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Police and Justice Bill


Police and Justice Bill
Schedule 4 — Police bail
Part 2 — Police bail granted elsewhere than at police station

76

 

   

may, at the request of the person but subject to subsection (2), vary

the conditions.

(2)   

On any subsequent request made in respect of the same grant of bail,

subsection (1) confers power to vary the conditions of the bail only if

the request is based on information that, in the case of the previous

5

request or each previous request, was not available to the relevant

officer considering that previous request when he was considering it.

(3)   

Where conditions of bail granted to a person under section 30A(1)

are varied under subsection (1)—

(a)   

paragraphs (a) to (d) of section 30A(3A) apply,

10

(b)   

requirements imposed by the conditions as so varied must be

requirements that appear to the relevant officer varying the

conditions to be necessary for any of the purposes mentioned

in paragraphs (a) to (d) of section 30A(3B), and

(c)   

the relevant officer who varies the conditions must give the

15

person notice in writing of the variation.

(4)   

Power under subsection (1) to vary conditions is, subject to

subsection (3)(a) and (b), power—

(a)   

to vary or rescind any of the conditions, and

(b)   

to impose further conditions.

20

(5)   

In this section “relevant officer”, in relation to a designated police

station, means a custody officer but, in relation to any other police

station—

(a)   

means a constable, or a person designated as a staff custody

officer under section 38 of the Police Reform Act 2002, who is

25

not involved in the investigation of the offence for which the

person making the request under subsection (1) was under

arrest when granted bail under section 30A(1), if such a

constable or officer is readily available, and

(b)   

if no such constable or officer is readily available—

30

(i)   

means a constable other than the one who granted

bail to the person, if such a constable is readily

available, and

(ii)   

if no such constable is readily available, means the

constable who granted bail.

35

30CB    

Bail under section 30A: variation of conditions by court

(1)   

Where a person released on bail under section 30A(1) is on bail

subject to conditions, a magistrates’ court may, on an application by

or on behalf of the person, vary the conditions if—

(a)   

the conditions have been varied under section 30CA(1) since

40

being imposed under section 30A(3B),

(b)   

a request for variation under section 30CA(1) of the

conditions has been made and refused, or

(c)   

a request for variation under section 30CA(1) of the

conditions has been made and the period of 48 hours

45

beginning with the day when the request was made has

expired without the request having been withdrawn or the

conditions having been varied in response to the request.

 

 

Police and Justice Bill
Schedule 4 — Police bail
Part 2 — Police bail granted elsewhere than at police station

77

 

(2)   

In proceedings on an application for a variation under subsection (1),

a ground may not be relied upon unless—

(a)   

in a case falling within subsection (1)(a), the ground was

relied upon in the request in response to which the conditions

were varied under section 30CA(1), or

5

(b)   

in a case falling within paragraph (b) or (c) of subsection (1),

the ground was relied upon in the request mentioned in that

paragraph,

   

but this does not prevent the court, when deciding the application,

from considering different grounds arising out of a change in

10

circumstances that has occurred since the making of the application.

(3)   

Where conditions of bail granted to a person under section 30A(1)

are varied under subsection (1)—

(a)   

paragraphs (a) to (d) of section 30A(3A) apply,

(b)   

requirements imposed by the conditions as so varied must be

15

requirements that appear to the court varying the conditions

to be necessary for any of the purposes mentioned in

paragraphs (a) to (d) of section 30A(3B), and

(c)   

that bail shall not lapse but shall continue subject to the

conditions as so varied.

20

(4)   

Power under subsection (1) to vary conditions is, subject to

subsection (3)(a) and (b), power—

(a)   

to vary or rescind any of the conditions, and

(b)   

to impose further conditions.”

Power of arrest for breach of bail conditions

25

5     (1)  

Section 30D (failure to answer to bail under section 30A) is amended as

follows.

      (2)  

After subsection (2) there is inserted—

“(2A)   

A person who has been released on bail under section 30A may be

arrested without a warrant by a constable if the constable has

30

reasonable grounds for suspecting that the person has broken any of

the conditions of bail.

(2B)   

A person arrested under subsection (2A) must be taken to a police

station (which may be the specified police station mentioned in

subsection (1) or any other police station) as soon as practicable after

35

the arrest.”

      (3)  

In subsection (4)(a) (arrest under section 30D treated for purposes of section

30 as arrest for offence, subject to obligation in subsection (2)), for

“obligation in subsection (2)” there is substituted “obligations in subsections

(2) and (2B)”.

40

 

 

Police and Justice Bill
Schedule 4 — Police bail
Part 3 — Police bail granted at police station before charge

78

 

Part 3

Police bail granted at police station before charge

Power to impose conditions on bail granted under section 37(2) or (7)(b)

6          

In section 47(1A) (where person released on bail under Part 4, normal

powers to impose conditions of bail are available only where release is under

5

section 37(7)(a) or 38(1)), for “37(7)(a)” there is substituted “37”.

Power of arrest for breach of conditions of bail granted under section 37(2) or (7)(b)

7          

In section 46A(1A) (person released on bail under section 37(7)(a) or

37C(2)(b) may be arrested without warrant if suspected of breaking

conditions of bail), for “37(7)(a) or 37C(2)(b)” there is substituted “37,

10

37C(2)(b) or 37CA(2)(b)”.

Dealing with person arrested for breach of conditions of bail granted under section 37(7)(b)

8     (1)  

After section 37C there is inserted—

“37CA   

Breach of bail following release under section 37(7)(b)

(1)   

This section applies where a person released on bail under section

15

37(7)(b) above or subsection (2)(b) below—

(a)   

is arrested under section 46A below in respect of that bail,

and

(b)   

is being detained following that arrest at the police station

mentioned in section 46A(2) below.

20

(2)   

The person arrested—

(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

25

(2) above shall be that of a custody officer.

(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.”

      (2)  

In section 37A(1)(a) and (3) (guidance as to exercise of functions under

30

sections 37(7) and 37C(2)), after “37C(2)” there is inserted “or 37CA(2)”.

Time for person to answer bail granted under section 37(2) or (7)(b) or 37CA(2)(b)

9     (1)  

In section 37D(1) (release on bail under section 37(7)(a) or 37C(2)(b):

appointment of different or additional time to answer bail), for “37(7)(a) or

section 37C(2)(b)” there is substituted “37, 37C(2)(b) or 37CA(2)(b)”.

35

      (2)  

In the heading to section 37D, for “under section 37(7)(a)” there is

substituted “on bail under section 37”.

 

 

Police and Justice Bill
Schedule 5 — Schedule to be inserted into the Police Reform Act 2002

79

 

Dealing with person released on bail under section 37(7)(b) or 37CA(2)(b)

10    (1)  

Section 37D (release under section 37(7)(a): further provision) is amended as

follows.

      (2)  

For subsection (5) (person not fit to be dealt with as mentioned in subsection

(4) to be detained until fit) there is substituted—

5

“(4A)   

Where a person released on bail under section 37(7)(b) or 37CA(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

detention to enable him to be dealt with in accordance with section

37CA above or to enable the power under subsection (1) above to be

10

exercised.

(5)   

If the person mentioned in subsection (4) or (4A) above is not in a fit

state to enable him to be dealt with as mentioned in that subsection

or to enable the power under subsection (1) above to be exercised, he

may be kept in police detention until he is.”

15

      (3)  

In subsection (6) (application of section 37 where person detained under

section 37D)—

(a)   

after “subsection (4)” there is inserted “, (4A)”, and

(b)   

for “37(7)(a) or 37C(2)(b)” there is substituted “37(7), 37C(2)(b) or

37CA(2)(b)”.

20

Applications to court where person released on bail under section 37(2) or (7)(b) or 37CA(2)(b)

11         

In section 47(1B) and (1C) (applications to court where person on bail under

section 37(7)(a) or 37C(2)(b)), for “37(7)(a) or 37C(2)(b)” there is substituted

“37, 37C(2)(b) or 37CA(2)(b)”.

Schedule 5

25

Section 10

 

Schedule to be inserted into the Police Reform Act 2002

“Schedule 5A

Powers exercisable by accredited inspectors

Power to issue fixed penalty notices

1     (1)  

An accredited inspector whose accreditation specifies that this

30

paragraph applies to him shall have the powers specified in sub-

paragraph (2) in relation to any individual who he has reason to

believe has committed a relevant fixed penalty offence at a place

within the relevant police area.

      (2)  

The powers are the powers of a constable in uniform to give a

35

penalty notice under Chapter 1 of Part 1 of the Criminal Justice

and Police Act 2001 (fixed penalty notices in respect of offences of

disorder) so far as exercisable in respect of a relevant fixed penalty

offence.

 

 

Police and Justice Bill
Schedule 6 — Amendments to the Crime and Disorder Act 1998

80

 

Power to require giving of name and address

2     (1)  

Where an accredited inspector whose accreditation specifies that

this paragraph applies to him has reason to believe that a person

has committed a relevant fixed penalty offence in the relevant

police area, he may require the person to give him his name and

5

address.

      (2)  

A person who fails to comply with a requirement under sub-

paragraph (1) is guilty of an offence and shall be liable, on

summary conviction, to a fine not exceeding level 3 on the

standard scale.

10

Photographing of persons given fixed penalty notices

3          

An accredited inspector whose accreditation specifies that this

paragraph applies to him shall, within the relevant police area,

have the power of a constable under section 64A(1A) of the 1984

Act (photographing of suspects etc) to take a photograph,

15

elsewhere than at a police station, of a person to whom the

accredited inspector has given a penalty notice in exercise of the

powers mentioned in paragraph 1(2).

Interpretation

4          

In this Schedule—

20

“the relevant police area”, in relation to an accredited

inspector, means the police area for which the police force

whose chief officer granted his accreditation is maintained;

“relevant fixed penalty offence”, in relation to an accredited

inspector, means an offence which—

25

(a)   

is an offence contained in a provision mentioned in

the first column of the Table in section 1(1) of the

Criminal Justice and Police Act 2001, and

(b)   

is specified or described in his accreditation as an

offence he has been accredited to enforce.”

30

Schedule 6

Section 14

 

Amendments to the Crime and Disorder Act 1998

1          

The Crime and Disorder Act 1998 (c. 37) is amended as follows.

2     (1)  

Section 5 (authorities responsible for strategies) is amended as follows.

      (2)  

In subsection (1), after “functions conferred by” there is inserted “or under”.

35

      (3)  

In subsection (1A)(a), for “sections 6 to 7” there is substituted “by or under

section 6 or by section 7”.

      (4)  

In subsection (1B)(b), after “drugs” there is inserted “, alcohol and other

substances”.

 

 

Police and Justice Bill
Schedule 6 — Amendments to the Crime and Disorder Act 1998

81

 

      (5)  

After subsection (5) there is inserted—

“(6)   

The appropriate national authority may by order amend this section

by—

(a)   

adding an entry for any person or body to the list of

authorities in subsection (1),

5

(b)   

altering or repealing an entry for the time being included in

the list, or

(c)   

adding, altering or repealing provisions for the interpretation

of entries in the list.

(7)   

In this section the “appropriate national authority”, in relation to a

10

person or body, means—

(a)   

the National Assembly for Wales, if all the functions of the

person or body are devolved Welsh functions;

(b)   

the Secretary of State and the Assembly acting jointly, if the

functions of the person or body include devolved Welsh

15

functions and other functions; and

(c)   

the Secretary of State, if none of the functions of the person or

body are devolved Welsh functions.

(8)   

In subsection (7), “devolved Welsh functions” means functions

which are dischargeable only in relation to Wales and relate to

20

matters in relation to which the Assembly has functions.”

3          

For sections 6 and 6A there is substituted—

“6      

Formulation and implementation of strategies

(1)   

The responsible authorities for a local government area shall, in

accordance with section 5 and with regulations made under

25

subsection (2), formulate and implement—

(a)   

a strategy for the reduction of crime and disorder in the area

(including anti-social and other behaviour adversely

affecting the local environment); and

(b)   

a strategy for combatting the misuse of drugs, alcohol and

30

other substances in the area.

(2)   

The appropriate national authority may by regulations make further

provision as to the formulation and implementation of a strategy

under this section.

(3)   

Regulations under subsection (2) may in particular make provision

35

for or in connection with—

(a)   

the time by which a strategy must be prepared and the period

to which it is to relate;

(b)   

the procedure to be followed by the responsible authorities in

preparing and implementing a strategy (including

40

requirements as to the holding of public meetings and other

consultation);

(c)   

the conferring of functions on any one or more of the

responsible authorities in relation to the formulation and

implementation of a strategy;

45

(d)   

matters to which regard must be had in formulating and

implementing a strategy;

 

 

Police and Justice Bill
Schedule 6 — Amendments to the Crime and Disorder Act 1998

82

 

(e)   

objectives to be addressed in a strategy and performance

targets in respect of those objectives;

(f)   

the sharing of information between responsible authorities;

(g)   

the publication and dissemination of a strategy;

(h)   

the preparation of reports on the implementation of a

5

strategy.

(4)   

The provision which may be made under subsection (2) includes

provision for or in connection with the conferring of functions on a

committee of, or a particular member or officer of, any of the

responsible authorities.

10

(5)   

The matters referred to in subsection (3)(d) may in particular include

guidance given by the appropriate national authority in connection

with the formulation or implementation of a strategy.

(6)   

Provision under subsection (3)(e) may require a strategy to be

formulated so as to address (in particular)—

15

(a)   

the reduction of crime or disorder of a particular description;

or

(b)   

the combatting of a particular description of misuse of drugs,

alcohol or other substances.

(7)   

Regulations under this section may make—

20

(a)   

different provision for different local government areas;

(b)   

supplementary or incidental provision.

(8)   

For the purposes of this section any reference to the implementation

of a strategy includes—

(a)   

keeping it under review for the purposes of monitoring its

25

effectiveness; and

(b)   

making any changes to it that appear necessary or expedient.

(9)   

In this section the “appropriate national authority” is—

(a)   

the Secretary of State, in relation to strategies for areas in

England;

30

(b)   

the National Assembly for Wales, in relation to strategies for

combatting the misuse of drugs, alcohol or other substances

in areas in Wales;

(c)   

the Secretary of State and the Assembly acting jointly, in

relation to strategies for combatting crime and disorder in

35

areas in Wales.”

4     (1)  

Section 17 (duty to consider crime and disorder implications) is amended as

follows.

      (2)  

In subsection (1), for “crime and disorder in its area” there is substituted—

“(a)   

crime and disorder in its area (including anti-social and

40

other behaviour adversely affecting the local

environment); and

(b)   

the misuse of drugs, alcohol and other substances in its

area.”

      (3)  

For subsection (2) there is substituted—

45

“(2)   

This section applies to each of the following—

 

 

 
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