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
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
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
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.
(1) The following provisions of this Act come into force on the passing of this
section 248 and Schedule 20,
sections 268 to 270, and
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.
(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;
(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—
sections 268 and 269.
(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;
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,
(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.
Amendments related to Part 1
The 1984 Act
1 The 1984 Act is amended as follows.
2 In section 18 (entry and search after arrest), for subsection (5) there is
“(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
(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
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—
“(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
“(7) For the purposes of this Part a person who—
(a) attends a police station to answer to bail granted under
(b) returns to a police station to answer to bail granted under this
(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)”.
7 In section 36 (custody officers at police stations), after subsection (7) there is
“(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
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
8 In section 41(2) (calculation of periods of time), after paragraph (c) there is
“(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;”
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
(b) in subsection (7), after “released on bail” there is inserted “under this
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—
“(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”.
13 In subsection (8D) of that section (references to evidence obtained by
Director), after “by a constable” there is inserted “or by an appropriate
The Criminal Justice and Police Act 2001 (c. 16)
14 In section 56 of the Criminal Justice and Police Act 2001 (property seized by
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
the Criminal Justice Act 1987 in the execution of a warrant
under section 2(4) of that Act.”
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
(e) offences under section 1 of the Criminal Damage Act 1971
(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
“(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
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)—
(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),
(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-
(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
accompany an investigating officer in the execution of a
(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
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
by the investigating officer at any time when he was lawfully on
any premises in the relevant police area also included property
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”.
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—
“(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
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)
(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.
(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
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.
(6) Guidance under this section may make different provision for
different cases, circumstances or areas.