Vote Bundle Text (930513-09)

Amendments proposed to the Criminal Justice Bill, As Amended - continued	House of Commons

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Mr Secretary Blunkett

382

Page 48, line 35 [Clause 75], leave out subsections (1) and (2) and insert—

'(1) Where section 73 applies to the investigation of the commission of an offence by any person and no certification has been given under subsection (2) of that section—

(a)	a justice of the peace may issue a warrant to arrest that person for that offence only if satisfied by written information that new evidence has been obtained which would be relevant to an application under section 64(1) or (2) in respect of the commission by that person of that offence, and

(b)	that person may not be arrested for that offence except under a warrant so issued.

(2) Subsection (1) does not affect section 77(3)(b) or (Revocation of bail)(3), or any other power to arrest a person, or to issue a warrant for the arrest of a person, otherwise than for an offence.

(2A) Part 4 of the 1984 Act (detention) applies as follows where a person—

(a)	is arrested for an offence under a warrant issued in accordance with subsection (1)(a), or

(b)	having been so arrested, is subsequently treated under section 34(7) of that Act as arrested for that offence.'

Mr Secretary Blunkett

383

Page 49, line 1 [Clause 75], leave out from first 'of' to 'there' in line 2 and insert 'that Part'.

Mr Secretary Blunkett

384

Page 49, line 4 [Clause 75], after 'above' insert '(who has not been directly involved in the investigation)'.

Mr Secretary Blunkett

385

Page 49, line 15 [Clause 75], at end insert—

'(5) Section 37 of that Act (including any provision of that section as applied by section 40(8) of that Act) has effect subject to the following modifications—

(a)	in subsection (1)—

(i)	for "determine whether he has before him" there is substituted "request an officer of the rank of superintendent or above (who has not been directly involved in the investigation) to determine, in accordance with section 75(3) of the Criminal Justice Act 2003, whether there is";

(ii)	for "him to do so" there is substituted "that determination to be made";

(b)	in subsection (2)—

(i)	for the words from "custody officer determines" to "before him" there is substituted "officer determines that there is not such sufficient evidence";

(ii)	the word "custody" is omitted from the second place where it occurs;

(c)	in subsection (3)—

(i)	the word "custody" is omitted;

(ii)	after "may" there is inserted "direct the custody officer to";

(d)

in subsection (7) for the words from "the custody officer" to the end of that subsection there is substituted "an officer of the rank of superintendent or above (who has not been directly involved in the investigation) determines, in accordance with section 75(3) of the Criminal Justice Act 2003, that there is sufficient evidence to charge the person arrested with the offence for which he was arrested, the person arrested shall be charged.";

(e)	subsections (7A), (7B) and (8) do not apply;

(f)	after subsection (10) there is inserted—

"(10A) The officer who is requested by the custody officer to make a determination under subsection (1) above shall make that determination as soon as practicable after the request is made.".

(6) Section 40 of that Act has effect as if in subsections (8) and (9) of that section after "(6)" there were inserted "and (10A)".

(7) Section 42 of that Act has effect as if in subsection (1) of that section for the words from "who" to "detained" there were substituted "(who has not been directly involved in the investigation)".'.

Mr Secretary Blunkett

386

Page 49, line 17 [Clause 76], leave out from beginning to 'must' and insert—

'(1) In relation to a person charged in accordance with section 75(3)—

(a)	section 38 of the 1984 Act (including any provision of that section as applied by section 40(10) of that Act) has effect as if, in subsection (1), for "either on bail or without bail" there were substituted "on bail",

(b)

section 47(3) of that Act does not apply and references in section 38 of that Act to bail are references to bail subject to a duty to appear before the Crown Court at such place as the custody officer may appoint and at such time, not later than 24 hours after the person is released, as that officer may appoint, and

(c)	section 43B of the Magistrates' Courts Act 1980 (c.43) does not apply.

(1A) Where such a person is, after being charged—

(a)	kept in police detention, or

(b)	detained by a local authority in pursuance of arrangements made under section 38(6) of the 1984 Act,

he'.

Mr Secretary Blunkett

387

Page 49, line 19 [Clause 76], leave out from first 'and' to 'not' in line 20 and insert 'section 46 of the 1984 Act does'.

Mr Secretary Blunkett

388

Page 49, line 21 [Clause 76], after '(1)' insert 'or (1A)'.

Mr Secretary Blunkett

389

Page 49, line 28 [Clause 76], after 'is' insert 'to appear before the Crown Court as mentioned in subsection (1) or, where subsection (1A) applies, is'.

Mr Secretary Blunkett

390

Page 49, line 29 [Clause 76], at beginning insert 'Where a person appears or is brought before the Crown Court in accordance with subsection (1) or (1A),'.

Mr Secretary Blunkett

391

Page 49, line 30 [Clause 76], leave out ', with such conditions as it sees fit,'.

Mr Secretary Blunkett

392

Page 49, line 31 [Clause 76], leave out 'before the Crown Court'.

Mr Secretary Blunkett

393

Page 49, line 32 [Clause 76], after '68(2)' insert 'before the Court of Appeal at the hearing of that application'.

Mr Secretary Blunkett

394

Page 49, line 35 [Clause 76], leave out subsection (4).

Mr Secretary Blunkett

395

Page 49, line 37 [Clause 76], leave out from 'may' to 'revoke' in line 39.

Mr Secretary Blunkett

396

Page 49, line 41 [Clause 76], leave out subsection (6) and insert—

'(6A) In subsection (6B) the "relevant period", in relation to a person granted bail or remanded in custody under subsection (3), means—

(a)	the period of 42 days beginning with the day on which he is granted bail or remanded in custody under that subsection, or

(b)	that period as extended or further extended under subsection (7).

(6B) If at the end of the relevant period no notice of an application under section 64(1) or (2) in relation to the person has been given under section 68(1), the person—

(a)	if on bail subject to a duty to appear as mentioned in subsection (3)(a), ceases to be subject to that duty and to any conditions of that bail, and