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14 Appeals to High Court | |
(1) In section 22(1) of the Criminal Justice Act 1967 (c. 80) (extension of power of | |
High Court to grant, or vary conditions of, bail)— | |
(a) after “Where” there is inserted “(a)”, and | |
(b) after “proceedings,”, in the second place where it occurs, there is | 5 |
inserted “and | |
(b) it does so where an application to the court to state a case | |
for the opinion of the High Court is made,”. | |
(2) The inherent power of the High Court to entertain an application in relation to | |
bail where a magistrates’ court— | 10 |
(a) has granted or withheld bail, or | |
(b) has varied the conditions of bail, | |
is abolished. | |
(3) The inherent power of the High Court to entertain an application in relation to | |
bail where the Crown Court has determined— | 15 |
(a) an application under section 3(8) of the 1976 Act, or | |
(b) an application under section 81(1)(a), (b), (c) or (g) of the Supreme | |
Court Act 1981 (c. 54), | |
is abolished. | |
(4) The High Court is to have no power to entertain an application in relation to | 20 |
bail where the Crown Court has determined an appeal under section 13 of this | |
Act. | |
(5) The High Court is to have no power to entertain an application in relation to | |
bail where the Crown Court— | |
(a) has granted or withheld bail, or | 25 |
(b) has varied the conditions of bail, | |
under section 76 or 77 of this Act. | |
(6) Nothing in this section affects— | |
(a) any other power of the High Court to grant or withhold bail or to vary | |
the conditions of bail, or | 30 |
(b) any right of a person to apply for a writ of habeas corpus or any other | |
prerogative remedy. | |
(7) Any reference in this section to an application in relation to bail is to be read as | |
including— | |
(a) an application for bail to be granted, | 35 |
(b) an application for bail to be withheld, or | |
(c) an application for the conditions of bail to be varied. | |
(8) Any reference in this section to the withholding of bail is to be read as | |
including a reference to the revocation of bail. | |
15 Appeal by prosecution | 40 |
(1) Section 1 of the Bail (Amendment) Act 1993 (c. 26) (prosecution right of appeal) | |
is amended as follows. | |
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(2) For subsection (1) (prosecution may appeal to Crown Court judge against bail | |
in case of offence punishable by imprisonment for five years or more etc) there | |
is substituted— | |
“(1) Where a magistrates’ court grants bail to a person who is charged with, | |
or convicted of, an offence punishable by imprisonment, the | 5 |
prosecution may appeal to a judge of the Crown Court against the | |
granting of bail.” | |
(3) In subsection (10)(a) for “punishable by a term of imprisonment” there is | |
substituted “punishable by imprisonment”. | |
16 Drug users: restriction on bail | 10 |
(1) The 1976 Act is amended as follows. | |
(2) In section 3 (general provisions), after subsection (6B) there is inserted— | |
“(6C) Subsection (6D) below applies where— | |
(a) the court has been notified by the Secretary of State that | |
arrangements for conducting a relevant assessment or, as the | 15 |
case may be, providing relevant follow-up have been made for | |
the petty sessions area in which it appears to the court that the | |
person referred to in subsection (6D) would reside if granted | |
bail; and | |
(b) the notice has not been withdrawn. | 20 |
(6D) In the case of a person (“P”)— | |
(a) in relation to whom paragraphs (a) to (c) of paragraph 6B(1) of | |
Schedule 1 to this Act apply; | |
(b) who, after analysis of the sample referred to in paragraph (b) of | |
that paragraph, has been offered a relevant assessment or, if a | 25 |
relevant assessment has been carried out, has had relevant | |
follow-up proposed to him; and | |
(c) who has agreed to undergo the relevant assessment or, as the | |
case may be, to participate in the relevant follow-up, | |
the court, if it grants bail, shall impose as a condition of bail that P both | 30 |
undergo the relevant assessment and participate in any relevant | |
follow-up proposed to him or, if a relevant assessment has been carried | |
out, that P participate in the relevant follow-up. | |
(6E) In subsections (6C) and (6D) above— | |
(a) “relevant assessment” means an assessment conducted by a | 35 |
suitably qualified person of whether P is dependent upon or has | |
a propensity to misuse any specified Class A drugs; | |
(b) “relevant follow-up” means, in a case where the person who | |
conducted the relevant assessment believes P to have such a | |
dependency or propensity, such further assessment, and such | 40 |
assistance or treatment in connection with the dependency or | |
propensity, as the person who conducted the relevant | |
assessment (or conducts any later assessment) considers to be | |
appropriate in P’s case, | |
and in paragraph (a) above “Class A drug” and “misuse” have the same | 45 |
meaning as in the Misuse of Drugs Act 1971, and “specified” (in relation | |
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to a Class A drug) has the same meaning as in Part 3 of the Criminal | |
Justice and Court Services Act 2000.” | |
(6F) In subsection (6E)(a) above, “suitably qualified person” means a person | |
who has such qualifications or experience as are from time to time | |
specified by the Secretary of State for the purposes of this subsection. | 5 |
(3) In section 3A(3) (conditions of bail in case of police bail), for “, (6A) and (6B)” | |
there is substituted “ and (6A) to (6F)”. | |
(4) In Schedule 1 (which contains supplementary provisions about bail), in Part 1 | |
(imprisonable offences)— | |
(a) the existing text of paragraph 2 is to be sub-paragraph (1) of that | 10 |
paragraph, and after that sub-paragraph (as so re-numbered) there is | |
inserted— | |
“(2) If the defendant falls within paragraph 6B below, the court | |
shall determine whether or not it is satisfied as mentioned in | |
paragraph 6A below before turning (if it is so satisfied) to this | 15 |
paragraph.”, | |
(b) after paragraph 6 there is inserted— | |
“Exception applicable to drug users in certain areas | |
6A Subject to paragraph 6C below, a defendant who falls within | |
paragraph 6B below may not be granted bail unless the court | 20 |
is satisfied that there is no significant risk of his committing | |
an offence while on bail; but this does not require the court, if | |
so satisfied, to grant bail (disregarding other considerations). | |
6B (1) A defendant falls within this paragraph if— | |
(a) he is aged 18 or over; | 25 |
(b) a sample taken— | |
(i) under section 63B of the Police and Criminal | |
Evidence Act 1984 (testing for presence of | |
Class A drugs) in connection with the offence; | |
or | 30 |
(ii) under section 146 of the Criminal Justice Act | |
2003 (drug testing after conviction of an | |
offence but before sentence), | |
has revealed the presence in his body of a specified | |
Class A drug; | 35 |
(c) either the offence is one under section 5(2) or (3) of the | |
Misuse of Drugs Act 1971 and relates to a specified | |
Class A drug, or the court is satisfied that there are | |
substantial grounds for believing— | |
(i) that misuse by him of any specified Class A | 40 |
drug caused or contributed to the offence; or | |
(ii) (even if it did not) that the offence was | |
motivated wholly or partly by his intended | |
misuse of such a drug; and | |
(d) the condition set out in sub-paragraph (2) below is | 45 |
satisfied or (if the court is considering on a second or | |
subsequent occasion whether or not to grant bail) has | |
been, and continues to be, satisfied. | |
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(2) The condition referred to is that after the taking and analysis | |
of the sample— | |
(a) a relevant assessment has been offered to the | |
defendant but he does not agree to undergo it; or | |
(b) he has undergone a relevant assessment, and relevant | 5 |
follow-up has been proposed to him, but he does not | |
agree to participate in it. | |
(3) In this paragraph and paragraph 6C below— | |
(a) “Class A drug” and “misuse” have the same meaning | |
as in the Misuse of Drugs Act 1971; | 10 |
(b) “relevant assessment” and “relevant follow-up” have | |
the meaning given by section 3(6E) of this Act; | |
(c) “specified” (in relation to a Class A drug) has the | |
same meaning as in Part 3 of the Criminal Justice and | |
Court Services Act 2000. | 15 |
6C Paragraph 6A above does not apply unless— | |
(a) the court has been notified by the Secretary of State | |
that arrangements for conducting a relevant | |
assessment or, as the case may be, providing relevant | |
follow-up have been made for the petty sessions area | 20 |
in which it appears to the court that the defendant | |
would reside if granted bail; and | |
(b) the notice has not been withdrawn.”, | |
(c) in paragraph 8(1), for “(4) to (7)” there is substituted “(4) to (6B) or (7)”, | |
and | 25 |
(d) in paragraph 9, before “of this Part” there is inserted “, or in deciding | |
whether it is satisfied as mentioned in paragraph 6A,”. | |
17 Interpretation of Part 2 | |
In this Part— | |
“bail” means bail in criminal proceedings (within the meaning of the 1976 | 30 |
Act), | |
“bail hostel” has the meaning given by section 2(2) of the 1976 Act, | |
“the 1976 Act” means the Bail Act 1976 (c. 63), | |
“vary” has the same meaning as in the 1976 Act. | |
Part 3 | 35 |
Conditional cautions | |
18 Conditional cautions | |
(1) An authorised person may give a conditional caution to a person aged 18 or | |
over (“the offender”) if each of the five requirements in section 19 is satisfied. | |
(2) In this Part “conditional caution” means a caution which is given in respect of | 40 |
an offence committed by the offender and which has conditions attached to it | |
with which the offender must comply. | |
(3) The conditions which may be attached to such a caution are those which have | |
either or both of the following objects— | |
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(a) ensuring or facilitating the rehabilitation of the offender, | |
(b) ensuring that he makes reparation for the offence. | |
(4) In this Part “authorised person” means— | |
(a) a constable, | |
(b) an investigating officer, or | 5 |
(c) a person authorised by Director of Public Prosecutions for the purposes | |
of this section. | |
19 The five requirements | |
(1) The first requirement is that the authorised person has evidence that the | |
offender has committed an offence. | 10 |
(2) The second requirement is that the Director of Public Prosecutions decides— | |
(a) that there is sufficient evidence to charge the offender with the offence, | |
and | |
(b) that a conditional caution should be given to the offender in respect of | |
the offence. | 15 |
(3) The third requirement is that the offender admits to the authorised person that | |
he committed the offence. | |
(4) The fourth requirement is that the authorised person explains the effect of the | |
conditional caution to the offender and warns him that failure to comply with | |
any of the conditions attached to the caution may result in his being prosecuted | 20 |
for the offence. | |
(5) The fifth requirement is that the offender signs a document which contains— | |
(a) details of the offence, | |
(b) an admission by him that he committed the offence, | |
(c) his consent to being given the conditional caution, and | 25 |
(d) the conditions attached to the caution. | |
20 Failure to comply with conditions | |
(1) If the offender fails, without reasonable excuse, to comply with any of the | |
conditions attached to the conditional caution, criminal proceedings may be | |
instituted against the person for the offence in question. | 30 |
(2) The document mentioned in section 19(5) is to be admissible in such | |
proceedings. | |
(3) Where such proceedings are instituted, the conditional caution is to cease to | |
have effect. | |
21 Code of practice | 35 |
(1) The Secretary of State must prepare a code of practice in relation to conditional | |
cautions. | |
(2) The code may, in particular, include provision as to— | |
(a) the circumstances in which conditional cautions may be given, | |
(b) the procedure to be followed in connection with the giving of such | 40 |
cautions, | |
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(c) the conditions which may be attached to such cautions and the time for | |
which they may have effect, | |
(d) the category of constable or investigating officer by whom such | |
cautions may be given, | |
(e) the persons who may be authorised by the Director of Public | 5 |
Prosecutions for the purposes of section 18, | |
(f) the form which such cautions are to take and the manner in which they | |
are to be given and recorded, | |
(g) the places where such cautions may be given, and | |
(h) the monitoring of compliance with conditions attached to such | 10 |
cautions. | |
(3) After preparing a draft of the code the Secretary of State— | |
(a) must publish the draft, | |
(b) must consider any representations made to him about the draft, and | |
(c) may amend the draft accordingly, | 15 |
but he may not publish or amend the draft without the consent of the Attorney | |
General. | |
(4) After the Secretary of State has proceeded under subsection (3) he must lay the | |
code before each House of Parliament. | |
(5) When he has done so he may bring the code into force by order. | 20 |
(6) The Secretary of State may from time to time revise a code of practice brought | |
into force under this section. | |
(7) Subsections (3) to (6) are to apply (with appropriate modifications) to a revised | |
code as they apply to an original code. | |
22 Interpretation of Part 3 | 25 |
In this Part— | |
“authorised person” has the meaning given by section 18(4), | |
“conditional caution” has the meaning given by section 18(2), | |
“investigating officer” means a person designated as an investigating | |
officer under section 38 of the Police Reform Act 2002 (c. 30), | 30 |
“the offender” has the meaning given by section 18(1). | |
Part 4 | |
Charging etc | |
23 Charging or release of persons in police detention | |
Schedule 2 (which makes provision in relation to the charging or release of | 35 |
persons in police detention) shall have effect. | |
24 New method of instituting proceedings | |
(1) A public prosecutor may institute criminal proceedings against a person by | |
issuing a document (a “written charge”) which charges the person with an | |
offence. | 40 |
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(2) Where a public prosecutor issues a written charge, it must at the same time | |
issue a document (a “requisition”) which requires the person to appear before | |
a magistrates’ court to answer the written charge. | |
(3) The written charge and requisition must be served on the person concerned, | |
and a copy of both must be served on the court named in the requisition. | 5 |
(4) In consequence of subsections (1) to (3), a public prosecutor is not to have the | |
power to lay an information for the purpose of obtaining the issue of a | |
summons under section 1 of the Magistrates’ Courts Act 1980 (c. 43). | |
(5) In this section ”public prosecutor” means— | |
(a) a police force or a person authorised by a police force to institute | 10 |
criminal proceedings, | |
(b) the Director of the Serious Fraud Office or a person authorised by him | |
to institute criminal proceedings, | |
(c) the Director of Public Prosecutions or a person authorised by him to | |
institute criminal proceedings, | 15 |
(d) the Attorney General or a person authorised by him to institute | |
criminal proceedings, | |
(e) a Secretary of State or a person authorised by a Secretary of State to | |
institute criminal proceedings, | |
(f) the Commissioners of Inland Revenue or a person authorised by them | 20 |
to institute criminal proceedings, | |
(g) the Commissioners of Customs and Excise or a person authorised by | |
them to institute criminal proceedings, or | |
(h) a person specified in an order made by the Secretary of State for the | |
purposes of this section or a person authorised by such a person to | 25 |
institute criminal proceedings. | |
(6) In subsection (5) “police force” has the meaning given by section 3(3) of the | |
Prosecution of Offences Act 1985 (c. 23). | |
25 Further provision about new method | |
(1) Rules under section 144 of the Magistrates’ Courts Act 1980 may make— | 30 |
(a) provision as to the form, content, recording, authentication and service | |
of written charges or requisitions, and | |
(b) such other provision in relation to written charges or requisitions as | |
appears to the Lord Chancellor to be necessary or expedient. | |
(2) Without limiting subsection (1), the provision which may be made by virtue of | 35 |
that subsection includes provision— | |
(a) which applies (with or without modifications), or which disapplies, the | |
provision of any enactment relating to the service of documents, | |
(b) for or in connection with the issue of further requisitions. | |
(3) Nothing in subsection (1) or (2) is to be taken as affecting the generality of | 40 |
section 144(1) of that Act. | |
(4) Nothing in section 24 affects— | |
(a) the power of a public prosecutor to lay an information for the purpose | |
of obtaining the issue of a warrant under section 1 of the Magistrates’ | |
Courts Act 1980, | 45 |
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