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269 Provision for Northern Ireland | |
(1) An Order in Council under section 85 of the Northern Ireland Act 1998 (c. 47) | |
(provision dealing with certain reserved matters) which contains a statement | |
that it is made only for purposes corresponding to those of Part 11 of this Act— | |
(a) shall not be subject to subsections (3) and (4) of that section (affirmative | 5 |
resolution of both Houses of Parliament), but | |
(b) shall be subject to annulment in pursuance of a resolution of either | |
House of Parliament. | |
(2) In relation to any time when section 1 of the Northern Ireland Act 2000 (c. 1) is | |
in force (suspension of devolved government in Northern Ireland), the | 10 |
reference in subsection (1) above to section 85 of the Northern Ireland Act 1998 | |
(c. 47) shall be read as a reference to paragraph 1 of the Schedule to the | |
Northern Ireland Act 2000 (c. 1) (legislation by Order in Council during | |
suspension). | |
270 Expenses | 15 |
There shall be paid out of money provided by Parliament— | |
(a) any expenditure incurred by a Minister of the Crown by virtue of this Act, and | |
(b) any increase attributable to this Act in the sums payable out of money so | |
provided under any other enactment. | |
271 Commencement | 20 |
(1) The following provisions of this Act come into force on the passing of this | |
Act— | |
section 248 and Schedule 20, | |
section 265, | |
sections 268 to 270, and | 25 |
this section and sections 272 and 273. | |
(2) The remaining provisions of this Act come into force in accordance with | |
provision made by the Secretary of State by order. | |
(3) Different provision may be made for different purposes and different areas. | |
272 Extent | 30 |
(1) Subject to the following provisions of this section, this Act extends to England | |
and Wales only. | |
(2) The following provisions extend also to Scotland and Northern Ireland— | |
sections 59 and 60; | |
sections 69 and 70; | 35 |
section 247(2); | |
section 256. | |
(3) Paragraph 10(3) of Schedule 9 (and section 174 so far as relating to that | |
provision) extend also to Scotland. | |
(4) The following provisions extend also to Northern Ireland— | 40 |
Part 5; | |
sections 268 and 269. | |
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(5) The provisions mentioned in subsection (6), so far as relating to proceedings | |
before a particular service court, have the same extent as the Act under which | |
the court is constituted. | |
(6) Those provisions are— | |
section 97 and Schedule 5; | 5 |
section 119 and Schedule 6. | |
(7) The amendment or repeal of any enactment by— | |
(a) Part 1, | |
(b) section 248 and Schedule 20, | |
(c) Part 1 of Schedule 21, and section 251 so far as relating to that Part, | 10 |
(d) section 266 and Schedule 25, and | |
(e) Part 3 of Schedule 26, and section 267 so far as relating to that Part, | |
has the same extent as the enactment amended or repealed. | |
273 Short title | |
This Act may be cited as the Criminal Justice Act 2003. | 15 |
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Schedules | |
Schedule 1 | |
Section 8 | |
Amendments related to Part 1 | |
The 1984 Act | |
1 The 1984 Act is amended as follows. | 5 |
2 In section 18 (entry and search after arrest), for subsection (5) there is | |
substituted— | |
“(5) A constable may conduct a search under subsection (1)— | |
(a) before the person is taken to a police station or released on | |
bail under section 30A, and | 10 |
(b) without obtaining an authorisation under subsection (4), | |
if the condition in subsection (5A) is satisfied. | |
(5A) The condition is that the presence of the person at a place (other than | |
a police station) is necessary for the effective investigation of the | |
offence.” | 15 |
3 In section 21 (access and copying), at the end there is inserted— | |
“(9) The references to a constable in subsections (1), (2), (3)(a) and (5) | |
include a person authorised under section 16(2) to accompany a | |
constable executing a warrant.” | |
4 In section 22 (retention), at the end there is inserted— | 20 |
“(7) The reference in subsection (1) to anything seized by a constable | |
includes anything seized by a person authorised under section 16(2) | |
to accompany a constable executing a warrant.” | |
5 In section 34 (limitation on police detention), for subsection (7) there is | |
substituted— | 25 |
“(7) For the purposes of this Part a person who— | |
(a) attends a police station to answer to bail granted under | |
section 30A, | |
(b) returns to a police station to answer to bail granted under this | |
Part, or | 30 |
(c) is arrested under section 30D or 46A, | |
is to be treated as arrested for an offence and that offence is the | |
offence in connection with which he was granted bail.” | |
6 In section 35(1) (designated police stations), for “section 30(3) and (5) above” | |
there is substituted “sections 30(3) and (5), 30A(5) and 30D(2)”. | 35 |
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7 In section 36 (custody officers at police stations), after subsection (7) there is | |
inserted— | |
“(7A) Subject to subsection (7B), subsection (7) applies where a person | |
attends a police station which is not a designated station to answer | |
to bail granted under section 30A as it applies where a person is | 5 |
taken to such a station. | |
(7B) Where subsection (7) applies because of subsection (7A), the | |
reference in subsection (7)(b) to the officer who took him to the | |
station is to be read as a reference to the officer who granted him | |
bail.” | 10 |
8 In section 41(2) (calculation of periods of time), after paragraph (c) there is | |
inserted— | |
“(ca) in the case of a person who attends a police station to answer | |
to bail granted under section 30A, the time when he arrives at | |
the police station;” | 15 |
9 In section 45A(2)(a) (functions which may be performed by video- | |
conferencing), after “taken to” there is inserted “, or answering to bail at,”. | |
10 In section 47 (bail after arrest)— | |
(a) in subsection (6), after “granted bail” there is inserted “under this | |
Part”, and | 20 |
(b) in subsection (7), after “released on bail” there is inserted “under this | |
Part”. | |
The Criminal Justice Act 1987 (c. 38) | |
11 In section 2 of the Criminal Justice Act 1987 (director’s investigation | |
powers), after subsection (6) there is inserted— | 25 |
“(6A) Where an appropriate person accompanies a constable, he may | |
exercise the powers conferred by subsection (5) but only in the | |
company, and under the supervision, of the constable.” | |
12 In subsection (7) of that section (meaning of appropriate person), for | |
“subsection (6) above” there is substituted “this section”. | 30 |
13 In subsection (8D) of that section (references to evidence obtained by | |
Director), after “by a constable” there is inserted “or by an appropriate | |
person”. | |
The Criminal Justice and Police Act 2001 (c. 16) | |
14 In section 56 of the Criminal Justice and Police Act 2001 (property seized by | 35 |
constables etc.), after subsection (4) there is inserted— | |
“(4A) Subsection (1)(a) includes property seized on any premises— | |
(a) by a person authorised under section 16(2) of the 1984 Act to | |
accompany a constable executing a warrant, or | |
(b) by a person accompanying a constable under section 2(6) of | 40 |
the Criminal Justice Act 1987 in the execution of a warrant | |
under section 2(4) of that Act.” | |
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The Armed Forces Act 2001 (c. 19) | |
15 In section 2(9) of the Armed Forces Act 2001 (offences for purpose of | |
definition of prohibited article), at the end of paragraph (d) there is inserted | |
“; and | |
(e) offences under section 1 of the Criminal Damage Act 1971 | 5 |
(destroying or damaging property).” | |
The Police Reform Act 2002 (c. 30) | |
16 Schedule 4 to the Police Reform Act 2002 (powers exercisable by police | |
civilians) is amended as follows. | |
17 In paragraph 16 (search warrants), for sub-paragraphs (h) and (i) there is | 10 |
substituted— | |
“(h) section 21(1), (2) and (9) of that Act (provision of record of | |
seizure) shall have effect in relation to the seizure of anything | |
in exercise of the powers conferred by virtue of sub- | |
paragraph (c) or (e) as if the references to a constable and to | 15 |
an officer included references to that person; and | |
(i) section 21(3) to (9) and section 22 of that Act (access, copying | |
and retention) shall have effect in relation to anything seized | |
in exercise of those powers or taken away following the | |
imposition of a requirement by virtue of sub-paragraph (g)— | 20 |
(i) as they have effect in relation to anything seized in | |
exercise of the power conferred by section 8(2) of that | |
Act or taken away following the imposition of a | |
requirement by virtue of section 20 of that Act; and | |
(ii) as if the references to a constable in subsections (3), | 25 |
(4), (5) and (9) of section 21 included references to a | |
person to whom this paragraph applies.” | |
18 (1) Paragraph 24 (extended powers of seizure) is renumbered as sub-paragraph | |
(1) and is amended as follows. | |
(2) In that provision, for “this paragraph” there is substituted “this sub- | 30 |
paragraph”. | |
(3) At the end of that provision, there is inserted— | |
“(2) Sub-paragraphs (3) and (4) apply where— | |
(a) a person has been authorised under section 16(2) of the | |
1984 Act (as it applies by virtue of paragraph 16(e)) to | 35 |
accompany an investigating officer in the execution of a | |
warrant, and | |
(b) a designation under sub-paragraph (1) of this paragraph | |
has applied that sub-paragraph to the investigating officer. | |
(3) The powers of a constable under Part 2 of the Criminal Justice and | 40 |
Police Act 2001 (extension of powers of seizure) are exercisable by | |
the person authorised to accompany the investigating officer (“the | |
authorised person”) on the same basis as they are exercisable by | |
the investigating officer by virtue of sub-paragraph (1)(a). | |
(4) Sub-paragraph (1)(b) applies as if the reference to property seized | 45 |
by the investigating officer at any time when he was lawfully on | |
any premises in the relevant police area also included property | |
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seized by the authorised person at any time when he was lawfully | |
on such premises.” | |
19 In paragraph 34 (powers of escort officer to take arrested person to prison), | |
in sub-paragraph (1)(a), for “subsection (1) of section 30” there is substituted | |
“subsection (1A) of section 30”. | 5 |
Schedule 2 | |
Section 23 | |
Charging or release of persons in police detention | |
1 The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows. | |
2 (1) Section 37 (duties of custody officers before charge) is amended as follows. | |
(2) In subsection (7) for paragraphs (a) and (b) there is substituted— | 10 |
“(a) shall be released without charge but on bail, | |
(b) shall be released without charge and without bail, or | |
(c) shall be charged.” | |
(3) After that subsection there is inserted— | |
“(7A) Where a person is released under subsection (7)(a) above, it shall be | 15 |
the duty of the custody officer to inform him that he is being released | |
to enable the Director of Public Prosecutions to make the decisions | |
mentioned in section 37B below.” | |
3 After that section there is inserted— | |
“37A Guidance for the purposes of section 37(7) | 20 |
(1) The Director of Public Prosecutions may issue guidance for the | |
purpose of enabling custody officers to determine what action to | |
take under section 37(7) above. | |
(2) The Director of Public Prosecutions may from time to time revise | |
guidance issued under this section. | 25 |
(3) Custody officers are to have regard to guidance under this section in | |
determining what action to take under section 37(7) above. | |
(4) A report under section 9 of the Prosecution of Offences Act 1985 | |
(c. 23) (report by DPP to Attorney General) must set out the | |
provisions of any guidance issued, and any revisions to guidance | 30 |
made, in the year to which the report relates. | |
(5) The Director of Public Prosecutions must publish in such manner as | |
he thinks fit— | |
(a) any guidance issued under this section, and | |
(b) any revisions made to such guidance. | 35 |
(6) Guidance under this section may make different provision for | |
different cases, circumstances or areas. | |
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