Police and Justice Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

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—