Lords Hansard text for 18 Oct 200618 Oct 2006 (pt 0010)

Clause 33 [Reports by Chief Inspector]:

Baroness Scotland of Asthal moved Amendment No. 29:

Leave out Clause 33.

On Question, amendment agreed to.

Clause 34 [Further provision]:

Baroness Scotland of Asthal moved Amendment No. 30:

Leave out Clause 34.

On Question, amendment agreed to.

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Clause 35 [Abolition of existing inspectorates]:

Baroness Scotland of Asthal moved Amendment No. 31:

Leave out Clause 35.

On Question, amendment agreed to.

Clause 36 [Transfer of staff and property etc]:

Baroness Scotland of Asthal moved Amendment No. 32:

Leave out Clause 36.

On Question, amendment agreed to.

Clause 37 [Consequential amendments]:

Baroness Scotland of Asthal moved Amendment No. 33:

Leave out Clause 37.

On Question, amendment agreed to.

Clause 38 [Interpretation]:

Baroness Scotland of Asthal moved Amendment No. 34:

Leave out Clause 38.

On Question, amendment agreed to.

Clause 50 [Attendance by accused at certain preliminary or sentencing hearings]:

Baroness Scotland of Asthal moved Amendment No. 35:

Page 36, line 32, after “court” insert “in the circumstances provided for in sections 57B, 57BA and 57C”

The noble Baroness said: My Lords, Clause 50 provides for defendants in custody to appear at a preliminary hearing over a live link, and it allows defendants who are in police custody at a police station to appear by live link.

In Committee, and again on Report, the noble Baroness, Lady Anelay, expressed concern about the possible disadvantage to a defendant in custody of being obliged to appear by live link. She tabled amendments that would require the defendant’s consent before a live link direction could be made.

The Government are content to take account of those concerns by adding such a consent requirement. In this regard, we all have the same purpose, and we think that it could be delivered perfectly efficiently and effectively in this way.

At the same time, the fact that the existing clause would mean that a live link would not be available for a defendant who qualified for police bail is arguably anomalous. It would seem to disadvantage defendants who do not pose enough of a risk to be detained, as they would be unable to make an appearance by live link, even if they were anxious to plead guilty as soon as possible. The Government’s amendments would enable both categories of defendant—those who are detained and those who are bailed—to benefit from the live link facility if they wish to do so.

To meet any concerns about the potential disadvantage of appearing over a live link, we have included an express requirement for the defendant’s

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consent to a live link direction, both in cases where he or she is bailed and where he or she is detained at the police station.

To ensure that the amendments operate in conjunction with the Police and Criminal Evidence Act, we have amended that Act to make provision for bailed defendants to appear over a live link. The amendments create within PACE a special class of bail—that is, live link bail.

The amendments also provide for what should happen when a scheduled live link involving a bailed defendant does not take place because, for example, he does not wish to participate or because a live link is not available. In those circumstances, the police will have all the powers, under PACE, that they would have had when the person was arrested so that they may bail the defendant to appear in court in the usual way on another date.

We are conscious of the need to ensure that defendants appearing in this way have access to appropriate legal advice, and discussions are under way to achieve that objective in the proposed pilot.

The Government believe that the amendments will enable the most effective use to be made of live links from police station to court, thereby providing speedier justice, while ensuring that the defendant has the safeguard of an entirely consensual process. I hope that that will satisfy all Members of the House who have expressed an interest in this issue. I beg to move.

Baroness Anelay of St Johns: My Lords, I support these government amendments without reservation. I am grateful to the noble Baroness for taking on board so effectively the concerns that I expressed at previous stages relating to consent—that live link directions will be given only when there has been express consent. I think the proposal to extend that provision to those who have been granted bail is a very practical and appropriate one.

On Question, amendment agreed to.

Baroness Scotland of Asthal moved Amendments Nos. 36 to 51:

Page 36, leave out line 34.

Page 36, leave out line 37.

Page 36, leave out from beginning of line 39 to end of line 4 on page 37 and insert-

““custody”- (a) includes local authority accommodation to which a person is remanded or committed by virtue of section 23 of the Children and Young Persons Act 1969; but (b) does not include police detention;”

Page 37, leave out lines 10 to 13.

Page 37, line 13 at end insert-

““police detention” has the meaning given by section 118(2) of the Police and Criminal Evidence Act 1984;”

Page 37, line 31, at end insert “where accused is in custody”

Page 37, leave out lines 32 to 37 and insert-

“(1) This section applies in relation to a preliminary hearing in a magistrates' court or the Crown Court.

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(2) Where it appears to the court before which the preliminary hearing is to take place that the accused is likely to be held in custody during the hearing, the court may give a live link direction under this section in relation to the attendance of the accused at the hearing.

(2A) A live link direction under this section is a direction requiring the accused, if he is being held in custody during the hearing, to attend it through a live link from the place at which he is being held.”

Page 37, line 43, at end insert-

“( ) If in a case where it has power to do so a magistrates' court decides not to give a live link direction under this section, it 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 proceedings.”

Page 37, line 43, at end insert-

“57BA USE OF LIVE LINK AT PRELIMINARY HEARINGS WHERE ACCUSED IS AT POLICE STATION

(1) This section applies in relation to a preliminary hearing in a magistrates' court.

(2) Where subsection (3) or (4) applies to the accused, the court may give a live link direction in relation to his attendance at the preliminary hearing.

(3) This subsection applies to the accused if-

(a) he is in police detention at a police station in connection with the offence; and (b) it appears to the court that he is likely to remain at that station in police detention until the beginning of the preliminary hearing.

(4) This subsection applies to the accused if he is at a police station in answer to live link bail in connection with the offence.

(5) A live link direction under this section is a direction requiring the accused to attend the preliminary hearing through a live link from the police station.

(6) But a direction given in relation to an accused to whom subsection (3) applies has no effect if he does not remain in police detention at the police station until the beginning of the preliminary hearing.

(7) A live link direction under this section may not be given unless the accused has given his consent to the court.

(8) A magistrates' court may rescind a live link direction under this section at any time before or during a hearing to which it relates.

(9) A magistrates' court may require or permit-

(a) the accused to give or withhold consent under subsection (7) through a live link; and (b) 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 live link.

(10) Where a live link direction under this section is made in relation to an accused person who is answering to live link bail he is to be treated as having surrendered to the custody of the court (as from the time when the direction is made).

(11) In this section, “live link bail” means bail granted under Part 4 of the Police and Criminal Evidence Act 1984 subject to the duty mentioned in section 47(3)(b) of that Act.”

Page 37, line 44, at beginning insert-

“57BB CONTINUED USE OF LIVE LINK FOR SENTENCING HEARING FOLLOWING A PRELIMINARY HEARING”.

Page 37, line 45, leave out “this section” and insert “section 57B or 57BA”

Page 38, leave out lines 19 to 23.

Page 38, line 29, at end insert-

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“(2A) A live link direction under this section is a direction requiring the accused, if he is being held in custody during the hearing, to attend it through a live link from the place at which he is being held.”

Page 38, line 30, leave out “The” and insert “Such a”

Page 38, line 36, leave out second “the” and insert “such a”

Page 38, line 40, leave out second “the” and insert “such a”

On Question, amendments agreed to.

Baroness Scotland of Asthal moved Amendment No. 52:

After Clause 50, insert the following new clause-

“LIVE LINK BAIL

(1) The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

(2) After section 34(7) (persons who are to be treated as arrested) there is inserted-

“(8) Subsection (7) does not apply in relation to a person who is granted bail subject to the duty mentioned in section 47(3)(b) and who either-

(a) attends a police station to answer to such bail, or (b) is arrested under section 46A for failing to do so, (provision as to the treatment of such persons for the purposes of this Part being made by section 46ZA).”

(3) After section 46 (detention after charge) there is inserted-

“46ZA PERSONS GRANTED LIVE LINK BAIL

(1) This section applies in relation to bail granted under this Part subject to the duty mentioned in section 47(3)(b) (“live link bail”).

(2) An accused person who attends a police station to answer to live link bail is not to be treated as in police detention for the purposes of this Act.

(3) Subsection (2) does not apply in relation to an accused person if-

(a) at any time before the beginning of proceedings in relation to a live link direction under section 57BA of the Crime and Disorder Act 1998 in relation to him, he informs a constable that he does not intend to give his consent to the direction; (b) at any such time, a constable informs him that a live link will not be available for his use for the purposes of that section; (c) proceedings in relation to a live link direction under that section have begun but he does not give his consent to the direction; or (d) the court determines for any other reason not to give such a direction.

(4) If any of paragraphs (a) to (d) of subsection (3) apply in relation to a person, he is to be treated for the purposes of this Part-

(a) as if he had been arrested for and charged with the offence in connection with which he was granted bail, and (b) as if he had been so charged at the time when that paragraph first applied in relation to him.

(5) An accused person who is arrested under section 46A for failing to attend at a police station to answer to live link bail, and who is brought to a police station in accordance with that section, is to be treated for the purposes of this Part-

(a) as if he had been arrested for and charged with the offence in connection with which he was granted bail, and (b) as if he had been so charged at the time when he is brought to the station.

(6) Nothing in subsection (4) or (5) affects the operation of section 47(6).”

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(4) In section 46A (power of arrest for failure to answer to police bail) after subsection (1) there is inserted-

“(1ZA) The reference in subsection (1) to a person who fails to attend at a police station at the time appointed for him 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) leaves the police station at any time before the beginning of proceedings in relation to a live link direction under section 57BA of the Crime and Disorder Act 1998 in relation to him, without informing a constable that he does not intend to give his consent to the direction.”

(5) In section 47 (bail after arrest)-

(a) in subsection (3) for paragraphs (a) and (b) and the words following them there is substituted- “(a) to appear before a magistrates' court at such time and such place as the custody officer may appoint; (b) to attend at such police station as the custody officer may appoint at such time as he may appoint for the purposes of- (i) proceedings in relation to a live link direction under section 57BA of the Crime and Disorder Act 1998 (use of live link direction at preliminary hearings where accused is at police station); and (ii) any preliminary hearing in relation to which such a direction is given; or (c) to attend at such police station as the custody officer may appoint at such time as he may appoint for purposes other than those mentioned in paragraph (b).”; and. (b) in subsection (7) at the end insert “or to a person to whom section 46(ZA)(4) or (5) applies”.

(6) In section 54 (searches of detained persons) in subsection (1)(b) after “37 above” there is inserted “or as a person to whom section 46ZA(4) or (5) applies”.”

On Question, amendment agreed to.

Clause 53 [Orders and regulations]:

Baroness Scotland of Asthal moved Amendments Nos. 53 and 54:

Page 42, leave out lines 9 and 10.

Page 42, line 13, leave out “section 30(3)(a) or (b) or”

On Question, amendments agreed to.

Clause 58 [Extent]:

Baroness Scotland of Asthal moved Amendment No. 55:

Page 45, leave out line 20.

On Question, amendment agreed to.

Schedule 1 [National Policing Improvement Agency]:

Baroness Scotland of Asthal moved Amendment No. 56:

Page 57, line 29, leave out “for Justice, Community Safety and Custody” and insert “of Constabulary”

On Question, amendment agreed to.

Schedule 2 [Amendments to the Police Act 1996]:

Baroness Harris of Richmond moved Amendment No. 57:

Page 75, line 33, at end insert-

“A relevant council or joint committee shall exercise its powers to appoint members of a police authority under

18 Oct 2006 : Column 830

paragraph 2 so as to ensure that, so far as is practicable, in the case of the members for whose appointment it is responsible, the proportion that are members of any given political party-

(a) where it is a council that is responsible for their appointment, is the same as the proportion of the members of the council who are members of that party; and (b) where it is a joint committee that is so responsible, is the same as the proportion of the members of the relevant councils taken as a whole who are members of that party.”

The noble Baroness said: My Lords, Amendments Nos. 57 and 58 relate to putting into primary legislation the principle of ensuring political balance on police authorities. Notwithstanding the peace and enjoyment that we have had from the Minister this afternoon—a wonderful array of goodies—and unless she is able to assure me differently in her response, I believe that we may have reached the watermark on this.

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