Vote Bundle Text (960316-03)

Amendments proposed to the Police and Justice Bill - continued	House of Commons

back to previous text

Lynne Featherstone
Martin Horwood

Clause 3, page 2, line 14, leave out from second 'authority' to end of line 26.

Lynne Featherstone
Martin Horwood

Clause 3, page 2, line 26, at end insert—

'( ) A police authority must make arrangements to secure continuous improvement in the way in which its functions are exercised, having regard to a combination of economy, efficiency and effectiveness.'.

Lynne Featherstone
Martin Horwood

Clause 4, page 3, line 18, at end insert—

'(7) The standard powers and duties of community support officers shall not include the power to use reasonable force to detain or control a person, under Paragraph 4 of Part 1 of Schedule 4 of the Police Reform Act 2002 (c. 30).'.

Lynne Featherstone
Martin Horwood
Nick Herbert

Schedule 4, page 75, line 15, leave out from beginning to end of line 22 and insert—

Lynne Featherstone
Martin Horwood

Schedule 4, page 75, line 25, at end insert—

'(5)	Conditions of the bail imposed under subsection (3B) shall expire—

Lynne Featherstone
Martin Horwood

Schedule 4, page 76, line 13, leave out from 'necessary' to ', and' in line 14 and insert 'to secure that the person attends at a police station or surrenders to custody.'.

Lynne Featherstone
Martin Horwood

Schedule 4, page 77, line 17, leave out 'for any of the purposes mentioned in paragraphs (a) to (d) of section 30A(3B)' and insert 'to secure that the person attends at a police station or surrenders to custody.'.

Lynne Featherstone
Martin Horwood

Schedule 4, page 78, line 4, leave out paragraph 6 and insert—

(1)

In section 47(1A) after "but" there is inserted ", subject to subsection (1AA),".

(2)	After section 47(1A) there is inserted—

(1AB) In section (1AA), "the normal powers to impose conditions of bail" has the meaning given in section 3(6) of the Bail Act 1976".

(3)	After section 47A there is inserted—

Limits on duration of bail conditions without charge

(1) Subject to the following provisions of this section and to sections 47C, 47D and 47E below, any relevant conditions on bail shall not last for more than 24 hours after the relevant time.

(2) "Relevant conditions" in this section and in sections 47C, 47D and 47E below are any conditions of bail imposed on a person under section 47(1AA) above.

(3) For the purposes of this section and sections 47C, 47D and 47E below "the relevant time" has the meaning given in section 41, subsections (2) to (5), subject to the following modification: for "the period of detention of" in subsection (2) there is substituted "duration of bail conditions imposed on".

(4) Subject to subsection (5) below relevant conditions shall be rescinded 24 hours after the relevant time.

(5) Subsection (4) above does not apply if the continuation of relevant conditions for more than 24 hours after the relevant time has been authorised or is otherwise permitted in accordance with sections 47C, 47D or 47E below.

(6) A person whose bail conditions are rescinded under subsection (4) above shall not be re-arrested without a warrant for the offence for which he was previously arrested unless new evidence justifying a further arrest has come to light since his release; but this subsection does not prevent an arrest under section 46A above.

47C Authorisation of continuation of bail conditions

(1) Where a police officer of the rank of superintendent or above who is responsible for the police station at which the relevant conditions were imposed has reasonable grounds for believing that—

(a)	the relevant conditions imposed on the person are necessary—

(i)	to secure that he surrenders to custody, or

(ii)	to secure that he does not commit an offence while on bail, or

(iii)

to secure that he does not interfere with witnesses or otherwise obstruct the course of justice whether in relation to himself or any other person, or

(iv)	for his own protection or, if he is a child or young person, for his own welfare or in his own interests;

(b)	an offence for which he was arrested is an indictable offence; and

(c)	the investigation is being conducted diligently and expeditiously, he may authorise the continuation of the relevant conditions for a period expiring at or before 36 hours after the relevant time.

(3) No authorisation under subsection (1) above shall be given in respect of any person more than 24 hours after the relevant time.

(4) Where an officer authorises the contiuation of relevant conditions under subsection (1) above, it shall be his duty to inform that person of the grounds for the continuation of relevant conditions.

(5) Before determining whether to authorise the continuation of relevant conditions under subsection (1) or (2) above, an officer shall give—

(a)	the person on whom the relevant conditions were imposed; or

(b)	any solicitor representing him who is available at the time when it falls to the officer to determine whether to give the authorisation,

an opportunity to make representations to him about the continuation of the relevant conditions.

(6) Subject to subsection (7) below, the person subject to the relevant conditions or his solicitor may make representations under subsection (5) above either orally or in writing.

(7) The officer to whom it falls to determine whether to give the authoisation may refuse to hear oral representations from the person subject to the relevant conditions if he considers that he is unfit to make such representations by reason of his condition or behaviour.

(8) Where an officer has authorised the continuation of relevant conditions on a person who has not been charged under subsection (1) or (2) above, any relevant conditions shall be rescinded at the expiry of 36 hours after the relevant time, unless—

(a)	he has been charged with an offence; or

(b)	continuation of the relevant conditions is authorised or otherwise permitted in accordance with section 47D below.

Warrants of continuation of bail conditions

(1) Where, on an application on oath made by a constable and supported by an information, a magistrates' court is satisfied that there are reasonable grounds for believing that the continuation of relevant conditions imposed on the person to whom the application relates is justified, it may issue a warrant of continued conditions authorising the continuation of the relevant conditions on that person.

(2) A court may not hear an application for a warrant of continued conditions unless the person to whom the application relates—

(a)	has been furnished with a copy of the information; and

(b)	has been informed of the date, time and place of the hearing.

(a)	the court shall adjourn the hearing to enable him to obtain representation; and

(b)	the relevant conditions may continue during the adjournment.

(a)	the relevant conditions imposed on the person are necessary—

(i)	to secure that he surrenders to custody, or

(ii)	to secure that he does not commit an offence while on bail, or

(iii)

to secure that he does not interfere with witnesses or otherwise obstruct the course of justice whether in relation to himself or any other person, or

(iv)	for his own protection or, if he is a child or young person, for his own welfare or in his own interests;

(b)	an offence for which he was arrested is an indictable offence; and

(c)	the investigation is being conducted diligently and expeditiously.

(a)	at any time before the expiry of 36 hours after the relevant time; or

(b)	in a case where—

(i)	it is not practicable for the magistrates' court to which the application will be made to sit at the expiry of 36 hours after the relevant time; but

(ii)	the court will sit during the six hours following the end of that period, at any time before the expiry of the said six hours.

(7) If—

(a)	an application for a warrant of continued conditions is made after the expiry of 36 hours after the relevant time; and

(b)	it appears to the magistrates' court that it would have been reasonable for the police to make it before the expiry of that period,

the court shall dismiss the application.

(8) Where on an application such as is mentioned in subsection (1) above a magistrates' court is not satisfied that there are reasonable grounds for believing that continuation of the relevant conditions imposed on the person to whom the application relates is justified, it shall be its duty—

(a)	to refuse the application; or

(b)	to adjourn the hearing of it until a time not later than 36 hours after the relevant time.

(10) A warrant of continued conditions shall—

(a)	state the time at which it is issued;

(b)	authorise the continuation of the relevant conditions on the person to whom it relates for the period stated in it.

(12) The period shall not be longer than 36 hours.

(13) Any information submitted in support of an application under this section shall state—

(a)	the nature of the offence for which the person to whom the application relates has been arrested;

(b)	the general nature of the evidence on which that person was arrested;

(c)	what inquiries relating to the offence have been made by the police and what further inquiries are proposed by them;

(d)	the reasons for believing the continuation of the relevant conditions on that person to be necessary for the purposes of such further inquiries.

(15) Relevant conditions need not be rescinded under subsection (14) above—

(a)	before the expiry of 24 hours after the relevant time; or

(b)	before the expiry of any longer period for which continuation of the relevant conditions is or has been authorised under section 47C above.

(17) Where a warrant of continued conditions is issued, the relevant conditions on the person to whom it relates shall be rescinded on the expiry of the warrant unless he is charged.

(18) A person whose bail conditions are rescinded under subsection (17) above shall not be re-arrested without a warrant for the offence for which he was previously arrested unless new evidence justifying a further arrest has come to light since his release; but this subsection does not prevent an arrest under section 46A above.

47E Extension of warrants of continued conditions

(1) On an application on oath made by a constable and supported by an information a magistrates' court may extend a warrant of continued conditions issued under section 47D above if it is satisfied that there are reasonable grounds for believing that the continuation of the relevant conditions on the person to whom the application relates is justified.

(2) Subject to subsection (3) below, the period for which a warrant of continued conditions may be extended shall be such period as the court thinks fit, having regard to the evidence before it.

(3) The period shall not—

(a)	be longer than 36 hours; or

(b)	end later than 96 hours after the relevant time.

(5) A warrant of continued conditions shall, if extended or furhter extended under this section, be endorsed with a note of the period of the extension.

(6) Subsections (2), (3) and (13) of section 47D above shall apply to an application made under this section as they apply to an application made under that section.

(7) Where an application under this section is refused, either the person to whom the application relates shall forthwith be charged or, subject to subsection (8) below, the relevant conditions shall be rescinded.

(8) Relevant conditions need not be rescinded under subsection (7) above before the expiry of any period for which a warrant of continued conditions issued in relation to him has been extended or further extended on an earlier application made under this section.'.