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| | | “(1A) | The appropriate deputy chief constable for the purposes of subsection |
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| | | (a) | in the case of a police force that has only one deputy chief |
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| | | constable, the deputy chief constable; |
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| | | (b) | in the case of a police force that has more than one deputy |
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| | | chief constable, the most senior deputy chief constable. |
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| | | (1B) | The chief constable of a police force that has more than one deputy |
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| | | chief constable shall, after consulting the police authority responsible |
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| | | for maintaining the force, designate the deputy chief constables in |
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| | | order of seniority for the purposes of subsection (1A)(b). |
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| | | (1C) | During any absence, incapacity or suspension from duty of the person |
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| | | (a) | is designated as the most senior deputy chief constable for the |
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| | | purposes of subsection (1A)(b), or |
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| | | (b) | is treated under this subsection as the most senior deputy chief |
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| | | | the person designated as the next most senior deputy chief constable |
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| | | shall be treated as the most senior one for those purposes.” |
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| | | (4) | For subsection (2) there is substituted— |
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| | | “(2) | The chief constable of a police force shall, after consulting the police |
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| | | authority responsible for maintaining the force, designate a person |
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| | | holding the rank of assistant chief constable in that force to exercise or |
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| | | perform any or all of the powers or duties of the chief constable during |
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| | | (a) | the chief constable is absent, incapacitated or suspended from |
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| | | (i) | the deputy chief constable, or each of the deputy chief |
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| | | constables, is also absent, incapacitated or suspended |
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| | | (ii) | the office of the deputy chief constable, or of each of |
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| | | the deputy chief constables, is vacant; |
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| | | (b) | the office of the chief constable is vacant and— |
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| | | (i) | the office of the deputy chief constable, or of each of |
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| | | the deputy chief constables, is also vacant, or |
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| | | (ii) | the deputy chief constable, or each of the deputy chief |
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| | | constables, is absent, incapacitated or suspended from |
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| | | (5) | In subsection (5), for “subsections (1) and (2)” there is substituted “subsections |
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| | Page 73, line 18 [Schedule 2], at end insert— |
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| | | ‘Referendums on proposals to alter police areas |
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| | | 20A | After section 33 (Objections to alterations proposed by Secretary of State) |
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| | | “33A | Referendums on proposals to alter police areas |
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| | | (1) | Before making an order under section 32 the Secretary of State shall |
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| | | by order cause a referendum to be held in every area affected about the |
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| | | proposed alteration in police areas. |
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| | | (2) | The Secretary of State shall make an order under subsection (1)— |
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| | | (a) | in relation to a proposed alteration made under section |
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| | | 32(3)(a), after he has received a request under that subsection; |
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| | | (b) | in relation to a proposed alteration made under section |
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| | | 32(3)(b), after he has given further notice to objectors under |
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| | | (3) | The question to be asked in a referendum to be held in pursuance of an |
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| | | order under subsection (1) above shall be agreed by— |
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| | | (a) | the Secretary of State, |
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| | | (b) | each police authority affected by the proposed alteration, and |
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| | | (c) | the Electoral Commission. |
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| | | | and specified in the order. |
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| | | (4) | The Secretary of State shall, in consultation with— |
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| | | (a) | each police authority affected by the proposed alteration, and |
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| | | (b) | the Electoral Commission |
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| | | | ensure that an order made under subsection (1) above makes such |
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| | | provision as is necessary to secure the proper conduct of a referendum. |
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| | | (5) | No order shall be made under subsection (1) above unless a draft of the |
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| | | order has been laid before and approved by resolution of each House |
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| | | (6) | The Secretary of State shall not exercise his power to make an order |
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| | | under section 32 unless a majority of votes cast in a referendum held |
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| | | under this section in each of the existing areas affected supports the |
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| | Page 74, line 11 [Schedule 2], leave out paragraphs 24 to 26. |
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| | Page 74, line 14 [Schedule 2], after ‘Where’, insert ‘following a recommendation |
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| | of the Chief Inspector for Justice, Community Safety and Custody, or a request from a |
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| | police authority responsible for maintaining a police force,’. |
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| | Page 74, line 21 [Schedule 2], after ‘Where’, insert ‘following a recommendation |
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| | of the Chief Inspector for Justice, Community Safety and Custody, or a request from a |
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| | police authority responsible for maintaining a police force,’. |
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| | Page 75 [Schedule 2], leave out lines 7 to 18. |
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| | Page 75, line 36 [Schedule 2], after ‘Where’, insert ‘following a recommendation |
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| | of the Chief Inspector for Justice, Community Safety and Custody’. |
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| | Page 75, line 41 [Schedule 2], after ‘Where’, insert ‘following a recommendation |
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| | of the Chief Inspector for Justice, Community Safety and Custody’. |
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| | Page 76 [Schedule 2], leave out lines 17 to 27. |
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| | Page 81, line 20 [Schedule 4], leave out from ‘necessary’ to end of line 29 and |
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| | insert ‘to secure that the person surrenders to custody.’. |
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| | Page 81, line 29 [Schedule 4], at end insert— |
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| | | ‘(3C) | Subject to subsection (3A), where a trained constable releases a person on bail |
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| | | under subsection (1) the trained constable may impose, as conditions of the bail, |
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| | | such requirements as appear to the trained constable to be necessary— |
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| | | (a) | to secure that the person does not commit an offence while on bail, |
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| | | (b) | to secure that the person does not interfere with witnesses or otherwise |
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| | | obstruct the course of justice, whether in relation to himself or any other |
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| | | (c) | for the person’s own protection, or if the person is under the age of 17, |
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| | | for the person’s own welfare or in the person’s own interests.’. |
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| | Page 81, line 32 [Schedule 4], at end insert— |
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| | | ‘(4A) | In this section a “trained constable” means a constable who has appropriate |
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| | | training and expertise to enable him to make a reasonable and informed |
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| | | assessment of the need for and proportionality of the conditions of bail.’. |
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| | Page 81, line 32 [Schedule 4], at end insert— |
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| | | ‘(5) | Conditions of bail imposed under subsection (3B) shall expire on the earlier of— |
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| | | (a) | the time at which the person attends at a police station; and |
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| | | (b) | 72 hours from the time at which the person was released on bail.’. |
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| | Page 84, line 10 [Schedule 4], leave out paragraph 6 and insert— |
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| | | ‘6 (1) | In section 47(1A): |
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| | | (a) | the words “section 37(7)(a) or” are omitted; and |
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| | | (b) | for “but not in any other cases” there is substituted “but, subject to |
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| | | subsection (1AA) below, not in any other cases”. |
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| | | (2) | After section 47(1A) there is inserted— |
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| | | “(1AA) | The normal powers to impose conditions of bail shall be available to a |
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| | | custody officer where he releases a person on bail under section 37. |
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| | | (1AB) | The power to impose conditions of bail under this subsection shall be |
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| | | subject to section 47B below. |
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| | | (1AC) | In subsection (1AA), ‘the normal powers to impose conditions of bail’ |
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| | | has the meaning given in section 3(6) of the Bail Act 1976.”. |
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| | | (3) | After section 47A the following clause is inserteted— |
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| | | “47B | Limits on duration of bail conditions without charge |
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| | | (1) | Any relevant conditions on bail shall not last for more than 28 days |
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| | | (2) | ‘Relevant conditions’ in this section are any conditions of bail |
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| | | imposed on a person under section 47(1AB) above. |
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| | | (3) | For the purposes of this section 41 ‘the relevant time’ has the meaning |
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| | | given in section 41, subsections (2) to (5), subject to the following |
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| | | modification; for ‘the period of detention of’ in subsection (2) there is |
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| | | substituted ‘duration of bail conditions imposed on’. |
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| | | (4) | Any relevant conditions still in force 28 days after the relevant time |
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| | | (5) | A person whose bail conditions lapse under subsection (4) above shall |
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| | | not be re-arrested without a warrant for the offence for which he was |
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| | | previously arrested unless new evidence justifying a further arrest has |
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| | | come to light since his release; but this subsection does not prevent an |
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| | | arrest under subsection 46A above.”.’. |
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| | Page 91, line 27 [Schedule 7], leave out lines 27 and 28 and insert— |
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| | | ‘(a) | “, 6A(1)” is omitted; |
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| | | (b) | after “regulations under” there is inserted “section 6 or 17A or”’. |
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| | Page 95, line 20 [Schedule 9], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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| | Page 99, line 20 [Schedule 10], leave out sub-sub-paragraph (a). |
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| | Page 100, line 44 [Schedule 10], leave out sub-sub-paragraph (a). |
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| | Page 101, line 40 [Schedule 11], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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| | Page 102, line 4 [Schedule 11], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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| | Page 102, line 10 [Schedule 11], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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| | Page 102, line 20 [Schedule 11], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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| | Page 102, line 44 [Schedule 11], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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| | Page 103, line 6 [Schedule 11], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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| | Page 103, line 26 [Schedule 11], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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| | Page 103, line 36 [Schedule 11], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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| | Page 104, line 9 [Schedule 11], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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