Police, Crime, Sentencing and Courts Bill (HL Bill 40)

Police, Crime, Sentencing and Courts BillPage 200

Educational authorityLocal government area
Any other provider of education or training to
which Chapter 3 of Part 8 of the Education and
Inspections Act 2006 applies, other than a
5provider that—
(a)

is registered under the register
maintained by the Office for Students
under section 3 of the Higher Education
and Research Act 2017, and

(b)

10is not an institution within the further
education sector as defined by section
91(3) of the Further and Higher Education
Act 1992.

Each local government area in
which education or training is
provided by that provider

Prison authorities

15Prison authorityLocal government area
The governor of a prison in England and Wales
(or, in the case of a contracted out prison within
the meaning given by section 84(4) of the
Criminal Justice Act 1991, its director)
The local government area in
which the prison is located

20Youth custody authorities

Youth custody authority Local government area
The governor of a young offender institution (or,
in the case of a contracted out young offender
institution within the meaning given by sections
2584(4) and 92(1) of the Criminal Justice Act 1991,
its director)
The local government area in
which the young offender
institution is located
The governor of a secure training centre (or, in
the case of a contracted out secure training centre
within the meaning given by section 15 of the
30Criminal Justice and Public Order Act 1994, its
director)
The local government area in
which the secure training
centre is located
The principal of a secure collegeThe local government area in
which the secure college is
located
35The manager of a secure children’s home, within
the meaning given by section 102(11) of the Legal
Aid, Sentencing and Punishment of Offenders
Act 2012, which is used to accommodate children
remanded or sentenced to custody after being
40charged with or convicted of an offence
The local government area in
which the secure children’s
home is located

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Section 42

Schedule 3 Extraction of information from electronic devices: authorised persons

Part 1 Authorised persons in relation to all purposes within section 36 or 39

5A constable of a police force in England and Wales.

A member of staff appointed by the chief officer of police of a police force in
England and Wales.

An employee of the Common Council of the City of London who is under
the direction and control of a chief officer of police.

10A constable within the meaning of Part 1 of the Police and Fire Reform
(Scotland) Act 2012 (asp 8) (see section 99 of that Act).

A member of staff appointed by the Scottish Police Authority under section
26(1) of the Police and Fire Reform (Scotland) Act 2012.

A police officer within the meaning of the Police (Northern Ireland) Act 2000
15(see section 77(1) of that Act).

A constable of the British Transport Police Force.

An employee of the British Transport Police Authority appointed under
section 27 of the Railways and Transport Safety Act 2003.

A constable of the Ministry of Defence police.

20A National Crime Agency officer.

A person who has been engaged to provide services consisting of or
including the extraction of information from electronic devices for the
purposes of the exercise of functions by a person listed in this Part of this
Schedule.

25Part 2 Authorised persons in relation to all purposes within section 36

A member of the Royal Navy Police, the Royal Military Police or the Royal
Air Force Police.

A person appointed as an immigration officer under paragraph 1 of
30Schedule 2 to the Immigration Act 1971.

A person who is an enforcement officer by virtue of section 15 of the
Gangmasters (Licensing) Act 2004.

A person who has been engaged to provide services consisting of or
including the extraction of information from electronic devices for the
35purposes of the exercise of functions by a person listed in this Part of this
Schedule.

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Part 3 Authorised persons in relation to the prevention of crime etc only

An officer of Revenue and Customs.

A person designated as a general customs official or a customs revenue
5official under the Borders, Citizenship and Immigration Act 2009 (see
sections 3 and 11 of that Act).

A member of the Serious Fraud Office.

A person appointed by the Financial Conduct Authority under the Financial
Services and Markets Act 2000 to conduct an investigation.

10An officer of the Competition and Markets Authority.

A person who is authorised by the Food Standards Agency to act in matters
arising under or by virtue of the Food Safety Act 1990.

A person who is authorised for the purposes of Part 6 of the Social Security
Administration Act 1992.

15An inspector appointed under section 15 of the Child Support Act 1991.

A person designated by the Director General of the Independent Office for
Police Conduct under paragraph 19(2) of Schedule 3 to the Police Reform
Act 2002.

A person who is an enforcement officer by virtue of section 303 of the
20Gambling Act 2005.

A person who has been engaged to provide services consisting of or
including the extraction of information from electronic devices for the
purposes of the exercise of functions by a person listed in this Part of this
Schedule.

Section 43

25Schedule 4 Pre-charge bail

Part 1 Grant of pre-charge bail

Amendments to the Police and Criminal Evidence Act 1984 (c. 60)

130The Police and Criminal Evidence Act 1984 is amended as follows.

2(1)Section 30A (release of a person arrested elsewhere than at a police station)
is amended as follows.

(2)For subsection (1) substitute—

(1)If subsection (1A) applies, a constable may release on bail a person
35who is arrested or taken into custody in the circumstances
mentioned in section 30(1).”

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(3)In subsection (1A)(b), for “a police officer of the rank of inspector or above”
substitute “a custody officer”.

(4)Before subsection (2) insert—

(1C)If subsection (1A) does not apply, a constable may release without
5bail a person who is arrested or taken into custody in the
circumstances mentioned in section 30(1).”

(5)In subsection (2), after “subsection (1)” insert “or (1C)”.

3(1)Section 34 (limitations on police detention) is amended as follows.

(2)For subsection (5) substitute—

(5)10A person whose release is ordered under subsection (2) must be
released on bail if subsection (5A) applies.”

(3)After subsection (5A) insert—

(5AA)A person whose release is ordered under subsection (2) must be
released without bail if subsection (5A) does not apply.”

(4)15In subsection (5B)(a), after “subsection (5)” insert “or (5AA)”.

4In section 36 (custody officers at police stations), after subsection (7B)
insert—

(7C)The reference to a custody officer in section 30A(1A)(b) includes a
reference to an officer other than a custody officer who is performing
20the functions of a custody officer by virtue of subsection (4) above.”

5(1)Section 37 (duties of custody officer before charge) is amended as follows.

(2)For subsection (2) substitute—

(2)If—

(a)the custody officer (“C”) determines that C does not have
25such evidence before C, and

(b)the pre-conditions for bail are satisfied,

the person arrested must be released on bail (subject to subsection
(3)).”

(3)After subsection (2) insert—

(2A)30If—

(a)the custody officer (“C”) determines that C does not have
such evidence before C, and

(b)the pre-conditions for bail are not satisfied,

the person arrested must be released without bail (subject to
35subsection (3)).”

(4)In subsection (6A)(a), after “subsection (2)” insert “or (2A)”.

(5)In subsection (7), for paragraphs (b) and (c) (including the “or” at the end of
paragraph (c)) substitute—

(b)shall be released—

(i)40without charge, and

(ii)if the pre-conditions for bail are satisfied, on bail,

Police, Crime, Sentencing and Courts BillPage 204

but not for the purpose mentioned in paragraph (a),

(c)shall be released—

(i)without charge, and

(ii)if the pre-conditions for bail are not satisfied, without
5bail, or”.

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

6(1)Section 37CA (breach of bail following release under section 37(7)(c)) is
amended as follows.

(2)In the section heading, for “section 37(7)(c)” substitute “section 37(7)(b)”.

(3)10In subsection (1), for “section 37(7)(c)” substitute “section 37(7)(b)”.

(4)In subsection (2), for paragraph (b) substitute—

(b)shall be released—

(i)without charge, and

(ii)if the pre-conditions for bail are satisfied, on bail, or

(c)15shall be released—

(i)without charge, and

(ii)if the pre-conditions for bail are not satisfied, without
bail.”

7In section 37D(4A) (release on bail under section 37: further provision), for
20“section 37(7)(c)” substitute “section 37(7)(b)”.

8In section 41(7) (release following period of detention without charge), for
paragraphs (a) and (b) substitute—

(a)on bail, if the pre-conditions for bail are satisfied, or

(b)without bail, if those pre-conditions are not satisfied.”

925In section 42(10) (release following continued detention without charge), for
paragraphs (a) and (b) and the words following those paragraphs
substitute—

(a)on bail, if the pre-conditions for bail are satisfied, or

(b)without bail, if those pre-conditions are not satisfied,

  • 30subject to subsection (10A).”

10(1)Section 43 (warrants of further detention) is amended as follows.

(2)In subsection (15), for paragraphs (a) and (b) substitute—

(a)on bail, if the pre-conditions for bail are satisfied, or

(b)without bail, if those pre-conditions are not satisfied.”

(3)35In subsection (18), for paragraphs (a) and (b) substitute—

(a)on bail, if the pre-conditions for bail are satisfied, or

(b)without bail, if those pre-conditions are not satisfied.”

11In section 44(7) (release following extension of warrants of further
detention), for paragraphs (a) and (b) substitute—

(a)40on bail, if the pre-conditions for bail are satisfied, or

(b)without bail, if those pre-conditions are not satisfied.”

12(1)Section 47ZC (applicable bail period: conditions A to D) is amended as
follows.

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(2)In subsection (3)(a), for “section 37(7)(c)” substitute “section 37(7)(b)”.

(3)In subsection (4)(a), for “section 37(7)(c)” substitute “section 37(7)(b)”.

13In section 50A (interpretation of references to pre-conditions for bail), for
paragraph (b) substitute—

(b)5that the custody officer has considered any representations
made by the person or the person’s legal representative.”

Amendments to the Criminal Justice Act 2003 (c. 44)

14The Criminal Justice Act 2003 is amended as follows.

15(1)Section 24A (arrest for failure to comply with conditions attached to
10conditional caution) is amended as follows.

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

(b)released without charge and on bail if—

(i)the release is to enable a decision to be made as to
whether the person should be charged with the
15offence, and

(ii)the pre-conditions for bail are satisfied, or

(c)released without charge and without bail (with or without
any variation in the conditions attached to the caution) if
paragraph (b) does not apply.”

(3)20In subsection (3)(a), for “subsection (2)(c)” substitute “subsection (2)(b)”.

(4)In subsection (4), for “subsection (2)(c)” substitute “subsection (2)(b)”.

16In section 24B(5) (application of PACE provisions), for “section 24A(2)(c)”
substitute “section 24A(2)(b)”.

Part 2 25Factors to be taken into account in deciding whether to grant pre-charge bail

17In section 30A of the Police and Criminal Evidence Act 1984 (release of
person arrested elsewhere than at police station), after subsection (1A)
insert—

(1B)In determining whether releasing the person on bail is necessary and
30proportionate in all the circumstances, the constable must have
regard in particular to—

(a)the need to secure that the person surrenders to custody,

(b)the need to prevent offending by the person,

(c)the need to safeguard victims of crime and witnesses, taking
35into account any vulnerabilities of any alleged victim of, or
alleged witness to, the offence for which the person was
arrested where these vulnerabilities have been identified by
the constable,

(d)the need to safeguard the person, taking into account any
40vulnerabilities of the person where these vulnerabilities have
been identified by the constable, and

(e)the need to manage risks to the public.”

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18(1)Section 50A of the Police and Criminal Evidence Act 1984 (interpretation of
references to pre-conditions for bail) is amended as follows.

(2)The existing text becomes subsection (1).

(3)After that subsection insert—

(2)5In determining whether releasing the person on bail is necessary and
proportionate in all the circumstances, the custody officer must have
regard in particular to—

(a)the need to secure that the person surrenders to custody,

(b)the need to prevent offending by the person,

(c)10the need to safeguard victims of crime and witnesses, taking
into account any vulnerabilities of any alleged victim of, or
alleged witness to, the offence for which the person was
arrested where these vulnerabilities have been identified by
the custody officer,

(d)15the need to safeguard the person, taking into account any
vulnerabilities of the person where these vulnerabilities have
been identified by the custody officer, and

(e)the need to manage risks to the public.”

Part 3 20Duty to seek views of alleged victims

Amendments to the Bail Act 1976 (c. 63)

19In section 3A of the Bail Act 1976 (conditions of bail in case of police bail),
after subsection (6) insert—

(7)For further provision about the grant of bail by a custody officer
25under Part 4 of the Police and Criminal Evidence Act 1984 or the
variation by a custody officer of the conditions of bail granted under
that Part, see section 47ZZA of that Act.”

Amendments to the Police and Criminal Evidence Act 1984 (c. 60)

20The Police and Criminal Evidence Act 1984 is amended as follows.

21(1)30Section 30CA (bail under section 30A: variation of conditions by police) is
amended as follows.

(2)After subsection (4) insert—

(4A)If it is reasonably practicable to do so, the investigating officer must
seek the views of the alleged victim (if any) of the relevant offence
35on—

(a)whether any of the conditions that are relevant conditions
should be varied under subsection (1), and

(b)if so, what variations should be made to those conditions.

(4B)The investigating officer must inform the relevant officer of any
40views obtained under subsection (4A).

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(4C)If any of the conditions which are relevant conditions are varied
under subsection (1), the investigating officer must, if it is reasonably
practicable to do so, notify the alleged victim of the variations.

(4D)If the alleged victim of the relevant offence appears to the
5investigating officer to be vulnerable, subsections (4A) and (4C)
apply as if references to the alleged victim of the offence were to a
person appearing to the officer to represent the alleged victim.”

(3)For subsection (5) substitute—

(5)In this section—

  • 10“investigating officer”, in relation to the relevant offence, means
    the constable or other person in charge of the investigation of
    the offence;

  • “relevant condition”, in relation to the relevant offence and an
    alleged victim of that offence, means a condition that relates
    15to the safeguarding of the alleged victim;

  • “relevant offence” means the offence for which the person
    making the request under subsection (1) was under arrest
    when granted bail under section 30A(1);

  • “relevant officer”, in relation to a designated police station,
    20means a custody officer but, in relation to any other police
    station—

    (a)

    means a constable who is not involved in the
    investigation of the relevant offence, if such a
    constable is readily available, and

    (b)

    25if no such constable is readily available—

    (i)

    means a constable other than the one who
    granted bail to the person, if such a constable
    is readily available, and

    (ii)

    if no such constable is readily available, means
    30the constable who granted bail.

(6)For the purposes of this section a person (“P”) is an alleged victim of
an offence if—

(a)an allegation has been made to a constable or other person
involved in the investigation of the offence that P has
35suffered physical, mental or emotional harm, or economic
loss, which was directly caused by the offence, and

(b)P is an individual.

(7)For the purposes of this section an alleged victim of an offence is
vulnerable if the alleged victim—

(a)40was aged under 18 at the time of the offence, or

(b)may have difficulty understanding a communication from an
investigating officer under this section, or communicating
effectively in response to it, by reason of—

(i)a physical disability or disorder,

(ii)45a mental disorder within the meaning of the Mental
Health Act 1983, or

(iii)a significant impairment of intelligence and social
functioning.”

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22After section 47 insert—

47ZZA Duty to seek views of alleged victims on conditions of pre-charge
bail

(1)Subsections (2) to (5) apply if—

(a)5a person has been arrested for an offence, and

(b)a custody officer proposes to release the person on bail under
this Part (except section 37C(2)(b) or 37CA(2)(b)).

(2)If it is reasonably practicable to do so, the investigating officer must
seek the views of the alleged victim (if any) of the offence on—

(a)10whether relevant conditions should be imposed on the
person’s bail, and

(b)if so, what relevant conditions should be imposed.

(3)In this section “relevant condition”, in relation to an offence and an
alleged victim of that offence, means a condition that relates to the
15safeguarding of the alleged victim.

(4)The investigating officer must inform the custody officer of any
views obtained under subsection (2).

(5)If the person is granted bail subject to relevant conditions, the
investigating officer must, if it is reasonably practicable to do so,
20notify the alleged victim of the offence of those conditions.

(6)If the alleged victim of the offence appears to the investigating officer
to be vulnerable, subsections (2) and (5) apply as if references to the
alleged victim of the offence were to a person appearing to the officer
to represent the alleged victim.

(7)25Subsections (8) to (11) apply if—

(a)a person has been arrested for an offence,

(b)the person has been released on bail under this Part subject to
conditions, and

(c)the person requests a custody officer to vary the conditions
30under section 3A(8) of the Bail Act 1976.

(8)If it is reasonably practicable to do so, the investigating officer must
seek the views of the alleged victim (if any) of the offence on—

(a)whether any of the conditions that are relevant conditions
should be varied, and

(b)35if so, what variations should be made to those conditions.

(9)The investigating officer must inform the custody officer of any
views obtained under subsection (8).

(10)If any of the conditions which are relevant conditions are varied, the
investigating officer must, if it is reasonably practicable to do so,
40notify the alleged victim of the variations.

(11)If the alleged victim of the offence appears to the investigating officer
to be vulnerable, subsections (8) and (10) apply as if references to the
alleged victim of the offence were to a person appearing to the officer
to represent the alleged victim.

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(12)In this section “investigating officer”, in relation to an offence, means
the constable or other person in charge of the investigation of the
offence.

(13)For the purposes of this section a person (“P”) is an alleged victim of
5an offence if—

(a)an allegation has been made to a constable or other person
involved in the investigation of the offence that P has
suffered physical, mental or emotional harm, or economic
loss, which was directly caused by the offence, and

(b)10P is an individual.

(14)For the purposes of this section an alleged victim of an offence is
vulnerable if the alleged victim—

(a)was aged under 18 at the time of the offence, or

(b)may have difficulty understanding a communication from an
15investigating officer under this section, or communicating
effectively in response to it, by reason of—

(i)a physical disability or disorder,

(ii)a mental disorder within the meaning of the Mental
Health Act 1983, or

(iii)20a significant impairment of intelligence and social
functioning.”

Amendments to the Criminal Justice Act 2003 (c. 44)

23In section 24B(3) of the Criminal Justice Act 2003 (arrest for failure to comply
with conditions of conditional caution: application of PACE provisions)—

(a)25before paragraph (a) insert—

(za)in section 30CA, omit subsections (4A) to (4D)”, and

(b)in paragraph (a), for the words from “in section 30CA(5)(a)” to
“provision” substitute “in section 30CA(5), in paragraph (a) of the
definition of “relevant officer”, for the reference to being involved in
30the investigation of the relevant offence”.

Part 4 Limits on period of bail without charge

24The Police and Criminal Evidence Act 1984 is amended as follows.

25In section 30B(8) (notice of release under section 30A: bail end date), for “28
35days” substitute “3 months”.

26(1)Section 47ZB (applicable bail period: initial limit) is amended as follows.

(2)In subsection (1)—

(a)in paragraph (a)—

(i)for “SFO case” substitute “FCA case, HMRC case, NCA case
40or SFO case”, and

(ii)for “3 months” substitute “6 months”, and

(b)in paragraph (b)—

(i)for “in an FCA case or any other case” substitute “in any other
case”, and