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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”. | |
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”. | |
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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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).” | |
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 and on bail for the purpose | |
of enabling the Director of Public Prosecutions to make a | |
decision under section 37B below, | |
(b) shall be released without charge and on bail but not for that | |
purpose, | 15 |
(c) shall be released without charge and without bail, or | |
(d) shall be charged.” | |
(3) After that subsection there is inserted— | |
“(7A) The decision as to how a person is to be dealt with under subsection | |
(7) above shall be that of the custody officer. | 20 |
(7B) 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 a decision | |
under section 37B below.” | |
(4) In subsection (8)(a) after “(7)(b)” there is inserted “or (c)”. | 25 |
3 After that section there is inserted— | |
“37A Guidance | |
(1) The Director of Public Prosecutions may issue guidance— | |
(a) for the purpose of enabling custody officers to decide how | |
persons should be dealt with under section 37(7) above or | 30 |
37C(2) below, and | |
(b) as to the information to be sent to the Director of Public | |
Prosecutions under section 37B(1) below. | |
(2) The Director of Public Prosecutions may from time to time revise | |
guidance issued under this section. | 35 |
(3) Custody officers are to have regard to guidance under this section in | |
deciding how persons should be dealt with under section 37(7) | |
above or 37C(2) below. | |
(4) A report under section 9 of the Prosecution of Offences Act 1985 | |
(report by DPP to Attorney General) must set out the provisions of | 40 |
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(4) 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 | 5 |
(b) any revisions made to such guidance. | |
(6) Guidance under this section may make different provision for | |
different cases, circumstances or areas. | |
37B Consultation with the Director of Public Prosecutions | |
(1) Where a person is released on bail under section 37(7)(a) above, an | 10 |
officer involved in the investigation of the offence shall, as soon as is | |
practicable, send to the Director of Public Prosecutions such | |
information as may be specified in guidance under section 37A | |
above. | |
(2) The Director of Public Prosecutions shall decide whether there is | 15 |
sufficient evidence to charge the person with an offence. | |
(3) If he decides that there is sufficient evidence to charge the person | |
with an offence, he shall decide— | |
(a) whether or not the person should be charged and, if so, the | |
offence with which he should be charged, and | 20 |
(b) whether or not the person should be given a caution and, if | |
so, the offence in respect of which he should be given a | |
caution. | |
(4) The Director of Public Prosecutions shall give written notice of his | |
decision to an officer involved in the investigation of the offence. | 25 |
(5) If his decision is— | |
(a) that there is not sufficient evidence to charge the person with | |
an offence, or | |
(b) that there is sufficient evidence to charge the person with an | |
offence but that the person should not be charged with an | 30 |
offence or given a caution in respect of an offence, | |
a custody officer shall give the person notice in writing that he is not | |
to be prosecuted. | |
(6) If the decision of the Director of Public Prosecutions is that the | |
person should be charged with an offence, or given a caution in | 35 |
respect of an offence, the person shall be charged or cautioned | |
accordingly. | |
(7) But if his decision is that the person should be given a caution in | |
respect of the offence and it proves not to be possible to give the | |
person such a caution, he shall instead be charged with the offence. | 40 |
(8) For the purposes of this section, a person is to be charged with an | |
offence either— | |
(a) when he is in police detention after returning to a police | |
station to answer bail or is otherwise in police detention at a | |
police station, or | 45 |
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(b) in accordance with section 24 of the Criminal Justice Act 2003. | |
(9) In this section “caution” includes— | |
(a) a conditional caution within the meaning of Part 3 of the | |
Criminal Justice Act 2003, and | |
(b) a warning or reprimand under section 65 of the Crime and | 5 |
Disorder Act 1998. | |
37C Breach of bail following release under section 37(7)(a) | |
(1) This section applies where— | |
(a) a person released on bail under section 37(7)(a) above or | |
subsection (2)(b) below is arrested under section 46A below | 10 |
in respect of that bail, and | |
(b) at the time of his detention following that arrest at the police | |
station mentioned in section 46A(2) below, notice under | |
section 37B(4) above has not been given. | |
(2) The person arrested— | 15 |
(a) shall be charged, or | |
(b) shall be released without charge, either on bail or without | |
bail. | |
(3) The decision as to how a person is to be dealt with under subsection | |
(2) above shall be that of a custody officer. | 20 |
(4) A person released on bail under subsection (2)(b) above shall be | |
released on bail subject to the same conditions (if any) which applied | |
immediately before his arrest. | |
37D Release under section 37(7)(a): further provision | |
(1) Where a person is released on bail under section 37(7)(a) or section | 25 |
37C(2)(b) above, a custody officer may subsequently appoint a | |
different time, or a an additional time, at which the person is to | |
attend at the police station to answer bail. | |
(2) The custody officer shall give the person notice in writing of the | |
exercise of the power under subsection (1). | 30 |
(3) The exercise of the power under subsection (1) shall not affect the | |
conditions (if any) to which bail is subject. | |
(4) Where a person released on bail under section 37(7)(a) or 37C(2)(b) | |
above returns to a police station to answer bail or is otherwise in | |
police detention at a police station, he may be kept in police | 35 |
detention to enable him to be dealt with in accordance with section | |
37B or 37C above or to enable the power under subsection (1) above | |
to be exercised. | |
(5) If the person is not in a fit state to enable him to be so dealt with or to | |
enable that power to be exercised, he may be kept in police detention | 40 |
until he is. | |
(6) Where a person is kept in police detention by virtue of subsection (4) | |
or (5) above, section 37(1) to (3) and (7) above (and section 40(8) | |
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(6) below so far as it relates to section 37(1) to (3)) shall not apply to the | |
offence in connection with which he was released on bail under | |
section 37(7)(a) or 37C(2)(b) above.” | |
4 In section 40 (review of police detention) in subsection (9) after “37(9)” there | |
is inserted “or 37D(6) above”. | 5 |
5 In section 46A (power of arrest for failure to answer police bail) after | |
subsection (1) insert— | |
“(1A) A person who has been released on bail under section 37(7)(a) or | |
37C(2)(b) above may be arrested without warrant by a constable if | |
the constable has reasonable grounds for suspecting that the person | 10 |
has broken any of the conditions of bail.” | |
6 (1) Section 47 (bail after arrest) is amended as follows. | |
(2) In subsection (1) (release on bail under Part 4 shall be release on bail granted | |
in accordance with certain provisions of the Bail Act 1976) for “Subject to | |
subsection (2) below” there is substituted “Subject to the following | 15 |
provisions of this section”. | |
(3) In subsection (1A) (bail conditions may be imposed when a person is | |
released under section 38(1)) after “section”, in the first place where it occurs, | |
there is inserted “37(7)(a) or section”. | |
(4) After that subsection there is inserted— | 20 |
“(1B) No application may be made under section 5B of the Bail Act 1976 if | |
a person is released on bail under section 37(7)(a) or 37C(2)(b) above. | |
(1C) Subsections (1D) to (1F) below apply where a person released on bail | |
under section 37(7)(a) or 37C(2)(b) above is on bail subject to | |
conditions. | 25 |
(1D) The person shall not be entitled to make an application under section | |
43B of the Magistrates’ Courts Act 1980. | |
(1E) A magistrates’ court may, on an application by or on behalf of the | |
person, vary the conditions of bail; and in this subsection “vary” has | |
the same meaning as in the Bail Act 1976. | 30 |
(1F) Where a magistrates’ court varies the conditions of bail under | |
subsection (1E) above, that bail shall not lapse but shall continue | |
subject to the conditions as so varied.” | |
Schedule 3 | |
Section 35 | |
Allocation of cases triable either way, and sending cases to the Crown Court | 35 |
etc | |
Magistrates’ Courts Act 1980 (c. 43) | |
1 The Magistrates’ Courts Act 1980 is amended as follows. | |
2 (1) Section 17A (initial indication as to plea) is amended as follows. | |
(2) For paragraph (b) of subsection (4) there is substituted— | 40 |
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