Police and Justice Bill

House of Commons

Session 2005 - 06
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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
81

Part 2
Police bail granted elsewhere than at police station
Power to impose conditions on granting bail
2
In section 30A (bail elsewhere than at police station), for subsection (4) (no
condition of bail may be imposed other than requirement to attend police
5
station) there is substituted—
“(3A)
Where a constable releases a person on bail under subsection (1)—
(a)
no recognizance for the person’s surrender to custody shall
be taken from the person,
(b)
no security for the person’s surrender to custody shall be
10
taken from the person or from anyone else on the person’s
behalf,
(c)
the person shall not be required to provide a surety or
sureties for his surrender to custody, and
(d)
no requirement to reside in a bail hostel may be imposed as a
15
condition of bail.
(3B)
Subject to subsection (3A), where a constable releases a person on
bail under subsection (1) the constable may impose, as conditions of
the bail, such requirements as appear to the constable to be
necessary—
20
(a)
to secure that the person surrenders to custody,
(b)
to secure that the person does not commit an offence while on
bail,
(c)
to secure that the person does not interfere with witnesses or
otherwise obstruct the course of justice, whether in relation to
25
himself or any other person, or
(d)
for the person’s own protection or, if the person is under the
age of 17, for the person’s own welfare or in the person’s own
interests.
(4)
Where a person is released on bail under subsection (1), a
30
requirement may be imposed on the person as a condition of bail
only under the preceding provisions of this section.”
Contents of notice given to person released on bail
3
In section 30B (bail under section 30A: notices), after subsection (4) there is
inserted—
35
“(4A)
If the person is granted bail subject to conditions under section
30A(3B), the notice also—
(a)
must specify the requirements imposed by those conditions,
(b)
must explain the opportunities under sections 30CA(1) and
30CB(1) for variation of those conditions, and
40
(c)
if it does not specify the police station at which the person is
required to attend, must specify a police station at which the
person may make a request under section 30CA(1)(b).”

Police and Justice Bill
Schedule 4 — Police bail
Part 2 — Police bail granted elsewhere than at police station
82

Variation of bail conditions
4
After section 30C there is inserted—
“30CA
Bail under section 30A: variation of conditions by police
(1)
Where a person released on bail under section 30A(1) is on bail
subject to conditions—
5
(a)
a relevant officer at the police station at which the person is
required to attend, or
(b)
where no notice under section 30B specifying that police
station has been given to the person, a relevant officer at the
police station specified under section 30B(4A)(c),
10

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
15
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,
20
(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
25
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.
30
(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
35
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—
40
(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.
45

Police and Justice Bill
Schedule 4 — Police bail
Part 2 — Police bail granted elsewhere than at police station
83

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
5
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
10
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—
15
(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
(b)
in a case falling within paragraph (b) or (c) of subsection (1),
the ground was relied upon in the request mentioned in that
20
paragraph,

but this does not prevent the court, when deciding the application,
from considering different grounds arising out of a change in
circumstances that has occurred since the making of the application.
(3)
Where conditions of bail granted to a person under section 30A(1)
25
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
requirements that appear to the court varying the conditions
to be necessary for any of the purposes mentioned in
30
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.
(4)
Power under subsection (1) to vary conditions is, subject to
subsection (3)(a) and (b), power—
35
(a)
to vary or rescind any of the conditions, and
(b)
to impose further conditions.”
Power of arrest for breach of bail conditions
5     (1)
Section 30D (failure to answer to bail under section 30A) is amended as
follows.
40
      (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
reasonable grounds for suspecting that the person has broken any of
the conditions of bail.
45
(2B)
A person arrested under subsection (2A) must be taken to a police
station (which may be the specified police station mentioned in

Police and Justice Bill
Schedule 4 — Police bail
Part 3 — Police bail granted at police station before charge
84

subsection (1) or any other police station) as soon as practicable after
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
5
(2) and (2B)”.
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
10
powers to impose conditions of bail are available only where release is under
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
15
conditions of bail), for “37(7)(a) or 37C(2)(b)” there is substituted “37,
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)
20
(1)
This section applies where a person released on bail under section
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
25
mentioned in section 46A(2) below.
(2)
The person arrested—
(a)
shall be charged, or
(b)
shall be released without charge, either on bail or without
bail.
30
(3)
The decision as to how a person is to be dealt with under subsection
(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.”
35
      (2)
In section 37A(1)(a) and (3) (guidance as to exercise of functions under
sections 37(7) and 37C(2)), after “37C(2)” there is inserted “or 37CA(2)”.

Police and Justice Bill
Schedule 5 — Schedule to be inserted into the Police Reform Act 2002
85

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)”.
      (2)
In the heading to section 37D, for “under section 37(7)(a)” there is
5
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
follows.
      (2)
For subsection (5) (person not fit to be dealt with as mentioned in subsection
10
(4) to be detained until fit) there is substituted—
“(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
15
37CA above or to enable the power under subsection (1) above to be
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
20
may be kept in police detention until he is.”
      (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
25
37CA(2)(b)”.
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)”.
30
Schedule 5
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
35
1     (1)
An accredited inspector whose accreditation specifies that this paragraph
applies to him shall have the powers specified in sub-paragraph (2) in

Police and Justice Bill
Schedule 6 — Further provision about crime and disorder committees of certain local authorities
86

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 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
5
respect of a relevant fixed penalty offence.
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
10
the person to give him his name and 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.
Photographing of persons given fixed penalty notices
15
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, elsewhere than at a police station, of a person to
whom the accredited inspector has given a penalty notice in exercise of the
20
powers mentioned in paragraph 1(2).
Interpretation
4
In this Schedule—
“the relevant police area”, in relation to an accredited inspector, means
the police area for which the police force whose chief officer granted
25
his accreditation is maintained;
“relevant fixed penalty offence”, in relation to an accredited inspector,
means an offence which—
(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
30
Police Act 2001, and
(b)
is specified or described in his accreditation as an offence he
has been accredited to enforce.”
Schedule 6
Section 14

Further provision about crime and disorder committees of certain local
35
authorities
Introductory
1     (1)
This Schedule applies in relation to a local authority that is not operating
executive arrangements under Part 2 of the Local Government Act 2000
(c. 22).
40

Police and Justice Bill
Schedule 6 — Further provision about crime and disorder committees of certain local authorities
87

      (2)
In this Schedule “local authority” and “crime and disorder committee” have
the same meaning as in section 14.
Functions of crime and disorder committees
2     (1)
The crime and disorder committee of a local authority may not discharge
any functions other than its functions under section 14 or this Schedule.
5
      (2)
In the case of a committee of a local authority that discharges functions other
than those mentioned in sub-paragraph (1), the reference in that sub-
paragraph to the crime and disorder committee is a reference to that
committee in its capacity as crime and disorder committee.
Appointment of sub-committees
10
3     (1)
The crime and disorder committee of a local authority—
(a)
may appoint one or more sub-committees, and
(b)
may arrange for the discharge of any of its functions by any such sub-
committee.
      (2)
A sub-committee of the crime and disorder committee may not discharge
15
any functions other than those conferred on it under sub-paragraph (1)(b).
Meetings etc
4
A local authority shall make arrangements—
(a)
for enabling a member of the crime and disorder committee of the
authority to ensure that a matter that is relevant to the functions of
20
the committee is included in the agenda for, and is discussed at, a
meeting of the committee, and
(b)
for enabling a member of a sub-committee of such a committee to
ensure that a matter that is relevant to the functions of the sub-
committee is included in the agenda for, and is discussed at, a
25
meeting of the sub-committee.
5
The crime and disorder committee of a local authority, or a sub-committee
of such a committee, may include persons who are not members of the
authority, but (subject to section 15(6)) such persons are not entitled to vote,
at a meeting of such a committee or sub-committee, on any question that
30
falls to be decided at that meeting.
Power to compel attendance etc
6     (1)
The crime and disorder committee of a local authority or a sub-committee of
such a committee—
(a)
may require members or officers of the authority to attend before it
35
to answer questions;
(b)
may invite other persons to attend meetings of the committee.
      (2)
A member or officer of a local authority shall comply with any requirement
made under sub-paragraph (1)(a).
      (3)
A person is not obliged by sub-paragraph (2) to answer any question that he
40
would be entitled to refuse to answer in or for the purposes of proceedings
in a court in England and Wales.