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

continued    Part 6 continued    

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

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

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

(2)5After 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
on—

(a)whether any of the conditions that are relevant conditions
10should 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
views obtained under subsection (4A).

(4C)If any of the conditions which are relevant conditions are varied
15under 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
investigating officer to be vulnerable, subsections (4A) and (4C)
apply as if references to the alleged victim of the offence were to a
20person appearing to the officer to represent the alleged victim.”

(3)For subsection (5) substitute—

“(5)In this section—

• “investigating officer”, in relation to the relevant offence, means
  the constable or other person in charge of the investigation of
  25the offence;

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

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

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

  (a)

  35means a constable who is not involved in the
  investigation of the relevant offence, if such a
  constable is readily available, and

  (b)

  if no such constable is readily available—

  (i)

  means a constable other than the one who
  40granted bail to the person, if such a constable
  is readily available, and

  (ii)

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

(6)For the purposes of this section a person (“P”) is an alleged victim of
45an 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)5P is an individual.

(7)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
10investigating 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)15a significant impairment of intelligence and social
functioning.”

22After section 47 insert—

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

(1)20Subsections (2) to (5) apply if—

(a)a 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
25seek the views of the alleged victim (if any) of the offence on—

(a)whether 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
30alleged victim of that offence, means a condition that relates to the
safeguarding 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
35investigating officer must, if it is reasonably practicable to do so,
notify 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
40to represent the alleged victim.

(7)Subsections (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)45the person requests a custody officer to vary the conditions
under 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)5if 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,
10notify 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.

(12)15In 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
an offence if—

(a)20an 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)P is an individual.

(14)25For 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
investigating officer under this section, or communicating
30effectively 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)a significant impairment of intelligence and social
35functioning.”

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)before paragraph (a) insert—

“(za)40in 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
the 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
5days” 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
10or 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

(ii)15for “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
purposes of this sub-paragraph by the Chief Executive of that
20Authority”,

(b)after paragraph (b) insert—

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

(i)the relevant offence in relation to the person is
being investigated by an officer of Revenue
25and 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)the relevant offence in relation to the person is
30being investigated by the National Crime
Agency, and

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

(c)in paragraph (c)(ii), for “a senior officer” substitute “a member of the
35Serious 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)in paragraph (a), for “senior officer” substitute “relevant officer”,

(b)40after 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)in relation to a condition which falls to be considered
45by 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)Section 47ZD (applicable bail period: extension of initial limit in standard
cases) is amended as follows.

(2)5In subsection (1)(c), for “senior officer” substitute “relevant officer”.

(3)In subsection (2)—

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

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

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

(5)10After 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)15This section applies in relation to a person if—

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

(b)that period has not ended, and

(c)20a 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 9 months beginning with the person’s bail start date.

(3)25Before 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)In determining whether to give an authorisation under subsection (2)
30in 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
representative to be informed whether an authorisation under
35subsection (2) has been given in relation to the person.

(6)For the purposes of this Part “senior officer” means a police officer of
the 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)40the applicable bail period in relation to a person is the period
mentioned in section 47ZB(1)(a),

(b)that 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
5end 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
10informed 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)15The 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)For the purposes of this Part “appropriate decision-maker” means—

(a)20in 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)in an HMRC case, an officer of Revenue and Customs of a
25grade 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)in an SFO case, a member of the Serious Fraud Office who is
30of 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
authorised an extension of the applicable bail period in relation to the person
35under section 47ZDA.”

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

(4)In subsection (3)—

(a)for “an appropriate decision-maker” substitute “a qualifying police
40officer”,

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

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

(5)Omit subsection (4).

(6)In subsection (5)—

(a)45in 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
of Public Prosecutions.”

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

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

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

(2)10In subsection (1)—

(a)omit paragraph (a),

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

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

“(ba)15an appropriate decision-maker has authorised an
extension of the applicable bail period in relation to
the person under section 47ZDB,”, and

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

(3)20In subsection (4)—

(a)in paragraph (a)—

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

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

(b)25in paragraph (b)—

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

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

(4)In subsection (6)—

(a)30in paragraph (a)—

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

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

(b)in paragraph (b)—

(i)35for “subsection (1)(c)” substitute “subsection (1)(ba) or (c)”,
and

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

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

“(ba)an officer of Revenue and Customs,

(bb)40a 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
months”.

33In section 47ZM(2) (applicable bail period: special case of release on bail
45under section 30A), for “28 days”, in both places, substitute “3 months”.

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

34The Police and Criminal Evidence Act 1984 is amended as follows.

35In section 41 (limits on period of detention without charge), after subsection
5(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.”

36In section 47 (bail after arrest), after subsection (6) insert—

“(6A)Where a person has been arrested under section 46A above (other
10than 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.”

15Part 6 Guidance 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
20State, issue guidance on bail that is granted to a person under Part 3
or 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-
25charge bail;

(c)the 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)30the duty to seek the views of alleged victims about conditions
of 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)35Before issuing or revising guidance on pre-charge bail, the College of
Policing 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)40such other persons as the College thinks fit.

(5)The 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
5Parliament, or may exclude from what is laid, anything the
publication 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)10A person who exercises functions relating to pre-charge bail must
have 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)15an 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)20But 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 48

Schedule 5 Overseas production orders

125The 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)30After 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.”

335In 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)40In 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
5person”.

(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
10by 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)15In 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
prescribed person”.

(3)20After 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
person prescribed by regulations made by the Secretary of
25State;

(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.”

6In section 15(3) (modifications of section 9 in the case of an order made on
30application 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)subsection (5) defined “prescribed
35person” as a person prescribed by
regulations made by the Secretary of
State;”, and

(b)for paragraph (h) substitute—

“(h)section 14 is to be read as if—

(i)40the 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
arrangements made by the Secretary of State
45or a prescribed person, and

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