Police, Crime, Sentencing and Courts Bill (HL Bill 72)

Police, Crime, Sentencing and Courts BillPage 200

SCHEDULES

Section 10

Schedule 1 Specified authorities and local government areas

Local government

Specified authority5Local government area
A district councilThe district
A county council in England for an area for
which there are no district councils
The district which coincides
with the council’s area or, if
there is no such district, each
10district within the council’s
area
Any other county council in EnglandEach district which falls
within the council’s area
A London borough councilThe London borough
The Common Council of the City of London in its
capacity as a local authority
15The City of London
The Council of the Isles of ScillyThe Isles of Scilly
A county council in WalesThe county
A county borough council in WalesThe county borough

20Criminal justice

Specified authorityLocal government area
A provider of probation services within the
meaning given by section 3(6) of the Offender
Management Act 2007
Each local government area in
which the provider operates
A youth offending team established under
section 39 of the Crime and Disorder Act 1998
25Each local government area
which is, or which falls
within, the area of each local
authority which established
the team

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Health and social care

Specified authorityLocal government area
A clinical commissioning group established
under section 14D of the National Health Service
Act 2006
Each local government area
which, or any part of which,
5coincides with or falls within
the group’s area
A Local Health Board established under section
11 of the National Health Service (Wales) Act
2006
Each local government area
which, or any part of which,
coincides with or falls within
10the Board’s area

Police

Specified authorityLocal government area
A chief officer of police for a police area in
England and Wales
Each local government area
which coincides with or falls
15within the police area

Fire and rescue authorities

Specified authorityLocal government area
A fire and rescue authority constituted by a
scheme under section 2 of the Fire and Rescue
Services Act 2004 or a scheme to which section 4
of that Act applies
Each local government area
which, or any part of which,
20coincides with or falls within
the authority’s area
A fire and rescue authority created by an order
under section 4A of the Fire and Rescue Services
Act 2004
Each local government area
which, or any part of which,
coincides with or falls within
25the authority’s area
A metropolitan county fire and rescue authorityEach district which falls
within the authority’s area
The London Fire CommissionerEach London borough and the
City of London

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Section 11

Schedule 2 Educational, prison and youth custody authorities

Educational authorities

Educational authorityLocal government area
5The governing body of—
(a)

a community, foundation or voluntary
school, or

(b)

a community or foundation special
school,

10other than a school which is used wholly for the
purpose of providing education for children who
are under compulsory school age
Each local government area in
which the school is located
The proprietor (within the meaning given by
section 579(1) of the Education Act 1996) of—
(a)

15an Academy school,

(b)

a 16 to 19 Academy, or

(c)

an alternative provision Academy

Each local government area in
which the Academy is located
The proprietor (within the meaning given by
section 579(1) of the Education Act 1996) of any
20school that has been approved under section 342
of the Education Act 1996, other than a school
which is used wholly for the purpose of
providing education for children who are under
compulsory school age
Each local government area in
which the school is located
25The proprietor (within the meaning given by
section 138(1) of the Education and Skills Act
2008) of any other independent educational
institution registered under section 95(1) of that
Act
Each local government area in
which the educational
institution is located
30The proprietor (within the meaning given by
section 579(1) of the Education Act 1996) of any
other independent school registered under
section 158 of the Education Act 2002
Each local government area in
which the school is located
The governing body of an educational
35establishment maintained by a local authority in
Wales
Each local government area in
which the educational
establishment is located
The management committee of a pupil referral
unit
Each local government area in
which the pupil referral unit
is located

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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 43

Schedule 3 Extraction of information from electronic devices: authorised persons

Part 1 Authorised persons in relation to all purposes within section 36 or 40

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).

An officer of the department of the Secretary of State for Business, Energy
and Industrial Strategy.

A member of the Serious Fraud Office.

10A person appointed by the Financial Conduct Authority under the Financial
Services and Markets Act 2000 to conduct an investigation.

An 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.

15A person who is authorised for the purposes of Part 6 of the Social Security
Administration Act 1992.

An 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
20Act 2002.

The Police Investigations and Review Commissioner.

A person designated by the Police Investigations and Review Commissioner
under paragraph 7B(1) of Schedule 4 to the Police, Public Order and
Criminal Justice (Scotland) Act 2006 (asp 10).

25An officer appointed by the Police Ombudsman for Northern Ireland under
section 56(1) or (1A) of the Police (Northern Ireland) Act 1998.

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

A person who has been engaged to provide services consisting of or
30including 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.

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Section 44

Schedule 4 Pre-charge bail

Part 1 Grant of pre-charge bail

5Amendments to the Police and Criminal Evidence Act 1984 (c. 60)

1The 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)10If subsection (1A) applies, a constable may release on bail a person
who is arrested or taken into custody in the circumstances
mentioned in section 30(1).”

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

(4)15Before subsection (2) insert—

(1C)If subsection (1A) does not apply, a constable may release without
bail 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)20Section 34 (limitations on police detention) is amended as follows.

(2)For subsection (5) substitute—

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

(3)After subsection (5A) insert—

(5AA)25A person whose release is ordered under subsection (2) must be
released without bail if subsection (5A) does not apply.”

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

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

(7C)30The reference to a custody officer in section 30A(1A)(b) includes a
reference to an officer other than a custody officer who is performing
the 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)35If—

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

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

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

(3)After subsection (2) insert—

(2A)If—

(a)5the 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
subsection (3)).”

(4)10In 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)without charge, and

(ii)15if the pre-conditions for bail are satisfied, on bail,

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
20bail, 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)25In 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)30shall 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
35“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.”

940In 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,

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  • subject 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)5without bail, if those pre-conditions are not satisfied.”

(3)In 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
10detention), 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.”

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

(2)15In 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)that the custody officer has considered any representations
20made 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
conditional caution) is amended as follows.

(2)25In 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
offence, and

(ii)30the 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)In subsection (3)(a), for “subsection (2)(c)” substitute “subsection (2)(b)”.

(4)35In 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 Factors to be taken into account in deciding whether to grant pre-charge bail

1740In section 30A of the Police and Criminal Evidence Act 1984 (release of

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 person arrested elsewhere than at police station), after subsection (1A)
insert—

(1B)In determining whether releasing the person on bail is necessary and
proportionate in all the circumstances, the constable must have
5regard 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
into account any vulnerabilities of any alleged victim of, or
10alleged 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
vulnerabilities of the person where these vulnerabilities have
15been identified by the constable, and

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

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)20After that subsection insert—

(2)In 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)25the need to prevent offending by the person,

(c)the 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
30the custody officer,

(d)the 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.”

35Part 3 Duty 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)40For further provision about the grant of bail by a custody officer
under 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.”