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7 Codes of practice | |
(1) In section 67 of the 1984 Act (supplementary provisions about codes), for | |
subsections (1) to (7C) there is substituted— | |
“(1) In this section, “code” means a code of practice under section 60, 60A or | |
66. | 5 |
(2) The Secretary of State may at any time revise the whole or any part of a | |
code. | |
(3) A code may be made, or revised, so as to— | |
(a) apply only in relation to one or more specified areas, | |
(b) have effect only for a specified period, | 10 |
(c) apply only in relation to specified offences or descriptions of | |
offender. | |
(4) Before issuing a code, or any revision of a code, the Secretary of State | |
must consult— | |
(a) persons whom he considers to represent the interests of police | 15 |
authorities, | |
(b) persons whom he considers to represent the interests of chief | |
officers of police, and | |
(c) such other persons as he thinks fit. | |
(5) The Secretary of State must lay a code, or any revision of a code, before | 20 |
Parliament.” | |
(2) Section 113 of the 1984 Act (application of Act to armed forces) is amended as | |
follows. | |
(3) After subsection (3) there is inserted— | |
“(3A) In subsections (4) to (10), “code” means a code of practice under | 25 |
subsection (3).” | |
(4) For subsections (5) to (7) there is substituted— | |
“(5) The Secretary of State may at any time revise the whole or any part of a | |
code. | |
(6) A code may be made, or revised, so as to— | 30 |
(a) apply only in relation to one or more specified areas, | |
(b) have effect only for a specified period, | |
(c) apply only in relation to specified offences or descriptions of | |
offender. | |
(7) The Secretary of State must lay a code, or any revision of a code, before | 35 |
Parliament.” | |
8 Amendments related to this Part | |
Schedule 1 (which makes amendments related to the provisions of this Part) | |
has effect. | |
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Amendments relating to drugs | |
9 Power of arrest for possession of Class C drugs | |
In Schedule 1A to the Police and Criminal Evidence Act 1984 (c. 60) (specific | |
offences which are arrestable offences), after paragraph 6 there is inserted— | |
“Misuse of Drugs Act 1971 | 5 |
6A An offence under section 5(2) of the Misuse of Drugs Act 1971 (c. 38) | |
(having possession of a controlled drug) in respect of a Class C drug | |
(within the meaning of that Act).” | |
10 Drug testing for under-eighteens | |
(1) The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows. | 10 |
(2) In section 38 (duties of custody officer after charge)— | |
(a) in subsection (1)— | |
(i) for sub-paragraph (iiia) of paragraph (a) there is substituted— | |
“(iiia) except in a case where (by virtue of | |
subsection (9) of section 63B below) that | 15 |
section does not apply, the custody | |
officer has reasonable grounds for | |
believing that the detention of the person | |
is necessary to enable a sample to be | |
taken from him under that section;”, | 20 |
(ii) in sub-paragraph (i) of paragraph (b), after “satisfied” there is | |
inserted “(but, in the case of paragraph (a)(iiia) above, only if | |
the arrested juvenile has attained the minimum age)”, | |
(b) in subsection (6A), after the definition of “local authority | |
accommodation” there is inserted— | 25 |
““minimum age” means the age specified in section 63B(3) | |
below;”. | |
(3) In section 63B (testing for presence of Class A drugs)— | |
(a) in subsection (3), for “18” there is substituted “14”, | |
(b) after subsection (5), there is inserted— | 30 |
“(5A) In the case of a person who has not attained the age of 17— | |
(a) the making of the request under subsection (4) above; | |
(b) the giving of the warning and (where applicable) the | |
information under subsection (5) above; and | |
(c) the taking of the sample, | 35 |
may not take place except in the presence of an appropriate | |
adult.”, | |
(c) after subsection (6), there is inserted— | |
“(6A) The Secretary of State may by order made by statutory | |
instrument amend subsection (3) above by substituting for the | 40 |
age for the time being specified a different age specified in the | |
order. | |
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(6B) A statutory instrument containing an order under subsection | |
(6A) above shall not be made unless a draft of the instrument | |
has been laid before, and approved by a resolution of, each | |
House of Parliament.”, | |
(d) after subsection (8), there is inserted— | 5 |
“(9) In relation to a person who has not attained the age of 18, this | |
section applies only where— | |
(a) the relevant chief officer has been notified by the | |
Secretary of State that arrangements for the taking of | |
samples under this section from persons who have not | 10 |
attained the age of 18 have been made for the police area | |
in which the person is in police detention; and | |
(b) the notice has not been withdrawn. | |
(10) In this section— | |
“appropriate adult”, in relation to a person who has not | 15 |
attained the age of 17, means— | |
(a) his parent or guardian or, if he is in the care of a | |
local authority or voluntary organisation, a | |
person representing that authority or | |
organisation; or | 20 |
(b) a social worker of a local authority social services | |
department; or | |
(c) if no person falling within paragraph (a) or (b) is | |
available, any responsible person aged 18 or | |
over who is not a police officer, a prison officer | 25 |
or a person employed by the police; | |
“relevant chief officer” means, in relation to a police | |
area, the chief officer of police of the police force for that | |
police area.” | |
Part 2 | 30 |
Bail | |
11 Grant and conditions of bail | |
(1) In section 3(6) of the 1976 Act (which sets out cases where bail conditions may | |
be imposed)— | |
(a) the words “to secure that” are omitted, | 35 |
(b) the words “to secure that” are inserted at the beginning of each of | |
paragraphs (a) to (e), | |
(c) after paragraph (c) there is inserted— | |
“(ca) for his own protection or, if he is a child or young | |
person, for his own welfare or in his own interests,”, | 40 |
(d) for “or (c)” there is substituted “(c) or (ca)”. | |
(2) In section 3A(5) of the 1976 Act (no conditions may be imposed under section | |
3(4), (5), (6) or (7) unless necessary for certain purposes)— | |
(a) the words “for the purpose of preventing that person from” are | |
omitted, | 45 |
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(b) the words “for the purpose of preventing that person from” are inserted | |
at the beginning of each of paragraphs (a) to (c), | |
(c) after paragraph (c) there is inserted “or | |
(d) for that person’s own protection or, if he is a child or | |
young person, for his own welfare or in his own | 5 |
interests.” | |
(3) Paragraph 6 of Part 1 of Schedule 1 to the 1976 Act (defendant need not be | |
granted bail if having been released on bail he has been arrested in pursuance | |
of section 7) shall cease to have effect. | |
(4) In paragraph 8(1) of that Part (no conditions may be imposed under section | 10 |
3(4) to (7) unless necessary to do so for certain purposes) for the words from | |
“that it is necessary to do so” onwards there is substituted “that it is necessary | |
to do so— | |
(a) for the purpose of preventing the occurrence of any of the | |
events mentioned in paragraph 2 of this Part of this Schedule, or | 15 |
(b) for the defendant’s own protection or, if he is a child or young | |
person, for his own welfare or in his own interests”. | |
(5) For paragraph 5 of Part 2 of that Schedule (defendant need not be granted bail | |
if having been released on bail he has been arrested in pursuance of section 7) | |
there is substituted— | 20 |
“5 The defendant need not be granted bail if— | |
(a) having been released on bail in or in connection with the | |
proceedings for the offence, he has been arrested in | |
pursuance of section 7 of this Act; and | |
(b) the court is satisfied that there are substantial grounds for | 25 |
believing that the defendant, if released on bail (whether | |
subject to conditions or not) would fail to surrender to | |
custody, commit an offence on bail or interfere with | |
witnesses or otherwise obstruct the course of justice (whether | |
in relation to himself or any other person).” | 30 |
12 Offences committed on bail | |
(1) Paragraph 2A of Part 1 of Schedule 1 to the 1976 Act (defendant need not be | |
granted bail in case of indictable offence or offence triable either way if it | |
appears to court that he was on bail on date of offence) shall cease to have | |
effect. | 35 |
(2) After paragraph 9 of that Part there is inserted— | |
“9AA (1) This paragraph applies if— | |
(a) the defendant was on bail in criminal proceedings on the date | |
of the offence, and | |
(b) either or both of the following is the case— | 40 |
(i) the offence in question is punishable with | |
imprisonment, | |
(ii) the bail in question was granted in connection with an | |
offence which is punishable with imprisonment. | |
(2) In deciding for the purposes of paragraph 2 of this Part of this | 45 |
Schedule whether it is satisfied that there are substantial grounds for | |
believing that the defendant, if released on bail (whether subject to | |
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conditions or not), would commit an offence while on bail, the court | |
shall give particular weight to the fact that the defendant committed | |
the offence mentioned in sub-paragraph (1)(a) above while on bail.” | |
13 Appeal to Crown Court | |
(1) This section applies where a magistrates’ court grants bail to a person (“the | 5 |
person concerned”) on adjourning a case under— | |
(a) section 10 of the Magistrates’ Courts Act 1980 (c. 43) (adjournment of | |
trial), | |
(b) section 17C of that Act (intention as to plea: adjournment), | |
(c) section 18 of that Act (initial procedure on information against adult for | 10 |
offence triable either way), | |
(d) section 52(5) of the Crime and Disorder Act 1998 (adjournment of | |
proceedings under section 51 etc), or | |
(e) section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | |
(remand for medical examination). | 15 |
(2) Subject to the following provisions of this section, the person concerned may | |
appeal to the Crown Court against any condition of bail falling within | |
subsection (3). | |
(3) A condition of bail falls within this subsection if it is a requirement— | |
(a) that the person concerned resides away from a particular place or area | 20 |
and at a place other than a bail hostel, | |
(b) for the provision of a surety or sureties or the giving of a security, | |
(c) that the person concerned remains indoors between certain hours, or | |
(d) imposed under section 3(6ZAA) of the 1976 Act (requirements with | |
respect to electronic monitoring). | 25 |
(4) An appeal under this section may not be brought unless subsection (5) or (6) | |
applies. | |
(5) This subsection applies if an application to the magistrates’ court under section | |
3(8)(a) of the 1976 Act (application by or on behalf of person granted bail) was | |
made and determined before the appeal was brought. | 30 |
(6) This subsection applies if an application to the magistrates’ court— | |
(a) under section 3(8)(b) of the 1976 Act (application by constable or | |
prosecutor), or | |
(b) under section 5B(1) of that Act (application by prosecutor), | |
was made and determined before the appeal was brought. | 35 |
(7) On an appeal under this section the Crown Court may vary the conditions of | |
bail. | |
(8) Where the Crown Court determines an appeal under this section, the person | |
concerned may not bring any further appeal under this section in respect of the | |
conditions of bail unless an application or a further application to the | 40 |
magistrates’ court under section 3(8)(a) of the 1976 Act is made and | |
determined after the appeal. | |
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