police Reform Act
2002, a chief officer of police must check with the College of Policing
whether the person is a barred person.

(10) A chief officer of police may not designate a barred person as a
community support volunteer or a policing support volunteer under
section 38 of the Police Reform Act 2002.”

(3) In section 88I (duty to report resignations and retirements to College of
5Policing)—

(a) in the heading, after “retirements” insert “etc”;

(b) in subsection (1), after paragraph (b) insert—

“(c) the person’s designation as a community support
volunteer or a policing support volunteer under section
1038 of the Police Reform Act 2002 is withdrawn and the
reason, or one of the reasons, for the withdrawal of the
designation relates to conduct, efficiency or
effectiveness;

(d) the person, having been designated as a community
15support volunteer or a policing support volunteer under
section 38 of the Police Reform Act 2002, decides to stop
volunteering as a police volunteer (within the meaning
of that section) after a relevant allegation about the
person comes to the attention of the relevant authority.”;

(c) 20in subsection (4), after paragraph (d) insert—

“(e) in relation to a person falling within subsection (1)(c) or
(d), the chief officer of police by whom the person was
designated.”;

(d) in subsection (6)(b), at the end insert “or (as the case may be) the
25person’s designation as a community support volunteer or a policing
support volunteer being withdrawn if the person had not decided to
stop volunteering”.

(4) In section 88K (effect of inclusion in police advisory list), at the end insert—

“(8) Before designating a person as a community support volunteer or a
30policing support volunteer under section 38 of the Police Reform Act
2002, a chief officer of police must check with the College of Policing
whether the person is included in the police advisory list.”

(5) In section 88L (removal from police advisory list), in subsection (7)—

(a) the words from “a person who,” to the end of the subsection become
35paragraph (a);

(b) after that paragraph insert—

“(b) a person who was designated as a community support
volunteer or a policing support volunteer under section
38 of the Police Reform Act 2002.”

39 40Restrictions on designated persons acting as covert human intelligence
sources

In section 29 of the Regulation of Investigatory Powers Act 2000 (authorisation
of covert human intelligence sources), after subsection (6) insert—

“(6A) An authorisation under this section may not have the effect of
45authorising a covert human intelligence source who is a person
designated under section 38 of the Police Reform Act 2002 to establish
contact in person with another person.”

40 Further amendments consequential on section 35 etc

Schedule 11—

(a) makes further amendments in consequence of the amendments made
by section 35 (see Parts 1 and 2 of that Schedule), and

(b) 5makes minor correcting amendments of the Police Reform Act 2002 (see
Part 3 of that Schedule).

Removal of powers of police to appoint traffic wardens

41 Removal of powers of police in England and Wales to appoint traffic wardens

(1) Sections 95 to 97 of the Road Traffic Regulation Act 1984 (traffic wardens), so
10far as extending to England and Wales, are repealed.

(2) Those sections, so far as extending to Scotland, are amended as follows.

(3) In section 95 (appointment of traffic wardens), omit subsection (1).

(4) In subsection (2) of that section, for “any such functions as are mentioned in
subsection (1) above” substitute “, in aid of the police, functions normally
15undertaken by the police in connection with the control and regulation of, or
the enforcement of the law relating to, traffic (including pedestrians) or
stationary vehicles”.

(5) In subsection (3) of that section, omit “under subsection (1) or”.

(6) In subsection (4) of that section—

(a) 20omit “(whether in England and Wales or in Scotland)”;

(b) for “subsection (1)” substitute “subsection (2)”;

(c) in paragraph (b)—

(i) omit “or (in England and Wales) with the Secretary of State”;

(ii) omit “or, as the case may be, by the Secretary of State”.

(7) 25Omit subsection (4A) of that section.

(8) In section 96 (additional powers of traffic wardens), in subsection (2), omit
paragraphs (a), (b) and (d).

(9) In section 97 (supplementary provisions as to traffic wardens), in subsection
(3), omit, in both places where it occurs, “the Common Council or”.

(10) 30Schedule 12 makes further amendments consequential on the repeal made by
subsection (1).

Police rank structure

42 Power to make regulations about police ranks

After section 50 of the Police Act 1996 insert—

“50A 35Regulations for police forces: ranks

(1) The Secretary of State may by regulations specify the ranks that may be
held by members of police forces, other than chief officers of police.

(2) The ranks must include the rank of constable.

(3) The Secretary of State may by regulations make provision that is
consequential on, or incidental or supplemental to, regulations under
subsection (1).

(4) The power conferred by subsection (3) includes power to—

(a) 5repeal, revoke or otherwise amend legislation that (in relation
to members of police forces in England and Wales) makes
provision with respect to ranks that are not specified in
regulations under subsection (1);

(b) make other amendments of legislation that are consequential on
10regulations under subsection (1).

(5) In subsection (4), “legislation” means any provision of—

(a) an Act (including this Act);

(b) subordinate legislation within the meaning of the Interpretation
Act 1978,

(c) 15an Act of the Scottish Parliament or an instrument made under
such an Act,

(d) a Measure or Act of the National Assembly for Wales or an
instrument made under a Measure or Act of that Assembly, or

(e) Northern Ireland legislation or an instrument made under
20Northern Ireland legislation.

(6) Regulations under this section may include transitional, transitory or
saving provision.

(7) Regulations under this section may make different provision for
different cases or circumstances.

50B 25Regulations under section 50A: procedure

(1) A statutory instrument containing regulations under section 50A may
not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.

(2) If the College of Policing submits to the Secretary of State a draft of
30regulations under section 50A, then (subject to subsection (3)) the
Secretary of State must—

(a) lay before each House of Parliament for approval a draft of a
statutory instrument containing regulations in terms of the
draft prepared by the College of Policing, and

(b) 35if the draft of the statutory instrument is approved by both
Houses of Parliament, make the regulations in those terms.

(3) The duty under subsection (2) does not apply if the Secretary of State
considers—

(a) that it would be unlawful to make regulations in terms of the
40draft,

(b) that it would impair the efficiency of the police to do so, or

(c) that it would for some other reason be wrong to do so.

(4) The Secretary of State may not lay before each House of Parliament for
approval a draft of a statutory instrument containing regulations under
45section 50A unless—

(a) the draft is laid in accordance with the duty under subsection
(2), or

(b) the College of Policing has approved the text of the
regulations.”

43 Section 42: consequential amendments

(1) The Police Act 1996 is amended as follows.

(2) 5Omit—

(a) section 9H (other members of the metropolitan police force);

(b) section 13 (other members of police forces).

(3) Section 50 (regulations for police forces) is amended as follows.

(4) Omit subsection (2)(a).

(5) 10In subsection (2ZA), after “under” insert “section 50A (regulations as to police
ranks) or under”.

(6) In each of subsections (2ZB) and (2ZC), for “subsection (2)(a), (b), (c) or (g)”
substitute “subsection (2)(b), (c) or (g)”.

CHAPTER 2 Representative institutions

44 15Duties of Police Federation for England and Wales in fulfilling its purpose

In section 59 of the Police Act 1996 (Police Federations), after subsection (1)
insert—

“(1A) In fulfilling that purpose, the Police Federation for England and Wales
must—

(a) 20protect the public interest,

(b) maintain high standards of conduct, and

(c) maintain high standards of transparency.”

45 Freedom of Information Act etc: Police Federation for England and Wales

The Police Federation for England and Wales is to be treated for the purposes
25of—

(a) the Freedom of Information Act 2000,

(b) the Data Protection Act 1998, and

(c) section 18 of the Inquiries Act 2005,

as if it were a body listed in Part 5 of Schedule 1 to the 2000 Act (public
30authorities).

46 Removal of references to ACPO

Schedule 13 removes references in legislation to the Association of Chief Police
Officers and replaces most of them with references to the National Police
Chiefs’ Council.

Part 4 Police powers

CHAPTER 1 Pre-charge bail

Release without bail or on bail

47 5Arrest elsewhere than at a police station: release before charge

(1) Section 30A of the Police and Criminal Evidence Act 1984 (release of a person
arrested elsewhere than at police station) is amended as follows.

(2) In the heading for “Bail” substitute “Release of a person arrested”.

(3) In subsection (1)—

(a) 10omit “on bail”, and

(b) at the end insert “—

(a) without bail unless subsection (1A) applies, or

(b) on bail if subsection (1A) applies.”

(4) After subsection (1) insert—

“(1A) 15This subsection applies if—

(a) the constable is satisfied that releasing the person on bail is
necessary and proportionate in all the circumstances (having
regard, in particular, to any conditions of bail which would be
imposed), and

(b) 20a police officer of the rank of inspector or above authorises the
release on bail (having considered any representations made by
the person).”

(5) In subsection (2) omit “on bail”.

48 Section 47: consequential amendments

(1) 25The Police and Criminal Evidence Act 1984 is amended as follows.

(2) In section 18(5)(a) (circumstances in which a search after arrest may be
conducted) omit “on bail”.

(3) In section 30 (arrest elsewhere than at police station)—

(a) in subsection (1B) for “on bail” substitute “of a person arrested
30elsewhere than at police station”,

(b) in subsection (7A) omit the words from “or releasing” to the end, and

(c) in subsections (10) and (11) for “on bail” substitute “under section 30A”.

(4) Section 30B (section 30A: notices) is amended as follows.

(5) In the heading omit “Bail under”.

(6) 35In subsection (1) for “grants bail to” substitute “releases”.

(7) In subsection (2)—

(a) omit the “and” before paragraph (b), and

(b) after paragraph (b) insert “and

(c) whether the person is being released without bail or on
bail”.

(8) 5In subsection (3) for “The notice” substitute “A notice given to a person who is
released on bail”.

(9) In section 30C (section 30A: supplemental)—

(a) in the heading omit “Bail under”, and

(b) in subsection (4) omit “on bail”.

49 10Release from detention at a police station

(1) Section 34 of the Police and Criminal Evidence Act 1984 (limitations on police
detention) is amended as follows.

(2) In subsection (5) for the words from “without” to the end substitute “—

(a) without bail unless subsection (5A) applies, or

(b) 15on bail if subsection (5A) applies.”

(3) After subsection (5) insert—

“(5A) This subsection applies if—

(a) it appears to the custody officer—

(i) that there is need for further investigation of any matter
20in connection with which the person was detained at
any time during the period of the person’s detention, or

(ii) that, in respect of any such matter, proceedings may be
taken against the person or the person may be given a
youth caution under section 66ZA of the Crime and
25Disorder Act 1998, and

(b) the pre-conditions for bail are satisfied.”

(4) Section 37 of the Police and Criminal Evidence Act 1984 (duties of custody
officer before charge) is amended as follows.

(5) In subsection (2) for the words from “either” to the end substitute “—

(00)(a)30without bail unless the pre-conditions for bail are satisfied, or

(b) on bail if those pre-conditions are satisfied,

(subject to subsection (3))”.

(6) In subsection (3) for “so believing” substitute “believing that the person’s
detention without being charged is necessary to secure or preserve evidence
35relating to an offence for which the person is under arrest or to obtain such
evidence by questioning the person”.

(7) In subsection (7) for paragraphs (b) and (c) substitute—

“(b) shall be released without charge and without bail unless the
pre-conditions for bail are satisfied,

(c) 40shall be released without charge and on bail if those pre-
conditions are satisfied but not for the purpose mentioned in
paragraph (a), or”.

(8) In subsection (8A)(b) for “(b)” substitute “(c)”.

50 Release following arrest for breach of bail etc

(1) Section 37CA of the Police and Criminal Evidence Act 1984 (release following
arrest for breach of bail) is amended as follows.

(2) In the heading and subsection (1) for “section 37(7)(b)” substitute “section
537(7)(c)”.

(3) In subsection (2)(b) for the words from “, either” to the end substitute “—

(i) without bail unless the pre-conditions for bail are
satisfied, or

(ii) on bail if those pre-conditions are satisfied.”

(4) 10In subsection (4) at the end insert “(and the reference in section 50A to any
conditions of bail which would be imposed is to be read accordingly)”.

(5) In section 37D(4A) of the Police and Criminal Evidence Act 1984 (power to
keep a person in police detention) for “section 37(7)(b)” substitute “section
37(7)(c)”.

51 15Release from further detention at police station

(1) In section 41(7) of the Police and Criminal Evidence Act 1984 (limits on period
of detention without charge) for the words from “either” to the end substitute
“—

“(a) without bail unless the pre-conditions for bail are satisfied, or

(b) 20on bail if those pre-conditions are satisfied.”

(2) Section 42 of the Police and Criminal Evidence Act 1984 (authorisation of
continued detention) is amended as follows.

(3) In subsection (10)—

(a) omit “, either on bail or without bail”, and

(b) 25for the words from “, unless” to the end substitute “—

(00)(a)without bail unless the pre-conditions for bail are
satisfied, or

(b) on bail if those pre-conditions are satisfied,

(subject to subsection (10A))”.

(4) 30After subsection (10) insert—

“(10A) Subsection (10) does not apply if—

(a) the person has been charged with an offence, or

(b) the person’s continued detention is authorised or otherwise
permitted in accordance with section 43.”

52 35Warrants of further detention: release

(1) Section 43 of the Police and Criminal Evidence Act 1984 (warrants of further
detention) is amended as follows.

(2) In subsection (15) for the words from “, either” to the end substitute “—

(a) without bail unless the pre-conditions for bail are satisfied, or

(b) 40on bail if those pre-conditions are satisfied.”

(3) In subsection (18) for the words from “be released” to the end substitute “,

unless the person is charged, be released from police detention upon or before
the expiry of the warrant—

“(a) without bail unless the pre-conditions for bail are satisfied, or

(b) on bail if those pre-conditions are satisfied.”

(4) 5In section 44(7) of the Police and Criminal Evidence Act 1984 (extension of
warrants of further detention) for the words from “, either” to the end
substitute “—

(a) without bail unless the pre-conditions for bail are satisfied, or

(b) on bail if those pre-conditions are satisfied.”

53 10Meaning of “pre-conditions for bail”

After section 50 of the Police and Criminal Evidence Act 1984 insert—

“50A Interpretation of references to pre-conditions for bail

For the purposes of this Part the following are the pre-conditions for
bail in relation to the release of a person by a custody officer—

(a) 15that the custody officer is satisfied that releasing the person on
bail is necessary and proportionate in all the circumstances
(having regard, in particular, to any conditions of bail which
would be imposed), and

(b) that an officer of the rank of inspector or above authorises the
20release on bail (having considered any representations made by
the person or the person’s legal representative).”

54 Release without bail: fingerprinting and samples

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

(2) In section 61(5A) (fingerprinting of person arrested for a recordable offence) —

(a) 25in paragraph (a) omit “in the case of a person who is on bail,”, and

(b) in paragraph (b) omit “in any case,”.

(3) In section 63(3ZA) (taking of non-intimate sample from person arrested for a
recordable offence)—

(a) in paragraph (a) omit “in the case of a person who is on bail,”, and

(b) 30in paragraph (b) omit “in any case,”.

55 Release under section 24A of the Criminal Justice Act 2003

(1) Section 24A of the Criminal Justice Act 2003 (arrest for failure to comply with
conditions attached to conditional caution) is amended as follows.

(2) In subsection (2) for paragraphs (b) and (c) substitute—

“(b) 35released without charge and without bail (with or without any
variation in the conditions attached to the caution) unless
paragraph (c)(i) and (ii) applies, or

(c) released without charge and on bail if—

(i) the release is to enable a decision to be made as to
40whether the person should be charged with the offence,
and

(ii) the pre-conditions for bail are satisfied.”

(3) In subsections (3)(a) and (4) for “subsection (2)(b)” substitute “subsection
(2)(c)”.

(4) After subsection (8) insert—

“(8A) In subsection (2) the reference to the pre-conditions for bail is to be read
5in accordance with section 50A of the 1984 Act.”

Conditions of bail

56 Bail before charge: conditions of bail etc

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

(2) In section 46A(1A) (power of arrest for failure to answer police bail) for
10“section 37, 37C(2)(b) or 37CA(2)(b) above” substitute “this Part”.

(3) Section 47 (bail after arrest) is amended as follows.

(4) In subsection (1A) for the words from “section 37” to “cases” substitute “this
Part (except sections 37C(2)(b) and 37CA(2)(b))”.

(5) In subsections (1B) and (1C) omit “37,”.

15Time limits on period of bail

57 Limit on period of bail under section 30A

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

(2) Section 30B (section 30A: notices) is amended as follows.

(3) For subsection (4) substitute—

“(4) 20The notice must also specify—

(a) the police station which the person is required to attend, and

(b) the time on the bail end date when the person is required to
attend the police station.”

(4) Omit subsection (4A)(c) and the “and” before it.

(5) 25Omit subsection (5).

(6) In subsection (6) for the words from “(5)” to the end substitute “to attend at a
different time or an additional time”.

(7) After subsection (6) insert—

“(6A) A person may not be required under subsection (6) to attend a police
30station at a time which is after the bail end date in relation to the
person.”

(8) After subsection (7) insert—

“(8) In this section “bail end date”, in relation to a person, means the last day
of the period of 28 days beginning with the day after the day on which
35the person was arrested for the offence in relation to which bail is
granted under section 30A.”