sc1192103.179-185

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.D.  Standing Committee Proceedings: 21st March 2006
179

Police and Justice Bill, continued

“(3A)
Police Authorities shall, before the end of the period of four months

specified in subsection (3) above, make provision to obtain the views

of every registered elector in the area which their authority covers by

way of a referendum.

(3B)
Where a majority of electors vote against the proposed alterations in a

referendum initiated under subsection (3A) above, the Secretary of

State shall not proceed with such alterations.”’.

Schedule Agreed to.

Lynne Featherstone

Martin Horwood

Withdrawn  4

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

Lynne Featherstone

Martin Horwood

Not called  5

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.’.

Clause Agreed to.

Nick Herbert

Withdrawn  134

Clause  4,  page  2,  line  41,  at end insert—

‘(2A)
In making an order under subsection (1), the Secretary of State shall have regard

to the desirability of maintaining the discretion of Chief Officers to designate the

powers of Community Support Officers to the extent that Chief Officers judge to

be appropriate’.

Lynne Featherstone

Martin Horwood

Withdrawn  6

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).’.

Clause Agreed to.

Clauses 5 and 6 Agreed to.

Schedule 3 Agreed to.

S.C.D.  Standing Committee Proceedings: 21st March 2006
180

Police and Justice Bill, continued

Clause 7 Agreed to.

Nick Herbert

Withdrawn  135

Schedule  4,  page  75,  line  10,  after first ‘a’, insert ‘senior’.

Lynne Featherstone

Martin Horwood

Nick Herbert

Withdrawn  7

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

insert—

‘(b)
to secure that the person attends at a police station.’.

Nick Herbert

Not called  136

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

  ‘(4A)
In this section “senior constable” means a constable designated as a senior

constable by the Chief Officer of the force.’

Lynne Featherstone

Martin Horwood

Not called  8

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

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

(a)
at the time at which the person attends at a police station or surrenders

to custody, or

(b)
72 hours from the time at which the person was released on bail,

whichever is the earlier.’.

Lynne Featherstone

Martin Horwood

Not called  9

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

Not called  10

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

Withdrawn  11

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

‘6  (1)
In section 47(1A) after “but” there is inserted “, subject to subsection (1AA),”.

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

S.C.D.  Standing Committee Proceedings: 21st March 2006
181

Police and Justice Bill, continued

“(1AA)
The normal powers to impose conditions of bail shall be available to

him where a custody officer releases a person on bail under section

37(2) or 37(7)(b), subject to sections 47B to 47E below.

(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—

“47B
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.

S.C.D.  Standing Committee Proceedings: 21st March 2006
182

Police and Justice Bill, continued

(2)
Where an officer such as is mentioned in subsection (1) above has

authorised the continuation of relevant conditions for a period expiring

less than 36 hours after the relevant time, such an officer may

authorise the contiuation of relevant conditions for a further period

expiring not more than 36 hours after that time if the conditions

specified in subsection (1) above are still satisfied when he gives the

authorisation.

(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.

47D
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.

(3)
The person to whom the application relates shall be entitled to be

legally represented at the hearing and, if he is not so represented but

wishes to be so represented—

S.C.D.  Standing Committee Proceedings: 21st March 2006
183

Police and Justice Bill, continued

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

representation; and

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

(4)
Continuation of relevant conditions is only justified for the purposes

of this section or section 47E below if—

(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.

(5)
Subject to subsection (7) below, an application for a warrant of

continued conditions may be made—

(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.

(6)
In a case to which subsection (5)(b) above applies the relevant

conditions imposed on the person to whom the application relates may

continue until the application is heard.

(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.

(9)
The relevant conditions may continue during the adjournment.

S.C.D.  Standing Committee Proceedings: 21st March 2006
184

Police and Justice Bill, continued

(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.

(11)
Subject to subsection (12) below, the period stated in a warrant of

continued conditions shall be such period as the magistrates’ court

thinks fit, having regard to the evidence before 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.

(14)
Where an application under this section is refused, either the person to

whom the application relates shall forthwith be charged or, subject to

subsection (15) below, the relevant conditions shall be rescinded.

(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.

(16)
Where an application under this section is refused, no further

application shall be made under this section in respect of the person to

whom the refusal relates, unless supported by evidence which has

come to light since the refusal.

(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.

S.C.D.  Standing Committee Proceedings: 21st March 2006
185

Police and Justice Bill, continued

(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.

(4)
Where a warrant of continued conditions has been extended under

subsection (1) above, or further extended under this subsection, for a

period ending before 96 hours after the relevant time, on an

application such as is mentioned in that subsection a magistrates’ court

may further extend the warrant if it is satisfied as there mentioned; and

subsections (2) and (3) above apply to such further extensions as they

apply to extensions under subsection (1) above.

(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.’.

Schedule Agreed to.

Clause 8 Agreed to.

Lynne Featherstone

Martin Horwood

Withdrawn  56

Clause  9,  page  5,  line  18,  at end insert—

‘(2A)
In section 32 (police powers to gather information relating to flights and voyages

to or from the United Kingdom) after subsection (1) insert—

“(1A)
A circuit judge may on the application of a constable of the rank of

superintendent or above issue a warrant in relation to specified passenger

or service information under this section if he is satisfied that there are

reasonable grounds for suspecting that the nature of the information is

such that there are likely to be circumstances in which it can be required

under subsection (2).”’.