 | |
| |
PART VII |
| |
MISCELLANEOUS AND SUPPLEMENTAL |
| |
Bail |
| Requirement to give reasons for granting or continuing bail. |
128. - (1) After section 5(2) of the Bail Act 1976 (supplementary provisions about decisions on bail) there shall be inserted-
|
| |
 |
"(2A) Where a magistrates' court or the Crown Court grants bail in criminal proceedings to a person to whom section 4 of this Act applies after hearing representations from the prosecutor in favour of withholding bail, then the court shall give reasons for granting bail.
|
| |
(2B) A court which is by virtue of subsection (2A) above required to give reasons for its decision shall include a note of those reasons in the record of its decision and, if requested to do so by the prosecutor, shall cause the prosecutor to be given a copy of the record of the decision as soon as practicable after the record is made."
|
|
| |
(2) After section 5A(1) of that Act (supplementary provisions in cases of police bail) there shall be inserted-
|
| |
|
"(1A) Subsections (2A) and (2B) shall be omitted."
|
|
| |
(3) After section 5B(8) of that Act (reconsideration of decisions granting bail) there shall be inserted-
|
| |
|
"(8A) Where the court, on a reconsideration under this section, refuses to withhold bail from a relevant person after hearing representations from the prosecutor in favour of withholding bail, then the court shall give reasons for refusing to withhold bail.
|
| |
(8B) In subsection (8A) above, "relevant person" means a person to whom section 4(1) (and Schedule 1) of this Act is applicable in accordance with subsection (4) above.
|
| |
(8C) A court which is by virtue of subsection (8A) above required to give reasons for its decision shall include a note of those reasons in any record of its decision and, if requested to do so by the prosecutor, shall cause the prosecutor to be given a copy of any such record as soon as practicable after the record is made."
|
|
| |
(4) In Part I of Schedule 1 to that Act, paragraph 9A (court to give reasons for granting bail in certain homicide and rape cases) shall be omitted.
|
| |
Supplemental |
| Ministerial expenditure etc. |
129. There shall be paid out of money provided by Parliament-
|
| |
(a) any expenditure incurred by the Secretary of State for or in connection with the carrying out of his functions under this Act; and |
| |
(b) any increase attributable to this Act in the sums which are payable out of money so provided under any other Act. |
| General interpretation. |
130. - (1) In this Act-
|
| |
"the 1984 Act" means the Police and Criminal Evidence Act 1984; |
| |
"the 1996 Act" means the Police Act 1996; and |
| |
"the 1997 Act" means the Police Act 1997. |
| Repeals. |
131. The enactments and instruments mentioned in Schedule 8 (which include spent provisions) are hereby repealed or (as the case may be) revoked to the extent specified in the third column of that Schedule.
|
| Short title, commencement and extent. |
132. - (1) This Act may be cited as the Criminal Justice and Police Act 2001.
|
| |
(2) The provisions of this Act, other than this section, Part II of this Act and sections 84, 107, 114(7) and 117(7), shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed under this subsection for different purposes.
|
| |
(3) An order under subsection (2) may contain such savings as the Secretary of State thinks fit.
|
| |
(4) Part II of this Act and section 84 come into force at the end of the period of two months beginning with the day on which this Act is passed.
|
| |
(5) Subject to subsections (6) to (11), this Act extends to England and Wales only.
|
| |
(6) The following provisions of this Act extend to the United Kingdom-
|
| |
|
| |
|
| |
|
| |
(d) section 85(1) and (2); |
| |
(e) Part VI so far as it relates to the National Criminal Intelligence Service; |
| |
|
| |
(g) section 130 and this section. |
| |
(7) Section 125 extends to Great Britain only.
|
| |
(8) Sections 31, 40 to 42, 71, 74 and 83 extend to England and Wales and Northern Ireland only.
|
| |
(9) Section 82 extends to Northern Ireland only.
|
| |
(10) Section 85(3) has the same extent as section 27 of the Petty Sessions (Ireland) Act 1851.
|
| |
(11) An amendment, repeal or revocation contained in Schedule, 5, 7 or 8 has the same extent as the enactment or instrument to which it relates.
|
