Police, Crime, Sentencing and Courts Bill (HL Bill 95)

continued    Part 2 continued    

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.

Section 45

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,

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,

• 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

 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.”

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