(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 143 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(b) the notice has not been withdrawn.”,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)”.
19 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
Schedule or paragraph 6A does not apply by virtue of
paragraph 6C of this Part of this Schedule.”
(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,”.
20 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.
21 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 22 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) 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 a relevant prosecutor for the purposes of this
22 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 a relevant prosecutor 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.
23 Failure to comply with conditions
(1) If the offender fails, without reasonable excuse, to comply with any of the
conditions attached to the conditional caution, criminal proceedings may be
instituted against the person for the offence in question.
(2) The document mentioned in section 22(5) is to be admissible in such
(3) Where such proceedings are instituted, the conditional caution is to cease to
24 Code of practice
(1) The Secretary of State must prepare a code of practice in relation to conditional
(2) The code may, in particular, include provision as to—
(a) the circumstances in which conditional cautions may be given,
(b) the procedure to be followed in connection with the giving of such
(c) the conditions which may be attached to such cautions and the time for
which they may have effect,
(d) the category of constable or investigating officer by whom such
cautions may be given,
(e) the persons who may be authorised by a relevant prosecutor for the
purposes of section 21,
(f) the form which such cautions are to take and the manner in which they
are to be given and recorded,
(g) the places where such cautions may be given, and
(h) the monitoring of compliance with conditions attached to such
(3) After preparing a draft of the code the Secretary of State—
(a) must publish the draft,
(b) must consider any representations made to him about the draft, and
(c) may amend the draft accordingly,
but he may not publish or amend the draft without the consent of the Attorney
(4) After the Secretary of State has proceeded under subsection (3) he must lay the
code before each House of Parliament.
(5) When he has done so he may bring the code into force by order.
(6) The Secretary of State may from time to time revise a code of practice brought
into force under this section.
(7) Subsections (3) to (6) are to apply (with appropriate modifications) to a revised
code as they apply to an original code.
25 Interpretation of Part 3
In this Part—
“authorised person” has the meaning given by section 21(4),
“conditional caution” has the meaning given by section 21(2),
“investigating officer” means a person designated as an investigating
officer under section 38 of the Police Reform Act 2002 (c. 30),
“the offender” has the meaning given by section 21(1),
“relevant prosecutor” means—
(a) the Director of the Serious Fraud Office,
(b) the Director of Public Prosecutions,
(c) a Secretary of State,
(d) the Commissioners of Inland Revenue,
(e) the Commissioners of Customs and Excise, or
(f) a person who is specified in an order made by the Secretary of
State as being a relevant prosecutor for the purposes of this Part.
26 Charging or release of persons in police detention
Schedule 2 (which makes provision in relation to the charging or release of
persons in police detention) shall have effect.