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

continued    Part 4 continued    

(ii)for “28 days” substitute “3 months”.

(3)In subsection (4)—

(a)in paragraph (b)(ii), for “a senior officer” substitute “a member of
staff of that Authority who is of the description designated for the
5purposes of this sub-paragraph by the Chief Executive of that
Authority”,

(b)after paragraph (b) insert—

“(ba)an “HMRC case” is a case in which—

(i)the relevant offence in relation to the person is
10being investigated by an officer of Revenue
and Customs, and

(ii)an officer of Revenue and Customs confirms
that sub-paragraph (i) applies,

(bb)an “NCA case” is a case in which—

(i)15the relevant offence in relation to the person is
being investigated by the National Crime
Agency, and

(ii)a National Crime Agency officer confirms that
sub-paragraph (i) applies,”,”

(c)20in paragraph (c)(ii), for “a senior officer” substitute “a member of the
Serious Fraud Office”, and

(d)omit paragraph (d) and the “and” preceding that paragraph.

27In section 47ZC (applicable bail period: conditions A to D in sections 47ZD
to 47ZG), in subsection (6)—

(a)25in paragraph (a), for “senior officer” substitute “relevant officer”,

(b)after paragraph (a) insert—

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

(ab)30in relation to a condition which falls to be considered
by virtue of section 47ZDB, the appropriate decision-
maker in question,”, and”

(c)in paragraph (b), for “appropriate decision-maker” substitute
“qualifying police officer”.

28(1)35Section 47ZD (applicable bail period: extension of initial limit in standard
cases) is amended as follows.

(2)In subsection (1)(c), for “senior officer” substitute “relevant officer”.

(3)In subsection (2)—

(a)for “senior officer” substitute “relevant officer”, and

(b)40for “3 months” substitute “6 months”.

(4)In subsections (3) to (5), for “senior officer” substitute “relevant officer”.

(5)After subsection (5) insert—

“(6)For the purposes of this Part “relevant officer” means a police officer
of the rank of inspector or above.”

29After section 47ZD insert—

“47ZDA  Applicable bail period: further extension of limit in standard cases

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

(a)a relevant officer has authorised an extension of the
5applicable bail period in relation to the person under section
47ZD,

(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)10The 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 9 months 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
15for the person or the person’s legal representative to be informed
that a determination is to be made.

(4)In 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
20representative.

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

(6)For the purposes of this Part “senior officer” means a police officer of
25the rank of superintendent or above.

47ZDB  Applicable bail period: extension of limit in non-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
mentioned in section 47ZB(1)(a),

(b)30that period has not ended, and

(c)an appropriate decision-maker is satisfied that conditions A
to D are met in relation to the person.

(2)The appropriate decision-maker may authorise the applicable bail
period in relation to the person to be extended so that it ends at the
35end of the period of 12 months 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 appropriate decision-maker
must arrange for the person or the person’s legal representative to be
40informed that a determination is to be made.

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

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

(6)5For the purposes of this Part “appropriate decision-maker” means—

(a)in an FCA case, a member of staff of the Financial Conduct
Authority who is of the description designated for the
purposes of this section by the Chief Executive of that
Authority,

(b)10in an HMRC case, an officer of Revenue and Customs of a
grade that is equivalent to the rank of superintendent or
above,

(c)in an NCA case, a National Crime Agency officer of a grade
that is equivalent to the rank of superintendent or above, and

(d)15in an SFO case, a member of the Serious Fraud Office who is
of the Senior Civil Service.”

30(1)Section 47ZE (applicable bail period: extension of limit in designated cases)
is amended as follows.

(2)In subsection (1), for paragraphs (a) and (b) substitute “a senior officer has
20authorised an extension of the applicable bail period in relation to the person
under section 47ZDA.”

(3)In subsection (2), for “A qualifying prosecutor” substitute “The Director of
Public Prosecutions”.

(4)In subsection (3)—

(a)25for “an appropriate decision-maker” substitute “a qualifying police
officer”,

(b)for “the decision maker” substitute “the officer”, and

(c)for “6 months” substitute “12 months”.

(5)Omit subsection (4).

(6)30In subsection (5)—

(a)in paragraph (a), for “appropriate decision-maker” substitute
“qualifying police officer”, and

(b)for paragraph (b) substitute—

“(b)the qualifying police officer must consult the Director
35of Public Prosecutions.”

(7)In subsections (6) and (7), for “appropriate decision-maker” substitute
“qualifying police officer”.

(8)In subsection (9) omit the definition of “qualifying prosecutor” and the
“and” immediately before that definition.

31(1)40Section 47ZF (applicable bail period: first extension of limit by court) is
amended as follows.

(2)In subsection (1)—

(a)omit paragraph (a),

(b)in paragraph (b), for “section 47ZD” substitute “section 47ZDA”,

(c)45after paragraph (b) (but before the “or” at the end of that paragraph)

insert—

“(ba)an appropriate decision-maker has authorised an
extension of the applicable bail period in relation to
the person under section 47ZDB,”, and”

(d)5in paragraph (c), for “an appropriate decision-maker” substitute “a
qualifying police officer”.

(3)In subsection (4)—

(a)in paragraph (a)—

(i)for “subsection (1)(a) or (b)” substitute “subsection (1)(b)”,
10and

(ii)for “6 months” substitute “12 months”, and

(b)in paragraph (b)—

(i)for “subsection (1)(c)” substitute “subsection (1)(ba) or (c)”,
and

(ii)15for “9 months” substitute “18 months”.

(4)In subsection (6)—

(a)in paragraph (a)—

(i)for “subsection (1)(a) or (b)” substitute “subsection (1)(b)”,
and

(ii)20for “9 months” substitute “18 months”, and

(b)in paragraph (b)—

(i)for “subsection (1)(c)” substitute “subsection (1)(ba) or (c)”,
and

(ii)for “12 months” substitute “24 months”.

(5)25In subsection (8), after paragraph (b) insert—

“(ba)an officer of Revenue and Customs,

(bb)a National Crime Agency officer,”.

32In section 47ZI (sections 47ZF to 47ZH: proceedings in magistrates’ court),
in each of subsections (2)(a) and (3)(a), for “12 months” substitute “24
30months”.

33In section 47ZM(2) (applicable bail period: special case of release on bail
under section 30A), for “28 days”, in both places, substitute “3 months”.

Part 5 Police detention after arrest for breach of pre-charge bail etc

3435The Police and Criminal Evidence Act 1984 is amended as follows.

35In section 41 (limits on period of detention without charge), after subsection
(12) insert—

“(13)Section 47(6) and (6A) makes further provision about the calculation
of a period of police detention for the purposes of this Part.”

3640In section 47 (bail after arrest), after subsection (6) insert—

“(6A)Where a person has been arrested under section 46A above (other
than in a case within subsection (1ZA) or (1ZB) of that section) the
period of 3 hours beginning with the time at which the person arrives

at a police station following the arrest is not to be included as part of
any period of police detention which falls to be calculated in relation
to the person under this Part of this Act.”

Part 6 5Guidance on pre-charge bail

37In the Police and Criminal Evidence Act 1984, after section 50A insert—

“50B Guidance from the College of Policing on pre-charge bail

(1)The College of Policing may, with the approval of the Secretary of
State, issue guidance on bail that is granted to a person under Part 3
10or this Part (“pre-charge bail”).

(2)Guidance on pre-charge bail may in particular cover—

(a)the exercise of powers to release a person on pre-charge bail;

(b)the exercise of powers to impose or vary conditions of pre-
charge bail;

(c)15the exercise of powers to arrest a person—

(i)for failing to answer pre-charge bail, or

(ii)for breaching any conditions of pre-charge bail;

(d)the exercise of powers to extend the period of pre-charge bail;

(e)the duty to seek the views of alleged victims about conditions
20of pre-charge bail.

(3)The College of Policing may, with the approval of the Secretary of
State, from time to time revise the whole or any part of its guidance
on pre-charge bail.

(4)Before issuing or revising guidance on pre-charge bail, the College of
25Policing must consult—

(a)the National Police Chiefs’ Council,

(b)such persons as appear to the College to represent the views
of local policing bodies, and

(c)such other persons as the College thinks fit.

(5)30The Secretary of State must lay before Parliament any guidance on
pre-charge bail issued by the College of Policing, and any revision of
such guidance.

(6)The Secretary of State is not required by subsection (5) to lay before
Parliament, or may exclude from what is laid, anything the
35publication of which, in the opinion of the Secretary of State—

(a)could prejudice the prevention or detection of crime or the
apprehension or prosecution of offenders, or

(b)could jeopardise the safety of any person.

(7)A person who exercises functions relating to pre-charge bail must
40have regard to the guidance.

(8)But subsection (7) does not apply to—

(a)a member of the Serious Fraud Office,

(b)a member of staff of the Financial Conduct Authority,

(c)an officer of Revenue and Customs, or

(d)a National Crime Agency officer.

(9)A failure on the part of a person to whom subsection (7) applies to
comply with the guidance does not of itself render the person liable
to any criminal or civil proceedings.

(10)5But guidance on pre-charge bail is admissible in evidence in criminal
or civil proceedings and a court may take into account a failure to
comply with it in determining a question in the proceedings.”

Section 47

Schedule 5 Overseas production orders

110The Crime (Overseas Production Orders) Act 2019 is amended as follows.

2(1)Section 3 (meaning of “electronic data” and “excepted electronic data”) is
amended as follows.

(2)In subsection (4), at the end insert “, other than communications data to
which subsection (4A) applies”.

(3)15After subsection (4) insert—

“(4A)This subsection applies to communications data which is comprised
in, included as part of, attached to or logically associated with
electronic data which, apart from this subsection, may be specified or
described in the application for the overseas production order.”

320In section 5(3) (content of order: requirements fulfilled by reference to part
only of data sought) for “4(5) or (7)” substitute “4(5), (6) or (7)”.

4(1)Section 9 (restrictions on service of order) is amended as follows.

(2)In subsection (2), after “the Secretary of State” insert “or a prescribed
person”.

(3)25In subsection (3), after “the Lord Advocate” insert “or a prescribed person”.

(4)In subsection (4)—

(a)for “The Secretary of State or, as the case may be, the Lord Advocate”
substitute “A person”, and

(b)for “the Secretary of State or the Lord Advocate” substitute “that
30person”.

(5)After subsection (4) insert—

“(5)In this section “prescribed person”—

(a)in relation to an overseas production order made in England
and Wales or Northern Ireland, means a person prescribed
35by regulations made by the Secretary of State;

(b)in relation to an overseas production order made in Scotland,
means a person prescribed by regulations made by the Lord
Advocate.”

5(1)Section 14 (means of service) is amended as follows.

(2)In subsection (3)(d)—

(a)in sub-paragraph (i), after “the Secretary of State” insert “or a
prescribed person”, and

(b)in sub-paragraph (ii), after “the Lord Advocate” insert “or a
5prescribed person”.

(3)After subsection (5) insert—

“(6)In this section “prescribed person”—

(a)in relation to an order, notice or other document made or
issued in England and Wales or Northern Ireland, means a
10person prescribed by regulations made by the Secretary of
State;

(b)in relation to an order, notice or other document made or
issued in Scotland, means a person prescribed by regulations
made by the Lord Advocate.”

615In section 15(3) (modifications of section 9 in the case of an order made on
application by the service police)—

(a)in paragraph (g)—

(i)omit the “and” at the end of sub-paragraph (i), and

(ii)at the end of sub-paragraph (ii) insert “, and

(iii)20subsection (5) defined “prescribed
person” as a person prescribed by
regulations made by the Secretary of
State;”, and

(b)for paragraph (h) substitute—

“(h)25section 14 is to be read as if—

(i)the reference in subsection (1)(c) to a court in
England and Wales, Scotland or Northern
Ireland included the Court Martial,

(ii)subsection (3)(d) referred only to
30arrangements made by the Secretary of State
or a prescribed person, and

(iii)subsection (6) defined “prescribed person” as
a person prescribed by regulations made by
the Secretary of State.”

7(1)35Section 17 (regulations) is amended as follows.

(2)In subsection (2), for “or 4(1)(b)” substitute “, 4(1)(b), 9(5) or 14(6)”.

(3)After subsection (5) insert—

“(6)Regulations made by the Lord Advocate under section 9(5) or 14(6)
are subject to the negative procedure (see section 28 of the
40Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).”

Section 51

Schedule 6 Special procedure for access to material relating to human remains

Making of orders by judge

1(1)On an application made by a constable, a judge may make an order under
5paragraph 2 if the judge is satisfied that the following conditions are met.

(2)The first condition is that there are reasonable grounds for believing that
material that consists of, or may relate to the location of, relevant human
remains—

(a)is in the possession or control of a person specified in the application,
10or

(b)is on premises occupied or controlled by a person specified in the
application.

(3)The second condition is that there are reasonable grounds for believing that
the material consists of or includes excluded material or special procedure
15material.

(4)The third condition is that there are reasonable grounds for believing that
the material does not consist of or include items subject to legal privilege.

(5)The fourth condition is that other methods of obtaining the material—

(a)have been tried without success, or

(b)20have not been tried because it appeared that they were bound to fail.

(6)The fifth condition is that it is in the public interest, having regard—

(a)to the need to ensure that human remains are located and disposed
of in a lawful manner, and

(b)to the circumstances under which the person in possession of the
25material holds it,

that the material should be produced or access to it should be given.

2(1)An order under this paragraph is an order that, before the end of the relevant
period, the person specified in the application must—

(a)produce the material to a constable for the constable to take it away,
30or

(b)give a constable access to it.

(2)In sub-paragraph (1) “the relevant period” means 7 days from the date of the
order or such longer period as the order may specify.

3Where the material consists of information stored in any electronic form—

(a)35an order under paragraph 2(1)(a) has effect as an order to produce
the material in a form in which it can be taken away and in which it
is visible and legible or from which it can readily be produced in a
visible or legible form, and

(b)an order under paragraph 2(1)(b) has effect as an order to give a
40constable access to the material in a form in which it is visible and
legible.

4For the purposes of sections 21 and 22 of the Police and Criminal Evidence
Act 1984, material produced in pursuance of an order under paragraph
2(1)(a) is to be treated as if it were material seized by a constable.

Notices of applications for orders

5(1)An application for an order under paragraph 2 that relates to material that
consists of or includes journalistic material is to be made inter partes.

(2)Notice of an application for an order under paragraph 2 that relates to such
5material may be served on a person—

(a)by delivering it to the person,

(b)by leaving it at the person’s proper address, or

(c)by sending it by post to the person in a registered letter or by a
recorded delivery service.

(3)10Notice of an application for an order under paragraph 2 that relates to such
material may be served—

(a)on a body corporate, by serving it on the body’s secretary or clerk or
other similar officer;

(b)on a partnership, by serving it on one of the partners.

(4)15For the purposes of sub-paragraph (2), and of section 7 of the Interpretation
Act 1978 in its application to that sub-paragraph, the proper address of a
person—

(a)in the case of a secretary or clerk or other similar officer of a body
corporate, is that of the registered or principal office of that body;

(b)20in the case of a partner of a firm is that of the principal office of the
firm;

(c)in any other case is the last known address of the person to be served.

6(1)Where notice of an application for an order under paragraph 2 has been
served on a person, the person must not conceal, destroy, alter or dispose of
25the material to which the application relates until sub-paragraph (2) applies
except—

(a)with the leave of a judge, or

(b)with the written permission of a constable.

(2)This paragraph applies when—

(a)30the application is dismissed or abandoned, or

(b)the person has complied with an order under paragraph 2 made on
the application.

Failure to comply with order

7(1)If a person fails to comply with an order under paragraph 2, a judge may
35deal with the person as if the person had committed a contempt of the
Crown Court.

(2)Any enactment relating to contempt of the Crown Court has effect in
relation to such a failure as if it were such a contempt.

Issue of warrants by judge

8(1)40On an application made by a constable, a judge may issue a warrant
authorising a constable to enter and search premises if the judge is satisfied
that the conditions in this paragraph are met.

(2)The first condition is that there are reasonable grounds for believing that
there is material on the premises mentioned in sub-paragraph (5) below that
consists of, or may relate to the location of, relevant human remains.

(3)The second condition is that each of the conditions set out in paragraph 1(3)
5to (6) is met in relation to the material.

(4)The third condition is that there are reasonable grounds for believing, in
relation to each set of premises specified in the application—

(a)that it is not practicable to communicate with any person entitled to
grant entry to the premises,

(b)10that it is practicable to communicate with a person entitled to grant
entry to the premises but it is not practicable to communicate with
any person entitled to grant access to the material,

(c)that the material on the premises contains information which—

(i)is subject to a restriction on disclosure or an obligation of
15secrecy contained in any enactment, including an enactment
contained in an Act passed after this Act, and

(ii)is likely to be disclosed in breach of it if a warrant is not
issued, or

(d)that service of notice of an application for an order under paragraph
202 may seriously prejudice the purpose of the search.

(5)The premises referred to in sub-paragraph (2) are—

(a)one or more sets of premises specified in the application (in which
case the application is for a “specific premises warrant”), or

(b)any premises occupied or controlled by a person specified in the
25application, including such sets of premises as are so specified (in
which case the application is for an “all premises warrant”).

9If the application is for an all premises warrant, the judge must also be
satisfied—

(a)that there are reasonable grounds for believing that it is necessary to
30search premises occupied or controlled by the person in question
which are not specified in the application, as well as those which are,
in order to find the material in question, and

(b)that it is not reasonably practicable to specify in the application all
the premises which the person occupies or controls and which might
35need to be searched.

10(1)The warrant may authorise entry to and search of premises on more than
one occasion if, on the application, the judge is satisfied that it is necessary
to authorise multiple entries in order to achieve the purpose for which the
judge issues the warrant.

(2)40If the warrant authorises multiple entries, the number of entries authorised
may be unlimited, or limited to a maximum.

11A constable may—

(a)seize and retain anything for which a search has been authorised
under paragraph 8, and

(b)45if necessary, use reasonable force in the exercise of a power conferred
by a warrant issued under that paragraph.