|
| |
| |
(d) | in subsection (9) (representations about use of live link), omit |
| |
paragraph (a) (and the “and” following it). |
| |
(4) | In section 57D (continued use of live link for sentencing hearing following a |
| |
| |
(a) | in subsection (2) (conditions for use of live link)— |
| 5 |
(i) | omit paragraph (b) (but not the “and” following it), and |
| |
(ii) | in paragraph (c), for “it” to the end substitute “the accused |
| |
continuing to attend through the live link is not contrary to the |
| |
interests of justice.”, and |
| |
(b) | in subsection (3) (conditions for giving oral evidence by live link), omit |
| 10 |
paragraph (a) (and the “and” following it). |
| |
(5) | In section 57E (use of live link in sentencing hearings)— |
| |
(a) | in subsection (5) (conditions for giving live link direction), omit |
| |
paragraph (a) (and the “and” following it), and |
| |
(b) | in subsection (7) (conditions for giving oral evidence by live link) omit |
| 15 |
paragraph (a) (and the “and” following it). |
| |
90 | Answering to live link bail |
| |
(1) | The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows. |
| |
(2) | In section 46ZA (persons granted live link bail)— |
| |
(a) | in subsection (3) (accused persons who answer to live link bail and are |
| 20 |
treated as in police detention)— |
| |
(i) | omit paragraph (a) (persons not intending to consent to live link |
| |
| |
(ii) | in paragraph (b), for “at any such time” substitute “at any time |
| |
before the beginning of proceedings in relation to a live link |
| 25 |
direction under section 57C of the Crime and Disorder Act 1998 |
| |
in relation to the accused person,”, |
| |
(iii) | omit paragraph (c) (persons not giving consent during |
| |
proceedings in relation to a live link direction) (but not the “or” |
| |
| 30 |
(iv) | in paragraph (d), for “any other reason” substitute “any reason”, |
| |
| |
(b) | in subsection (4) (effect of subsection (3) applying to a person), for “any |
| |
of paragraphs (a) to (d) of subsection (3) apply” substitute “paragraph |
| |
(b) or (d) of subsection (3) applies”. |
| 35 |
(3) | In section 46A (power of arrest for failure to answer police bail), in subsection |
| |
(1ZA) (such failure includes leaving police station without informing a |
| |
constable that intend not to consent to live link direction), in paragraph (b) |
| |
omit from “, without informing” to the end. |
| |
| 40 |
91 | Searches of persons answering to live link bail |
| |
(1) | After section 54A of the Police and Criminal Evidence Act 1984 insert— |
| |
“54B | Searches of persons answering to live link bail |
| |
(1) | A constable may search at any time— |
| |
| |
| |
|
| |
| |
(a) | any person who is at a police station to answer to live link bail; |
| |
| |
(b) | any article in the possession of such a person. |
| |
(2) | If the constable reasonably believes a thing in the possession of the |
| |
person ought to be seized on any of the grounds mentioned in |
| 5 |
subsection (3), the constable may seize and retain it or cause it to be |
| |
| |
(3) | The grounds are that the thing— |
| |
(a) | may jeopardise the maintenance of order in the police station; |
| |
(b) | may put the safety of any person in the police station at risk; or |
| 10 |
(c) | may be evidence of, or in relation to, an offence. |
| |
(4) | The constable may record or cause to be recorded all or any of the |
| |
things seized and retained pursuant to subsection (2). |
| |
(5) | An intimate search may not be carried out under this section. |
| |
(6) | The constable carrying out a search under subsection (1) must be of the |
| 15 |
same sex as the person being searched. |
| |
(7) | In this section “live link bail” means bail granted under Part 4 of this Act |
| |
subject to the duty mentioned in section 47(3)(b). |
| |
54C | Power to retain articles seized |
| |
(1) | Except as provided by subsections (2) and (3), a constable may retain a |
| 20 |
thing seized under section 54B until the time when the person from |
| |
whom it was seized leaves the police station. |
| |
(2) | A constable may retain a thing seized under section 54B in order to |
| |
establish its lawful owner, where there are reasonable grounds for |
| |
believing that it has been obtained in consequence of the commission of |
| 25 |
| |
(3) | If a thing seized under section 54B may be evidence of, or in relation to, |
| |
an offence, a constable may retain it— |
| |
(a) | for use as evidence at a trial for an offence; or |
| |
(b) | for forensic examination or for investigation in connection with |
| 30 |
| |
(4) | Nothing may be retained for either of the purposes mentioned in |
| |
subsection (3) if a photograph or copy would be sufficient for that |
| |
| |
(5) | Nothing in this section affects any power of a court to make an order |
| 35 |
under section 1 of the Police (Property) Act 1897. |
| |
(6) | The references in this section to anything seized under section 54B |
| |
include anything seized by a person to whom paragraph 27A of |
| |
Schedule 4 to the Police Reform Act 2002 applies.” |
| |
(2) | In section 46A of that Act (power of arrest for failure to answer to police bail), |
| 40 |
after subsection (1ZA) insert— |
| |
“(1ZB) | The reference in subsection (1) to a person who fails to attend at a police |
| |
station at the time appointed for the person to do so includes a |
| |
reference to a person who— |
| |
| |
| |
|
| |
| |
(a) | attends at a police station to answer to bail granted subject to the |
| |
duty mentioned in section 47(3)(b), but |
| |
(b) | refuses to be searched under section 54B.” |
| |
(3) | In Part 3 of Schedule 4 to the Police Reform Act 2002 (c. 30) (powers exercisable |
| |
by detention officers), after paragraph 27 insert— |
| 5 |
“Searches of persons answering to live link bail |
| |
27A (1) | Where a designation applies this paragraph to any person, that |
| |
person has the powers of a constable under section 54B of the 1984 |
| |
Act (searches of persons answering to live link bail)— |
| |
(a) | to carry out a search of any person attending a police station |
| 10 |
in the relevant police area; and |
| |
(b) | to seize or retain articles found on such a search. |
| |
(2) | Anything seized by a person under the power conferred by sub- |
| |
paragraph (1) must be delivered to a constable as soon as practicable |
| |
and in any case before the person from whom the thing was seized |
| 15 |
leaves the police station.” |
| |
92 | Use of live link in certain enforcement hearings |
| |
(1) | After section 57E of the Crime and Disorder Act 1998 (c. 37) insert— |
| |
“57F | Use of live link in certain enforcement hearings |
| |
(1) | This section applies where— |
| 20 |
(a) | a confiscation order is made against a person; and |
| |
(b) | the amount required to be paid under the order is not paid |
| |
when it is required to be paid. |
| |
(2) | If it appears to the court before which an enforcement hearing relating |
| |
to the confiscation order is to take place that it is likely that the person |
| 25 |
will be held in custody at the time of the hearing, the court may give a |
| |
live link direction under this section in relation to that hearing. |
| |
(3) | A live link direction under this section is a direction requiring the |
| |
person, if the person is being held in custody at the time of the hearing, |
| |
to attend it through a live link from the place at which the person is |
| 30 |
| |
| |
(a) | may be given by the court of its own motion or on an |
| |
application by a party; and |
| |
(b) | may be given in relation to all subsequent enforcement hearings |
| 35 |
before the court or to such hearing or hearings as may be |
| |
specified or described in the direction. |
| |
(5) | The court may rescind a live link direction under this section at any |
| |
time before or during a hearing to which it relates. |
| |
(6) | The court may not give or rescind a live link direction under this section |
| 40 |
(whether at a hearing or otherwise) unless the parties to the |
| |
proceedings have been given the opportunity to make representations. |
| |
| |
| |
|
| |
| |
(7) | If a hearing takes place in relation to the giving or rescinding of such a |
| |
direction, the court may require or permit any party to the proceedings |
| |
who wishes to make representations in relation to the giving or |
| |
rescission of a live link direction under this section to do so through a |
| |
| 5 |
(8) | The person may not give oral evidence while attending a hearing |
| |
through a live link by virtue of this section unless the court is satisfied |
| |
that it is not contrary to the interests of justice for the person to give it |
| |
| |
(9) | If in a case where a court has power to give a live link direction under |
| 10 |
this section but decides not to do so, the court must— |
| |
(a) | state in open court its reasons for not doing so; and |
| |
(b) | cause those reasons to be entered in the register of its |
| |
| |
(10) | The following functions of a magistrates’ court under this section may |
| 15 |
be discharged by a single justice— |
| |
(a) | giving a live link direction under this section; |
| |
(b) | rescinding a live link direction before a preliminary hearing |
| |
| |
(c) | requiring or permitting a person to attend by live link a hearing |
| 20 |
about a matter within paragraph (a) or (b).” |
| |
(2) | In section 57A of that Act (introductory)— |
| |
| |
(i) | in paragraph (a), after “an offence” insert “and enforcement |
| |
hearings relating to confiscation orders”, and |
| 25 |
(ii) | in paragraph (b), for “and 57E” substitute “, 57E and 57F”, and |
| |
(b) | in subsection (3), at the appropriate place insert— |
| |
““confiscation order” means an order made under— |
| |
(a) | section 71 of the Criminal Justice Act 1988; |
| |
(b) | section 2 of the Drug Trafficking Act 1994; or |
| 30 |
(c) | section 6 of the Proceeds of Crime Act 2002;”, |
| |
| |
““enforcement hearing” means a hearing under section 82 |
| |
of the Magistrates’ Courts Act 1980 to consider the |
| |
issuing of a warrant of committal or to inquire into a |
| 35 |
| |
(3) | In the title of Part 3A of that Act, for “and Sentencing” substitute “, |
| |
| |
93 | Direction of registrar for appeal hearing by live link |
| |
In section 31A of the Criminal Appeal Act 1968 (c. 19) (powers of the Court of |
| 40 |
Appeal under Part 1 of that Act that are exercisable by the registrar), in |
| |
subsection (2), after paragraph (a) insert— |
| |
“(aa) | to give a live link direction under section 22(4);”. |
| |
| |
| |
|
| |
| |
| |
| |
Evidence by video recording |
| |
94 | Effect of admission of video recording |
| |
In section 138 of the Criminal Justice Act 2003 (c. 44) (video evidence: further |
| 5 |
provisions), omit subsection (1) (no evidence in chief on matter dealt with |
| |
adequately in recorded account). |
| |
Evidence of previous complaints |
| |
95 | Admissibility of evidence of previous complaints |
| |
In section 120(7) of the Criminal Justice Act 2003 (third condition for admitting |
| 10 |
previous statement of witness as evidence of matter stated of which oral |
| |
evidence of witness would be admitted), omit paragraph (d) (requirement that |
| |
complaint be made as soon as could reasonably be expected after the alleged |
| |
| |
| 15 |
96 | Powers in respect of offenders who assist investigations and prosecutions |
| |
(1) | Chapter 2 of Part 2 of the Serious Organised Crime and Police Act 2005 (c. 15) |
| |
| |
(2) | In section 71 (assistance by offender: immunity from prosecution), in |
| |
subsection (1) (immunity notice)— |
| 20 |
(a) | for “any offence” substitute “an indictable offence or an offence triable |
| |
| |
(b) | after “prosecution”, in second place it occurs, insert “for any offence”. |
| |
(3) | In subsection (4) of that section (specified prosecutors)— |
| |
(a) | after paragraph (d) insert— |
| 25 |
“(da) | the Financial Services Authority; |
| |
(db) | the Secretary of State for Business, Enterprise and Regulatory |
| |
Reform, acting personally;”, and |
| |
(b) | in paragraph (e) for “(d)” substitute “(db)”. |
| |
(4) | After subsection (6) of that section insert— |
| 30 |
“(6A) | In exercising the power to designate a prosecutor under subsection |
| |
(4)(e), the Financial Services Authority and the Secretary of State for |
| |
Business, Enterprise and Regulatory Reform may each designate |
| |
| |
(a) | one prosecutor (a “chief prosecutor”) to act at any one time, and |
| 35 |
(b) | an alternative prosecutor (a “deputy prosecutor”) to act as a |
| |
| |
(i) | when the chief prosecutor is unavailable, or |
| |
| |
| |
|
| |
| |
(ii) | during any period when no chief prosecutor is |
| |
| |
(6B) | Paragraph 5(1) of Schedule 1 to the Financial Services and Markets Act |
| |
2000 (arrangements for discharging functions of the Authority) does |
| |
not apply to the exercise of the powers conferred on the Financial |
| 5 |
Services Authority under this Chapter. |
| |
(6C) | An immunity notice may be given by the Financial Services Authority, |
| |
the Secretary of State for Business, Enterprise and Regulatory Reform |
| |
or a prosecutor designated by either of them under subsection (4)(e), |
| |
only with the consent of the Attorney General.” |
| 10 |
(5) | In section 72 (assistance by offender: undertakings as to use of evidence), in |
| |
subsection (1) (restricted use undertaking) for “any offence” substitute “an |
| |
indictable offence or an offence triable either way”. |
| |
(6) | In subsection (2)(a) of that section, at the beginning insert “any”. |
| |
(7) | After section 75A insert— |
| 15 |
“75B | Guidance about use of powers under sections 71 to 74 |
| |
(1) | The Attorney General may issue guidance to specified prosecutors |
| |
about the exercise by them of any of their powers under sections 71 to |
| |
| |
(2) | The Attorney General may from time to time revise any guidance |
| 20 |
issued under this section. |
| |
(3) | In this section “specified prosecutor” is to be construed in accordance |
| |
| |
| |
97 | Bail: risk of committing an offence causing injury |
| 25 |
(1) | Part 1 of Schedule 1 to the Bail Act 1976 (c. 63) (defendants accused or |
| |
convicted of imprisonable offences) is amended as follows. |
| |
(2) | After paragraph 6 insert— |
| |
“6ZA | If the defendant is charged with murder, the defendant may not be |
| |
granted bail unless the court is of the opinion that there is no |
| 30 |
significant risk of the defendant committing, while on bail, an |
| |
offence that would, or would be likely to, cause physical or mental |
| |
injury to any person other than the defendant.” |
| |
(3) | In paragraph 9 (matters to which court is to have regard when taking decisions |
| |
| 35 |
(a) | after “6A” insert “or of the opinion mentioned in paragraph 6ZA”, and |
| |
(b) | after paragraph (d) insert— |
| |
“(e) | if the court is satisfied that there are substantial |
| |
grounds for believing that the defendant, if released |
| |
on bail (whether subject to conditions or not), would |
| 40 |
commit an offence while on bail, the risk that the |
| |
defendant may do so by engaging in conduct that |
| |
| |
| |
|
| |
| |
would, or would be likely to, cause physical or mental |
| |
injury to any person other than the defendant.” |
| |
98 | Bail decisions in murder cases to be made by Crown Court judge |
| |
(1) | A person charged with murder may not be granted bail except by order of a |
| |
judge of the Crown Court. |
| 5 |
(2) | Subsections (3) and (4) apply where a person appears or is brought before a |
| |
magistrates’ court charged with murder. |
| |
(3) | A judge of the Crown Court must make a decision about bail in respect of the |
| |
person as soon as reasonably practicable and, in any event, within the period |
| |
of 48 hours beginning with the day after the day on which the person appears |
| 10 |
or is brought before the magistrates’ court. |
| |
(4) | The magistrates’ court must, if necessary for the purposes of subsection (3), |
| |
commit the person to custody to be brought before a judge of the Crown Court. |
| |
(5) | For the purposes of subsections (3) and (4), it is immaterial whether the |
| |
| 15 |
(a) | sends the person to the Crown Court for trial, or |
| |
(b) | adjourns proceedings under section 52(5) of the Crime and Disorder |
| |
Act 1998 and remands the person. |
| |
(6) | In this section a reference to a person charged with murder includes a person |
| |
charged with murder and one or more other offences. |
| 20 |
(7) | For the purposes of subsection (3), when calculating the period of 48 hours |
| |
Saturdays, Sundays, Christmas Day, Good Friday and bank holidays are to be |
| |
| |
| |
99 | Indictment of offenders |
| 25 |
(1) | In the Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)— |
| |
(a) | in section 2 (procedure for indictment of offenders), in subsection (1) |
| |
| |
(i) | from “, and where” to “the bill,”, and |
| |
(ii) | from “Provided” to the end, |
| 30 |
(b) | in subsection (3) of that section— |
| |
(i) | after “indictment”, in first place it occurs, insert “has been”, and |
| |
(ii) | omit “has been signed by the proper officer of the court”, |
| |
(c) | after subsection (6) of that section, insert— |
| |
“(6ZA) | Where a bill of indictment is preferred in accordance with |
| 35 |
subsections (1) and (2), no objection to the indictment may be |
| |
taken after the commencement of the trial by reason of any |
| |
failure to observe any rules under subsection (6). |
| |
(6ZB) | For the purposes of subsection (6ZA) the trial commences at the |
| |
time when a jury is sworn to consider the issue of guilt or fitness |
| 40 |
to plead, or, if the court accepts a plea of guilty before the time |
| |
when a jury is sworn, when that plea is accepted. |
| |
| |
| |
|
