House of Commons Hansard Debates for 19 May 2003 (pt 39)

'or specified team of customs and excise officers'.—[Paul Goggins.]

Clause 74

Urgent Investigative Steps

Amendments made: No. 378, in page 48, line 6, 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

(c) either—

(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—'.
No. 379, in page 48, line 28, 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.'.
No. 380, in page 48, line 29, leave out '(2)' and insert '(1B)'.
No. 381, in page 48, line 32, 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.'.—[Paul Goggins.]

Clause 75

Arrest and Charge

Amendments made: No. 382, in page 48, line 35, 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—

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(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.'
No. 383, in page 49, line 1, leave out from first 'of' to 'there' in line 2 and insert 'that Part'.
No. 384, in page 49, line 4, after 'above' insert

'(who has not been directly involved in the investigation)'.
No. 385, in page 49, line 15 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)".'.
—[Paul Goggins.]

19 May 2003 : Column 809

Clause 76

Bail and Custody Before Application

Amendments made: No. 386, in page 49, line 17, 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'.