18 Appeal by prosecution
(1) Section 1 of the Bail (Amendment) Act 1993 (c. 26) (prosecution right of appeal)
is amended as follows.
(2) For subsection (1) (prosecution may appeal to Crown Court judge against bail
in case of offence punishable by imprisonment for five years or more etc) there
“(1) Where a magistrates’ court grants bail to a person who is charged with,
or convicted of, an offence punishable by imprisonment, the
prosecution may appeal to a judge of the Crown Court against the
granting of bail.”
(3) In subsection (10)(a) for “punishable by a term of imprisonment” there is
substituted “punishable by imprisonment”.
19 Drug users: restriction on bail
(1) The 1976 Act is amended as follows.
(2) In section 3 (general provisions), after subsection (6B) there is inserted—
“(6C) Subsection (6D) below applies where—
(a) the court has been notified by the Secretary of State that
arrangements for conducting a relevant assessment or, as the
case may be, providing relevant follow-up have been made for
the petty sessions area in which it appears to the court that the
person referred to in subsection (6D) would reside if granted
(b) the notice has not been withdrawn.
(6D) In the case of a person (“P”)—
(a) in relation to whom paragraphs (a) to (c) of paragraph 6B(1) of
Part 1 of Schedule 1 to this Act apply;
(b) who, after analysis of the sample referred to in paragraph (b) of
that paragraph, has been offered a relevant assessment or, if a
relevant assessment has been carried out, has had relevant
follow-up proposed to him; and
(c) who has agreed to undergo the relevant assessment or, as the
case may be, to participate in the relevant follow-up,
the court, if it grants bail, shall impose as a condition of bail that P both
undergo the relevant assessment and participate in any relevant
follow-up proposed to him or, if a relevant assessment has been carried
out, that P participate in the relevant follow-up.
(6E) In subsections (6C) and (6D) above—
(a) “relevant assessment” means an assessment conducted by a
suitably qualified person of whether P is dependent upon or has
a propensity to misuse any specified Class A drugs;
(b) “relevant follow-up” means, in a case where the person who
conducted the relevant assessment believes P to have such a
dependency or propensity, such further assessment, and such
assistance or treatment (or both) in connection with the
dependency or propensity, as the person who conducted the
relevant assessment (or conducts any later assessment)
considers to be appropriate in P’s case,
and in paragraph (a) above “Class A drug” and “misuse” have the same
meaning as in the Misuse of Drugs Act 1971, and “specified” (in relation
to a Class A drug) has the same meaning as in Part 3 of the Criminal
Justice and Court Services Act 2000.
(6F) In subsection (6E)(a) above, “suitably qualified person” means a person
who has such qualifications or experience as are from time to time
specified by the Secretary of State for the purposes of this subsection.”
(3) In section 3A(3) (conditions of bail in case of police bail), for “, (6A) and (6B)”
there is substituted “and (6A) to (6F)”.
(4) In Schedule 1 (which contains supplementary provisions about bail), in Part 1
(a) after paragraph 6 there is inserted—
“Exception applicable to drug users in certain areas
6A Subject to paragraph 6C below, a defendant who falls within
paragraph 6B below may not be granted bail unless the court
is satisfied that there is no significant risk of his committing
an offence while on bail (whether subject to conditions or
not); but this does not require the court, if so satisfied, to
grant bail (disregarding other considerations).
6B (1) A defendant falls within this paragraph if—
(a) he is aged 18 or over;
(b) a sample taken—
(i) under section 63B of the Police and Criminal
Evidence Act 1984 (testing for presence of
Class A drugs) in connection with the offence;
(ii) under section 154 of the Criminal Justice Act
2003 (drug testing after conviction of an
offence but before sentence),
has revealed the presence in his body of a specified
Class A drug;
(c) either the offence is one under section 5(2) or (3) of the
Misuse of Drugs Act 1971 and relates to a specified
Class A drug, or the court is satisfied that there are
substantial grounds for believing—
(i) that misuse by him of any specified Class A
drug caused or contributed to the offence; or
(ii) (even if it did not) that the offence was
motivated wholly or partly by his intended
misuse of such a drug; and
(d) the condition set out in sub-paragraph (2) below is
satisfied or (if the court is considering on a second or
subsequent occasion whether or not to grant bail) has
been, and continues to be, satisfied.
(2) The condition referred to is that after the taking and analysis
of the sample—
(a) a relevant assessment has been offered to the
defendant but he does not agree to undergo it; or
(b) he has undergone a relevant assessment, and relevant
follow-up has been proposed to him, but he does not
agree to participate in it.
(3) In this paragraph and paragraph 6C below—
(a) “Class A drug” and “misuse” have the same meaning
as in the Misuse of Drugs Act 1971;
(b) “relevant assessment” and “relevant follow-up” have
the meaning given by section 3(6E) of this Act;
(c) “specified” (in relation to a Class A drug) has the
same meaning as in Part 3 of the Criminal Justice and
Court Services Act 2000.
6C Paragraph 6A above does not apply unless—
(a) the court has been notified by the Secretary of State
that arrangements for conducting a relevant
assessment or, as the case may be, providing relevant
follow-up have been made for the petty sessions area
in which it appears to the court that the defendant
would reside if granted bail; and
(b) the notice has not been withdrawn.”,
(b) in paragraph 8(1), for “(4) to (7)” there is substituted “(4) to (6B) or (7)”.
20 Supplementary amendments to the Bail Act 1976
(1) In Part 1 of Schedule 1 to the 1976 Act (supplementary provisions relating to
bail of defendant accused or convicted of imprisonable offence) the existing
text of paragraph 2 is to be sub-paragraph (1) of that paragraph, and after that
sub-paragraph (as so re-numbered) there is inserted—
“(2) Where the defendant falls within one or more of paragraphs 2A, 6
and 6B of this Part of this Schedule, this paragraph shall not apply
(a) where the defendant falls within paragraph 2A, the court
is satisfied as mentioned in sub-paragraph (1) of that
(b) where the defendant falls within paragraph 6, the court is
satisfied as mentioned in sub-paragraph (1) of that
(c) where the defendant falls within paragraph 6B, the court is
satisfied as mentioned in paragraph 6A of this Part of this
(2) In paragraph 9 of that Part (matters to be taken into account in making
decisions under paragraph 2 or 2A of that Part) for “2 or 2A” there is
substituted “2(1), or in deciding whether it is satisfied as mentioned in
paragraph 2A(1), 6(1) or 6A,”.
21 Interpretation of Part 2
In this Part—
“bail” means bail in criminal proceedings (within the meaning of the 1976
“bail hostel” has the meaning given by section 2(2) of the 1976 Act,
“the 1976 Act” means the Bail Act 1976 (c. 63),
“vary” has the same meaning as in the 1976 Act.
22 Conditional cautions
(1) An authorised person may give a conditional caution to a person aged 18 or
over (“the offender”) if each of the five requirements in section 23 is satisfied.
(2) In this Part “conditional caution” means a caution which is given in respect of
an offence committed by the offender and which has conditions attached to it
with which the offender must comply.
(3) The conditions which may be attached to such a caution are those which have
either or both of the following objects—
(a) ensuring or facilitating the rehabilitation of the offender,
(b) ensuring that he makes reparation for the offence.
(4) In this Part “authorised person” means—
(a) a constable,
(b) an investigating officer, or
(c) a person authorised by Director of Public Prosecutions for the purposes
of this section.
23 The five requirements
(1) The first requirement is that the authorised person has evidence that the
offender has committed an offence.
(2) The second requirement is that the Director of Public Prosecutions decides—
(a) that there is sufficient evidence to charge the offender with the offence,
(b) that a conditional caution should be given to the offender in respect of
(3) The third requirement is that the offender admits to the authorised person that
he committed the offence.
(4) The fourth requirement is that the authorised person explains the effect of the
conditional caution to the offender and warns him that failure to comply with
any of the conditions attached to the caution may result in his being prosecuted
for the offence.
(5) The fifth requirement is that the offender signs a document which contains—
(a) details of the offence,
(b) an admission by him that he committed the offence,
(c) his consent to being given the conditional caution, and
(d) the conditions attached to the caution.