Policing and Crime Bill (HC Bill 158)

(9) In section 30CA (bail under section 30A: variation of conditions by police) omit
subsection (1)(b) and the “or” before it.

(10) In section 30D(3) (meaning of “specified” in section 30D(1)) omit “or (5)”.

58 Limits on period of bail without charge under Part 4 of PACE

5After section 47 of the Police and Criminal Evidence Act 1984 insert—

“47ZA Limits on period of bail without charge

(1) This section applies in relation to the power conferred on a custody
officer, when releasing a person on bail under this Part, to appoint a
time for the person to attend at a police station in accordance with
10section 47(3)(c).

(2) The power must be exercised so as to appoint a time on the day on
which the applicable bail period in relation to the person ends, unless
subsection (3) applies.

(3) This subsection applies where—

(a) 15at the time of the exercise of the power the person is on bail
under this Part in relation to one or more offences other than the
relevant offence, and

(b) the custody officer believes that it is appropriate to align the
person’s attendance in relation to the relevant offence with the
20person’s attendance in relation to the one or more other
offences.

(4) Where subsection (3) applies, the power may be exercised so as to
appoint a time on a day falling before the end of the applicable bail
period in relation to the person.

(5) 25This section is subject to section 47ZL.

(6) In this section references to attendance are to attendance at a police
station in accordance with section 47(3)(c).

(7) In this Part the “relevant offence”, in relation to a person, means the
offence in respect of which the power mentioned in subsection (1) is
30exercised in relation to the person.

47ZB Applicable bail period: initial limit

(1) In this Part the “applicable bail period”, in relation to a person, means—

(a) in an SFO case, the period of 3 months beginning with the
person’s bail start date, or

(b) 35otherwise, the period of 28 days beginning with the person’s
bail start date.

(2) The applicable bail period in relation to a person may be extended
under sections 47ZD to 47ZG or treated as extended under section
47ZJ(3).

(3) 40Subsection (1) and sections 47ZD to 47ZG are subject to sections 47ZL
and 47ZM.

(4) For the purposes of this Part—

(a) a person’s bail start date is the day after the day on which the
person was arrested for the relevant offence,

(b) an “SFO case” is a case in which—

(i) the relevant offence in relation to the person is being
5investigated by the Director of the Serious Fraud Office,
and

(ii) a senior officer confirms that sub-paragraph (i) applies,
and

(c) “senior officer” means a police officer of the rank of
10superintendent or above.

47ZC Applicable bail period: conditions A to D in sections 47ZD to 47ZG

(1) This section applies for the purposes of sections 47ZD to 47ZG.

(2) Condition A is that the decision-maker has reasonable grounds for
suspecting the person in question to be guilty of the relevant offence.

(3) 15Condition B is that the decision-maker has reasonable grounds for
believing—

(a) in a case where the person in question is or is to be released on
bail under section 37(7)(c) or 37CA(2)(b), that further time is
needed for making a decision as to whether to charge the person
20with the relevant offence, or

(b) otherwise, that further investigation is needed of any matter in
connection with the relevant offence.

(4) Condition C is that the decision-maker has reasonable grounds for
believing—

(a) 25in a case where the person in question is or is to be released on
bail under section 37(7)(c) or 37CA(2)(b), that the decision as to
whether to charge the person with the relevant offence is being
made diligently and expeditiously, or

(b) otherwise, that the investigation is being conducted diligently
30and expeditiously.

(5) Condition D is that the decision-maker has reasonable grounds for
believing that the release on bail of the person in question is necessary
and proportionate in all the circumstances (having regard, in
particular, to any conditions of bail which are, or are to be, imposed).

(6) 35In this section “decision-maker” means—

(a) in relation to a condition which falls to be considered by virtue
of section 47ZD, the senior officer in question;

(b) in relation to a condition which falls to be considered by virtue
of section 47ZE, the appropriate decision-maker in question;

(c) 40in relation to a condition which falls to be considered by virtue
of section 47ZF or 47ZG, the court in question.

47ZD Applicable bail period: extension of initial limit in standard cases

(1) This section applies in relation to a person if—

(a) the applicable bail period in relation to a person is the period
45mentioned in section 47ZB(1)(b),

(b) that period has not ended, and

(c) a senior officer is satisfied that conditions A to D are met in
relation to the person.

(2) The senior officer may authorise the applicable bail period in relation
to the person to be extended so that it ends at the end of the period of 3
5months beginning with the person’s bail start date.

(3) Before determining whether to give an authorisation under subsection
(2) in relation to a person, the senior officer must arrange for the person
or the person’s legal representative to be informed that a determination
is to be made.

(4) 10In determining whether to give an authorisation under subsection (2)
in relation to a person, the senior officer must consider any
representations made by the person or the person’s legal
representative.

(5) The senior officer must arrange for the person or the person’s legal
15representative to be informed whether an authorisation under
subsection (2) has been given in relation to the person.

47ZE Applicable bail period: extension of limit in designated cases

(1) This section applies in relation to a person if—

(a) the person’s case is an SFO case, or

(b) 20a senior officer has authorised an extension of the applicable
bail period in relation to the person under section 47ZD.

(2) A qualifying prosecutor may designate the person’s case as being an
exceptionally complex case (a “designated case”).

(3) If an appropriate decision-maker is satisfied that conditions A to D are
25met in relation to the person in a designated case, the decision-maker
may authorise the applicable bail period in relation to the person to be
extended so that it ends at the end of the period of 6 months beginning
with the person’s bail start date.

(4) An appropriate decision-maker is—

(a) 30a member of the Serious Fraud Office who is of the Senior Civil
Service (in an SFO case), or

(b) a qualifying police officer (in any other case).

(5) Before determining whether to give an authorisation under subsection
(3) in relation to a person—

(a) 35the appropriate decision-maker must arrange for the person or
the person’s legal representative to be informed that a
determination is to be made, and

(b) if the appropriate decision-maker is a qualifying police officer,
the officer must consult a qualifying prosecutor.

(6) 40In determining whether to give an authorisation under subsection (3)
in relation to a person, the appropriate decision-maker must consider
any representations made by the person or the person’s legal
representative.

(7) The appropriate decision-maker must arrange for the person or the
45person’s legal representative to be informed whether an authorisation
under subsection (3) has been given in relation to the person.

(8) Any designation under subsection (2) must be made, and any
authorisation under subsection (3) must be given, before the applicable
bail period in relation to the person has ended.

(9) In this section—

• 5“qualifying police officer” means a police officer of the rank of
  commander or assistant chief constable or above, and

• “qualifying prosecutor” means a prosecutor of the description
  designated for the purposes of this section by the Director of the
  Serious Fraud Office or the Director of Public Prosecutions.

47ZF 10Applicable bail period: first extension of limit by court

(1) This section applies in relation to a person if—

(a) the person’s case is an SFO case,

(b) a senior officer has authorised an extension of the applicable
bail period in relation to the person under section 47ZD, or

(c) 15an appropriate decision-maker has authorised an extension of
the applicable bail period in relation to the person under section
47ZE.

(2) Before the applicable bail period in relation to the person ends a
qualifying applicant may apply to a magistrates’ court for it to
20authorise an extension of the applicable bail period in relation to the
person under this section.

(3) If the court is satisfied that—

(a) conditions B to D are met in relation to the person, and

(b) the case does not fall within subsection (7),

25it may authorise the applicable bail period to be extended as specified
in subsection (4).

(4) The applicable bail period is to end—

(a) in a case falling within subsection (1)(a) or (b), at the end of the
period of 6 months beginning with the person’s bail start date;

(b) 30in a case falling within subsection (1)(c), at the end of the period
of 9 months beginning with the person’s bail start date.

(5) If the court is satisfied that—

(a) conditions B to D are met in relation to the person, and

(b) the case falls within subsection (7),

35it may authorise the applicable bail period to be extended as specified
in subsection (6).

(6) The applicable bail period is to end—

(a) in a case falling within subsection (1)(a) or (b), at the end of the
period of 9 months beginning with the person’s bail start date;

(b) 40in a case falling within subsection (1)(c), at the end of the period
of 12 months beginning with the person’s bail start date.

(7) A case falls within this subsection if the nature of the decision or further
investigations mentioned in condition B means that that decision is
unlikely to be made or those investigations completed if the applicable
45bail period in relation to the person is not extended as specified in
subsection (6).

(8) In this section “qualifying applicant” means a constable, a member of
the Serious Fraud Office or a Crown Prosecutor.

47ZG Applicable bail period: subsequent extensions of limit by court

(1) Subsections (2) to (6) apply where a court has authorised an extension
5of the applicable bail period in relation to a person under section 47ZF.

(2) Before the applicable bail period in relation to the person ends a
qualifying applicant may apply to a magistrates’ court for it to
authorise an extension of the applicable bail period in relation to the
person under this section.

(3) 10If the court is satisfied that—

(a) conditions B to D are met in relation to the person, and

(b) the case does not fall within subsection (8),

it may authorise the applicable bail period to be extended as specified
in subsection (4).

(4) 15The applicable bail period is to end at the end of the period of 3 months
beginning with the end of the current applicable bail period in relation
to the person.

(5) If the court is satisfied that—

(a) conditions B to D are met in relation to the person, and

(b) 20the case falls within subsection (8),

it may authorise the applicable bail period to be extended as specified
in subsection (6).

(6) The applicable bail period is to end at the end of the period of 6 months
beginning with the end of the current applicable bail period in relation
25to the person.

(7) Where a court has authorised an extension of the applicable bail period
in relation to a person under subsection (3) or (5), a qualifying applicant
may make further applications under subsection (2) (and subsections
(3) to (6) apply accordingly).

(8) 30A case falls within this subsection if the nature of the decision or further
investigations mentioned in condition B means that that decision is
unlikely to be made or those investigations completed if the current
applicable bail period in relation to the person is not extended as
specified in subsection (6).

(9) 35For the purposes of this section—

(a) references to the current applicable bail period in relation to a
person are to the applicable bail period applying to the person
when the application under this section is made (subject to
section 47ZJ(3)), and

(b) 40“qualifying applicant” has the same meaning as in section 47ZF.

47ZH Sections 47ZF and 47ZG: withholding sensitive information

(1) This section applies where a qualifying applicant makes an application
to a magistrates’ court under section 47ZF or 47ZG in relation to a
person.

(2) The qualifying applicant may apply to the court for it to authorise the
specified information to be withheld from the person and any legal
representative of the person.

(3) The court may grant an application under subsection (2) only if
5satisfied that there are reasonable grounds for believing that the
specified information is sensitive information.

(4) For the purposes of this section information is sensitive information if
its disclosure would have one or more of the following results—

(a) evidence connected with an indictable offence would be
10interfered with or harmed;

(b) a person would be interfered with or physically injured;

(c) a person suspected of having committed an indictable offence
but not yet arrested for the offence would be alerted;

(d) the recovery of property obtained as a result of an indictable
15offence would be hindered.

(5) In this section “specified information” means the information specified
in the application under subsection (2).

47ZI Sections 47ZF to 47ZH: proceedings in magistrates’ court

(1) An application made to a magistrates’ court under section 47ZF or
2047ZG in relation to a person is to be determined by a single justice of the
peace on written evidence unless subsection (2) or (3) applies.

(2) This subsection applies if—

(a) the effect of the application would be to extend the applicable
bail period in relation to the person so that it ends at or before
25the end of the period of 12 months beginning with the person’s
bail start date, and

(b) a single justice of the peace considers that the interests of justice
require an oral hearing.

(3) This subsection applies if—

(a) 30the effect of the application would be to extend the applicable
bail period in relation to the person so that it ends after the end
of the period of 12 months beginning with the person’s bail start
date, and

(b) the person, or the person who made the application, requests an
35oral hearing.

(4) If subsection (2) or (3) applies, the application is to be determined by
two or more justices of the peace sitting otherwise than in open court.

(5) Where an application under section 47ZF or 47ZG in relation to a
person is to be determined as mentioned in subsection (4), the justices
40may direct that the person and any legal representative of the person be
excluded from any part of the hearing.

(6) The justices may give a direction under subsection (5) only if satisfied
that there are reasonable grounds for believing that sensitive
information would be disclosed at the part of the hearing in question.

(7) An application under section 47ZH is to be determined by a single
justice of the peace on written evidence unless the justice determines
that the interests of justice require an oral hearing.

(8) If the justice makes a determination under subsection (7)—

(a) 5the application is to be determined by two or more justices of
the peace sitting otherwise than in open court, and

(b) the justices hearing the application must direct that the person
to whom the application relates and any legal representative of
the person be excluded from the hearing.

(9) 10In this section “sensitive information” has the meaning given in section
47ZH(4).

47ZJ Sections 47ZF and 47ZG: late applications to magistrates’ court

(1) This section applies where—

(a) an application under section 47ZF or 47ZG is made to a
15magistrates’ court before the end of the applicable bail period in
relation to a person, but

(b) it is not practicable for the court to determine the application
before the end of that period.

(2) The court must determine the application as soon as is practicable.

(3) 20The applicable bail period in relation to the person is to be treated as
extended until the application is determined.

(4) If it appears to the court that it would have been reasonable for the
application to have been made in time for it to have been determined
by the court before the end of the applicable bail period in relation to
25the person, it may refuse the application.

47ZK Rules

Criminal Procedure Rules may make provision in connection with
applications under sections 47ZF, 47ZG and 47ZH and the proceedings
for determining such applications.

47ZL 30Applicable bail period and bail return date: special case of release on
bail under section 37(7)(a) or 37C(2)(b)

(1) This section applies where a person is released on bail under section
37(7)(a) or 37C(2)(b).

(2) The running of the applicable bail period in relation to the person—

(a) 35does not begin (in the case of a first release on bail), or

(b) is suspended (in any other case),

(subject to subsection (6)).

(3) Accordingly section 47ZA does not apply to the exercise of the power
mentioned in section 47ZA(1) when releasing the person on bail.

(4) 40Subsections (5) and (6) apply if a DPP request is made in relation to the
person.

(5) A custody officer must exercise the power mentioned in section 47(4A)
to appoint a different time for the person to attend at the police station
(and section 47(4B) to (4D) applies accordingly).

(6) The applicable bail period in relation to the person—

(a) begins to run on the day on which the DPP request is made (in
the case of a first release on bail), or

(b) resumes running on that day (in any other case).

(7) 5Subsection (8) applies where—

(a) a DPP request has been made in relation to the person, and

(b) the applicable bail period in relation to the person would end
before the end of the period of 7 days beginning with the day on
which the DPP request was made.

(8) 10The running of the applicable bail period in relation to the person is
suspended for the number of days necessary to secure that the
applicable bail period ends at the end of the period of 7 days beginning
with the day on which the DPP request was made.

(9) Subsections (10) and (11) apply if the DPP request made in relation to
15the person is met.

(10) The running of the applicable bail period in relation to the person is
suspended.

(11) Accordingly section 47(4D) does not apply to any exercise of the power
under section 47(4A).

(12) 20For the purposes of this section—

(a) a “DPP request”, in relation to a person, means a request by the
Director of Public Prosecutions for the further information
specified in the request to be provided before the Director
decides under section 37B(2) whether there is sufficient
25evidence to charge the person with the relevant offence,

(b) a DPP request is met when the further information specified in
the request is provided, and

(c) references to the case of a first release on bail are to a case where
the person has not been released on bail in relation to the
30relevant offence under any other provision of this Part or under
section 30A.

47ZM Applicable bail period: special cases of release on bail under section
30A and periods in hospital

(1) Subsections (2) and (3) apply where a person was released on bail
35under section 30A.

(2) The period of 28 days mentioned in section 30B(8) in relation to the
person is to be treated as being the period of 28 days mentioned in
section 47ZB(1)(b) in relation to the person.

(3) Any reference to the relevant offence, in relation to the person, is to be
40read as a reference to the offence in respect of which the power in
section 30A(1) was exercised.

(4) Subsection (5) applies if, at any time on the day on which the applicable
bail period in relation to a person would end, the person is in hospital
as an in-patient.

(5) The running of the applicable bail period in relation to the person is to
be treated as having been suspended for any day on which the patient
was in hospital as an in-patient.”

59 Section 58: consequential amendments

(1) 5The Police and Criminal Evidence Act 1984 is amended as follows.

(2) Section 37D (release on bail under section 37) is amended as follows.

(3) Omit subsections (1) to (3).

(4) In subsections (4) to (5) for “subsection (1) above” substitute “section 47(4A)”.

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

(6) 10In subsection (3)(c) at the end insert “(subject to section 47ZA)”.

(7) After subsection (4) insert—

“(4A) Where a person has been granted bail under this Part subject to a duty
to attend at a police station, a custody officer may subsequently appoint
a different time, or an additional time, at which the person is to attend
15at the police station to answer bail.

(4B) The custody officer must give the person notice in writing of the
exercise of the power under subsection (4A).

(4C) The exercise of the power under subsection (4A) does not affect the
conditions of bail (if any).

(4D) 20A custody officer may not appoint a time for a person’s attendance
under subsection (4A) which is after the end of the applicable bail
period in relation to the person.

(4E) Subsection (4D) is subject to section 47ZL.”

(8) In the Criminal Justice Act 2003—

(a) 25in section 24A(5)(b) (purposes for which person may be kept in police
detention) for “section 37D(1)” substitute “section 47(4A)”, and

(b) in section 24B(5) (application of provisions of the Police and Criminal
Evidence Act 1984)—

(i) omit paragraph (a), and

(ii) 30in paragraph (c) at the end insert “except subsections (4D) and
(4E)”.

Re-arrest of person released under provisions of PACE

60 Release under provisions of PACE: re-arrest

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

(2) 35In section 30C(4) (re-arrest without warrant of person released under section
30A) for the words from “new” to the end substitute “, since the person’s
release, new evidence has come to light or an examination or analysis of
existing evidence has been made which could not reasonably have been made
before the person’s release”.

(3) In section 41(9) (re-arrest without warrant of person released under section
41(7)) for the words from “new” to “since” substitute “, since the person’s
release, new evidence has come to light or an examination or analysis of
existing evidence has been made which could not reasonably have been made
5before”.

(4) In section 42(11) (re-arrest without warrant of person released under section
42(10)) for the words from “new” to “since” substitute “, since the person’s
release, new evidence has come to light or an examination or analysis of
existing evidence has been made which could not reasonably have been made
10before”.

(5) In section 43(19) (re-arrest without warrant of person released under section
43(18)) for the words from “new” to “since” substitute “, since the person’s
release, new evidence has come to light or an examination or analysis of
existing evidence has been made which could not reasonably have been made
15before”.

(6) In section 47(2) (re-arrest without warrant of person released on bail subject to
a duty to attend at a police station) for the words from “new” to the end
substitute “, since the person’s release, new evidence has come to light or an
examination or analysis of existing evidence has been made which could not
20reasonably have been made before the person’s release”.

Notification of decision not to prosecute

61 Duty to notify person released under section 34, 37 or 37CA of PACE that not
to be prosecuted

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

(2) 25In section 34 (limitations on police detention) after subsection (5A) (inserted by
section 49 of this Act) insert—

“(5B) Subsection (5C) applies where—

(a) a person is released under subsection (5), and

(b) the custody officer determines that—

(i) 30there is not sufficient evidence to charge the person with
an offence, or

(ii) there is sufficient evidence to charge the person with an
offence but the person should not be charged with an
offence or given a caution in respect of an offence.

(5C) 35The custody officer must give the person notice in writing that the
person is not to be prosecuted.

(5D) Subsection (5C) does not prevent the prosecution of the person for an
offence if new evidence comes to light after the notice was given.

(5E) In this Part “caution” includes—

(a) 40a conditional caution within the meaning of Part 3 of the
Criminal Justice Act 2003;

(b) a youth conditional caution within the meaning of Chapter 1 of
Part 4 of the Crime and Disorder Act 1998;

(c) a youth caution under section 66ZA of that Act.”