|
| |
|
| may, at the request of the person but subject to subsection (2), vary |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
| 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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
| |
| 40 |
|
| |
|
| |
|
| |
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, |
| |
| |
(b) | is being detained following that arrest at the police station |
| |
mentioned in section 46A(2) below. |
| 20 |
| |
| |
(b) | shall be released without charge, either on bail or without |
| |
| |
(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”. |
| |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| 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)”. |
| |
| 25 |
| |
Schedule to be inserted into the Police Reform Act 2002 |
| |
| |
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 |
| |
| |
|
| |
|
| |
|
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 |
| |
(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 |
| |
| 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). |
| |
| |
| 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 |
| |
| |
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 |
| |
| |
|
| |
|
| |
|
(5) | After subsection (5) there is inserted— |
| |
“(6) | The appropriate national authority may by order amend this section |
| |
| |
(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 |
| |
| |
(c) | adding, altering or repealing provisions for the interpretation |
| |
| |
(7) | In this section the “appropriate national authority”, in relation to a |
| 10 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| 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; |
| |
| |
(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 |
| |
| |
(a) | keeping it under review for the purposes of monitoring its |
| 25 |
| |
(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 |
| |
| 30 |
(b) | the National Assembly for Wales, in relation to strategies for |
| |
combatting the misuse of drugs, alcohol or other substances |
| |
| |
(c) | the Secretary of State and the Assembly acting jointly, in |
| |
relation to strategies for combatting crime and disorder in |
| 35 |
| |
4 (1) | Section 17 (duty to consider crime and disorder implications) is amended as |
| |
| |
(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 |
| |
| |
(b) | the misuse of drugs, alcohol and other substances in its |
| |
| |
(3) | For subsection (2) there is substituted— |
| 45 |
“(2) | This section applies to each of the following— |
| |
|
| |
|