|
Mr Secretary Blunkett
368
Page 43, line 41 [Clause 68], at end insert ', charging him with the offence to which it relates or, if he has been charged with it in accordance with section 75(3), stating that he has been so charged.'.
Mr Secretary Blunkett
369
Page 43, line 41 [Clause 68], at end insert—
'(2A) Subsection (2) applies whether the person to whom the application relates is in the United Kingdom or elsewhere, but the Court of Appeal may, on application by the prosecutor, extend the time for service under that subsection if it considers it necessary to do so because of that person's absence from the United Kingdom.'.
Mr Secretary Blunkett
370
Page 44, line 1 [Clause 68], after 'relates' insert '(a)'.
Mr Secretary Blunkett
371
Page 44, line 2 [Clause 68], at end insert 'unless he is in custody elsewhere than in England and Wales or Northern Ireland, and
| (b) | is entitled to be represented at the hearing, whether he is present or not.'. |
Mr Secretary Blunkett
372
Page 44, line 31, leave out Clause 70.
Mr Secretary Blunkett
373
Page 45, line 26, leave out Clause 71.
Mr Secretary Blunkett
470
Page 46, line 32 [Clause 72], leave out 'England and Wales or Scotland' and insert 'the United Kingdom'.
Mr Secretary Blunkett
471
Page 47, line 8 [Clause 73], leave out 'England and Wales' and insert 'proceedings within section 63(1)'.
Mr Secretary Blunkett
472
Page 47, line 9 [Clause 73], leave out 'England and Wales or Scotland' and insert 'the United Kingdom'.
Mr Secretary Blunkett
374
Page 47, line 11 [Clause 73], after 'Kingdom' insert 'or elsewhere'.
Mr Secretary Blunkett
375
Page 47, line 30 [Clause 73], leave out paragraphs (a) and (b) and insert 'an officer who—
| (a) | if he is an officer of the metropolitan police force or the City of London police force, is of the rank of commander or above, |
| (b) | in any other case, is of the rank of assistant chief constable or above.'. |
Mr Secretary Blunkett
376
Page 47, line 35 [Clause 73], leave out paragraphs (a) and (b) and insert—
| '(a) | he is satisfied that new evidence has been obtained which would be relevant to an application under section 64(1) or (2) in respect of the qualifying offence to which the investigation relates, or |
| (b) | he has reasonable grounds for believing that such new evidence is likely to be obtained as a result of the investigation.'. |
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
61
Page 47, line 44 [Clause 73], leave out 'and'.
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
62
Page 47, line 45 [Clause 73], at end insert ', and
| (c) | has sought leave from a judge of the Crown Court on an ex-parte application.'. |
Mr Secretary Blunkett
377
Page 48, line 3 [Clause 73], at end insert 'or specified team of customs and excise officers'.
Mr Secretary Blunkett
378
Page 48, line 6 [Clause 74], leave out from 'investigation' to end of line 23 and insert 'if—
| (a) | the action is necessary as a matter of urgency to prevent the investigation being substantially and irrevocably prejudiced, |
| (b) | the requirements of subsection (1A) are met, and |
| (i) | the action is authorised under subsection (1B), or |
| (ii) | the requirements of subsection (8) are met. |
(1A) The requirements of this subsection are met if—'.
Mr Secretary Blunkett
379
Page 48, line 28 [Clause 74], at end insert—
'(1B) An officer of the rank of superintendent or above may authorise the action if—
| (a) | he is satisfied that new evidence has been obtained which would be relevant to an application under section 64(1) or (2) in respect of the qualifying offence to which the investigation relates, or |
| (b) | he has reasonable grounds for believing that such new evidence is likely to be obtained as a result of the investigation.'. |
Mr Secretary Blunkett
380
Page 48, line 29 [Clause 74], leave out '(2)' and insert '(1B)'.
Mr Secretary Blunkett
381
Page 48, line 32 [Clause 74], at end insert—
'(8) The requirements of this subsection are met if—
| (a) | there has been no undue delay in applying for authorisation under subsection (1B), |
| (b) | that authorisation has not been refused, and |
| (c) | taking into account the urgency of the situation, it is not reasonably practicable to obtain that authorisation before taking the action. |
(9) Where the requirements of subsection (8) are met, the action is nevertheless to be treated as having been unlawful unless, as soon as reasonably practicable after the action is taken, an officer of the rank of superintendent or above certifies in writing that he is satisfied that, when the action was taken—
| (a) | new evidence had been obtained which would be relevant to an application under section 64(1) or (2) in respect of the qualifying offence to which the investigation relates, or |
| (b) | the officer who took the action had reasonable grounds for believing that such new evidence was likely to be obtained as a result of the investigation.'. |
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—
| (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"; |
| (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; |
| (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)".'.
|
