[AS AMENDED IN STANDING COMMITTEE B]
Make provision about criminal justice (including the powers and duties of the
police) and about dealing with offenders; to amend the law relating to jury
service; to amend Chapter 1 of Part 1 of the Crime and Disorder Act 1998; and
for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Amendments of Police and Criminal Evidence Act 1984
1 Extension of powers to stop and search
(1) In this Part, “the 1984 Act” means the Police and Criminal Evidence Act 1984
(2) In section 1(8) of the 1984 Act (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
(destroying or damaging property).”
2 Warrants to enter and search
In section 16 of the 1984 Act (execution of warrants), after subsection (2) there
“(2A) A person so authorised has the same powers as the constable whom he
accompanies in respect of—
(a) the execution of the warrant, and
(b) the seizure of anything to which the warrant relates.
(2B) But he may exercise those powers only in the company, and under the
supervision, of a constable.”
3 Bail elsewhere than at police station
(1) Section 30 of the 1984 Act (arrest elsewhere than at police station) is amended
(2) For subsection (1) there is substituted—
“(1) Subsection (1A) applies where a person is, at any place other than a
(a) arrested by a constable for an offence, or
(b) taken into custody by a constable after being arrested for an
offence by a person other than a constable.
(1A) The person must be taken by a constable to a police station as soon as
practicable after the arrest.
(1B) Subsection (1A) has effect subject to section 30A (release on bail) and
subsection (7) (release without bail).”
(3) In subsection (2) for “subsection (1)” there is substituted “subsection (1A)”.
(4) For subsection (7) there is substituted—
“(7) A person arrested by a constable at any place other than a police station
must be released without bail if the condition in subsection (7A) is
(7A) The condition is that, at any time before the person arrested reaches a
police station, a constable is satisfied that there are no grounds for
keeping him under arrest or releasing him on bail under section 30A.”
(5) For subsections (10) and (11) there is substituted—
“(10) Nothing in subsection (1A) or in section 30A prevents a constable
delaying taking a person to a police station or releasing him on bail if
the condition in subsection (10A) is satisfied.
(10A) The condition is that the presence of the person at a place (other than a
police station) is necessary in order to carry out such investigations as
it is reasonable to carry out immediately.
(11) Where there is any such delay the reasons for the delay must be
recorded when the person first arrives at the police station or (as the
case may be) is released on bail.”
(6) In subsection (12) for “subsection (1)” there is substituted “subsection (1A) or
(7) After section 30 there is inserted—
“30A Bail elsewhere than at police station
(1) A constable may release on bail a person who is arrested or taken into
custody in the circumstances mentioned in section 30(1).
(2) A person may be released on bail under subsection (1) at any time
before he arrives at a police station.
(3) A person released on bail under subsection (1) must be required to
attend a police station.
(4) No other requirement may be imposed on the person as a condition of
(5) The police station which the person is required to attend may be any
30B Bail under section 30A: notices
(1) Where a constable grants bail to a person under section 30A, he must
give that person a notice in writing before he is released.
(2) The notice must state—
(a) the offence for which he was arrested, and
(b) the ground on which he was arrested.
(3) The notice must inform him that he is required to attend a police
(4) It may also specify the police station which he is required to attend and
the time when he is required to attend.
(5) If the notice does not include the information mentioned in subsection
(4), the person must subsequently be given a further notice in writing
which contains that information.
(6) The person may be required to attend a different police station from
that specified in the notice under subsection (1) or (5) or to attend at a
(7) He must be given notice in writing of any such change as is mentioned
in subsection (6) but more than one such notice may be given to him.
30C Bail under section 30A: supplemental
(1) A person who has been required to attend a police station is not
required to do so if he is given notice in writing that his attendance is
no longer required.
(2) If a person is required to attend a police station which is not a
designated police station he must be—
(a) released, or
(b) taken to a designated police station,
not more than six hours after his arrival.
(3) Nothing in the Bail Act 1976 (c. 63) applies in relation to bail under
(4) Nothing in section 30A or 30B or in this section prevents the re-arrest
without a warrant of a person released on bail under section 30A if new
evidence justifying a further arrest has come to light since his release.
30D Failure to answer to bail under section 30A
(1) A constable may arrest without a warrant a person who—
(a) has been released on bail under section 30A subject to a
requirement to attend a specified police station, but
(b) fails to attend the police station at the specified time.
(2) A person arrested under subsection (1) must be taken to a police station
(which may be the specified police station or any other police station)
as soon as practicable after the arrest.
(3) In subsection (1), “specified” means specified in a notice under
subsection (1) or (5) of section 30B or, if notice of change has been given
under subsection (7) of that section, in that notice.
(4) For the purposes of—
(a) section 30 (subject to the obligation in subsection (2)), and
(b) section 31,
an arrest under this section is to be treated as an arrest for an offence.”
4 Use of telephones for review of police detention
For section 40A(1) and (2) of the 1984 Act (use of telephone for review under
s.40) there is substituted—
“(1) A review under section 40(1)(b) may be carried out by means of a
discussion, conducted by telephone, with one or more persons at the
police station where the arrested person is held.
(2) But subsection (1) does not apply if—
(a) the review is of a kind authorised by regulations under section
45A to be carried out using video-conferencing facilities; and
(b) it is reasonably practicable to carry it out in accordance with
5 Limits on period of detention without charge
In section 42(1) of the 1984 Act (conditions to be satisfied before detention
without charge may be extended from 24 to 36 hours), for paragraph (b) there
“(b) an offence for which he is under arrest is an arrestable offence;
6 Property of detained persons
(1) In subsection (1) of section 54 of the 1984 Act (which requires the custody
officer at a police station to ascertain and record everything which a detained
person has with him), there is omitted “and record or cause to be recorded”.
(2) Subsection (2) of that section (which, in the case of an arrested person, requires
the record to be kept as part of his custody record) is omitted.