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A | |
Bill | |
To | |
Make provision about criminal justice (including the powers and duties of the | |
police) and about dealing with offenders; to amend the law relating to jury | |
service; to amend Chapter 1 of Part 1 of the Crime and Disorder Act 1998 and | |
Part 5 of the Police Act 1997; and for connected purposes. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
Part 1 | |
Amendments of Police and Criminal Evidence Act 1984 | |
General amendments | |
1 Extension of powers to stop and search | |
(1) In this Part, “the 1984 Act” means the Police and Criminal Evidence Act 1984 | 5 |
(c. 60). | |
(2) In section 1(8) of the 1984 Act (offences for purpose of definition of prohibited | |
article), at the end of paragraph (d) there is inserted “; and | |
(e) offences under section 1 of the Criminal Damage Act 1971 | |
(destroying or damaging property).” | 10 |
2 Warrants to enter and search | |
In section 16 of the 1984 Act (execution of warrants), after subsection (2) there | |
is inserted— | |
“(2A) A person so authorised has the same powers as the constable whom he | |
accompanies in respect of— | 15 |
(a) the execution of the warrant, and | |
(b) the seizure of anything to which the warrant relates. | |
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(2B) But he may exercise those powers only in the company, and under the | |
supervision, of a constable.” | |
3 Bail elsewhere than at police station | |
(1) Section 30 of the 1984 Act (arrest elsewhere than at police station) is amended | |
as follows. | 5 |
(2) For subsection (1) there is substituted— | |
“(1) Subsection (1A) applies where a person is, at any place other than a | |
police station— | |
(a) arrested by a constable for an offence, or | |
(b) taken into custody by a constable after being arrested for an | 10 |
offence by a person other than a constable. | |
(1A) The person must be taken by a constable to a police station as soon as | |
practicable after the arrest. | |
(1B) Subsection (1A) has effect subject to section 30A (release on bail) and | |
subsection (7) (release without bail).” | 15 |
(3) In subsection (2) for “subsection (1)” there is substituted “subsection (1A)”. | |
(4) For subsection (7) there is substituted— | |
“(7) A person arrested by a constable at any place other than a police station | |
must be released without bail if the condition in subsection (7A) is | |
satisfied. | 20 |
(7A) The condition is that, at any time before the person arrested reaches a | |
police station, a constable is satisfied that there are no grounds for | |
keeping him under arrest or releasing him on bail under section 30A.” | |
(5) For subsections (10) and (11) there is substituted— | |
“(10) Nothing in subsection (1A) or in section 30A prevents a constable | 25 |
delaying taking a person to a police station or releasing him on bail if | |
the condition in subsection (10A) is satisfied. | |
(10A) The condition is that the presence of the person at a place (other than a | |
police station) is necessary in order to carry out such investigations as | |
it is reasonable to carry out immediately. | 30 |
(11) Where there is any such delay the reasons for the delay must be | |
recorded when the person first arrives at the police station or (as the | |
case may be) is released on bail.” | |
(6) In subsection (12) for “subsection (1)” there is substituted “subsection (1A) or | |
section 30A”. | 35 |
(7) After section 30 there is inserted— | |
“30A Bail elsewhere than at police station | |
(1) A constable may release on bail a person who is arrested or taken into | |
custody in the circumstances mentioned in section 30(1). | |
(2) A person may be released on bail under subsection (1) at any time | 40 |
before he arrives at a police station. | |
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(3) A person released on bail under subsection (1) must be required to | |
attend a police station. | |
(4) No other requirement may be imposed on the person as a condition of | |
bail. | |
(5) The police station which the person is required to attend may be any | 5 |
police station. | |
30B Bail under section 30A: notices | |
(1) Where a constable grants bail to a person under section 30A, he must | |
give that person a notice in writing before he is released. | |
(2) The notice must state— | 10 |
(a) the offence for which he was arrested, and | |
(b) the ground on which he was arrested. | |
(3) The notice must inform him that he is required to attend a police | |
station. | |
(4) It may also specify the police station which he is required to attend and | 15 |
the time when he is required to attend. | |
(5) If the notice does not include the information mentioned in subsection | |
(4), the person must subsequently be given a further notice in writing | |
which contains that information. | |
(6) The person may be required to attend a different police station from | 20 |
that specified in the notice under subsection (1) or (5) or to attend at a | |
different time. | |
(7) He must be given notice in writing of any such change as is mentioned | |
in subsection (6) but more than one such notice may be given to him. | |
30C Bail under section 30A: supplemental | 25 |
(1) A person who has been required to attend a police station is not | |
required to do so if he is given notice in writing that his attendance is | |
no longer required. | |
(2) If a person is required to attend a police station which is not a | |
designated police station he must be— | 30 |
(a) released, or | |
(b) taken to a designated police station, | |
not more than six hours after his arrival. | |
(3) Nothing in the Bail Act 1976 (c. 63) applies in relation to bail under | |
section 30A. | 35 |
(4) Nothing in section 30A or 30B or in this section prevents the re-arrest | |
without a warrant of a person released on bail under section 30A if new | |
evidence justifying a further arrest has come to light since his release. | |
30D Failure to answer to bail under section 30A | |
(1) A constable may arrest without a warrant a person who— | 40 |
(a) has been released on bail under section 30A subject to a | |
requirement to attend a specified police station, but | |
(b) fails to attend the police station at the specified time. | |
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(2) A person arrested under subsection (1) must be taken to a police station | |
(which may be the specified police station or any other police station) | |
as soon as practicable after the arrest. | |
(3) In subsection (1), “specified” means specified in a notice under | |
subsection (1) or (5) of section 30B or, if notice of change has been given | 5 |
under subsection (7) of that section, in that notice. | |
(4) For the purposes of— | |
(a) section 30 (subject to the obligation in subsection (2)), and | |
(b) section 31, | |
an arrest under this section is to be treated as an arrest for an offence.” | 10 |
4 Use of telephones for review of police detention | |
For section 40A(1) and (2) of the 1984 Act (use of telephone for review under | |
s.40) there is substituted— | |
“(1) A review under section 40(1)(b) may be carried out by means of a | |
discussion, conducted by telephone, with one or more persons at the | 15 |
police station where the arrested person is held. | |
(2) But subsection (1) does not apply if— | |
(a) the review is of a kind authorised by regulations under section | |
45A to be carried out using video-conferencing facilities; and | |
(b) it is reasonably practicable to carry it out in accordance with | 20 |
those regulations.” | |
5 Limits on period of detention without charge | |
In section 42(1) of the 1984 Act (conditions to be satisfied before detention | |
without charge may be extended from 24 to 36 hours), for paragraph (b) there | |
is substituted— | 25 |
“(b) an offence for which he is under arrest is an arrestable offence; | |
and”. | |
6 Property of detained persons | |
(1) In subsection (1) of section 54 of the 1984 Act (which requires the custody | |
officer at a police station to ascertain and record everything which a detained | 30 |
person has with him), there is omitted “and record or cause to be recorded”. | |
(2) Subsection (2) of that section (which, in the case of an arrested person, requires | |
the record to be kept as part of his custody record) is omitted. | |
7 Taking fingerprints without consent | |
(1) Section 61 of the 1984 Act (fingerprinting) is amended as follows. | 35 |
(2) For subsections (3) and (4) (taking of fingerprints without appropriate consent) | |
there is substituted— | |
“(3) The fingerprints of a person detained at a police station may be taken | |
without the appropriate consent if— | |
(a) he is detained in consequence of his arrest for a recordable | 40 |
offence; and | |
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(b) he has not had his fingerprints taken in the course of the | |
investigation of the offence by the police. | |
(4) The fingerprints of a person detained at a police station may be taken | |
without the appropriate consent if— | |
(a) he has been charged with a recordable offence or informed that | 5 |
he will be reported for such an offence; and | |
(b) he has not had his fingerprints taken in the course of the | |
investigation of the offence by the police.” | |
(3) In subsection (3A) (disregard of incomplete or unsatisfactory fingerprints) for | |
the words from the beginning to “subsection (3) above” there is substituted | 10 |
“Where a person mentioned in paragraph (a) of subsection (3) or (4) has | |
already had his fingerprints taken in the course of the investigation of the | |
offence by the police”. | |
(4) In subsection (5) (authorisation to be given or confirmed in writing) for | |
“subsection (3)(a) or (4A)” there is substituted “subsection (4A)”. | 15 |
(5) In subsection (7) (reasons for taking of fingerprints without consent) for | |
“subsection (3) or (6)” there is substituted “subsection (3), (4) or (6)”. | |
8 Taking non-intimate samples without consent | |
(1) Section 63 of the 1984 Act (other samples) is amended as follows. | |
(2) After subsection (2) (consent to be given in writing) there is inserted— | 20 |
“(2A) A non-intimate sample may be taken from a person without the | |
appropriate consent if two conditions are satisfied. | |
(2B) The first is that the person is in police detention in consequence of his | |
arrest for a recordable offence. | |
(2C) The second is that— | 25 |
(a) he has not had a non-intimate sample of the same type and from | |
the same part of the body taken in the course of the | |
investigation of the offence by the police, or | |
(b) he has had such a sample taken but it proved insufficient.” | |
(3) In subsection (3)(a) (taking of samples without appropriate consent) the words | 30 |
“is in police detention or” are omitted. | |
(4) In subsection (3A) (taking of samples without appropriate consent after | |
charge) for “(whether or not he falls within subsection (3)(a) above)” there is | |
substituted “(whether or not he is in police detention or held in custody by the | |
police on the authority of a court)”. | 35 |
(5) In subsection (8A) (reasons for taking of samples without consent) for | |
“subsection (3A)” there is substituted “subsection (2A), (3A)”. | |
9 Codes of practice | |
(1) In section 67 of the 1984 Act (supplementary provisions about codes), for | |
subsections (1) to (7C) there is substituted— | 40 |
“(1) In this section, “code” means a code of practice under section 60, 60A or | |
66. | |
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(2) The Secretary of State may at any time revise the whole or any part of a | |
code. | |
(3) A code may be made, or revised, so as to— | |
(a) apply only in relation to one or more specified areas, | |
(b) have effect only for a specified period, | 5 |
(c) apply only in relation to specified offences or descriptions of | |
offender. | |
(4) Before issuing a code, or any revision of a code, the Secretary of State | |
must consult— | |
(a) persons whom he considers to represent the interests of police | 10 |
authorities, | |
(b) persons whom he considers to represent the interests of chief | |
officers of police, and | |
(c) such other persons as he thinks fit. | |
(5) The Secretary of State must lay a code, or any revision of a code, before | 15 |
Parliament.” | |
(2) Section 113 of the 1984 Act (application of Act to armed forces) is amended as | |
follows. | |
(3) After subsection (3) there is inserted— | |
“(3A) In subsections (4) to (10), “code” means a code of practice under | 20 |
subsection (3).” | |
(4) For subsections (5) to (7) there is substituted— | |
“(5) The Secretary of State may at any time revise the whole or any part of a | |
code. | |
(6) A code may be made, or revised, so as to— | 25 |
(a) apply only in relation to one or more specified areas, | |
(b) have effect only for a specified period, | |
(c) apply only in relation to specified offences or descriptions of | |
offender. | |
(7) The Secretary of State must lay a code, or any revision of a code, before | 30 |
Parliament.” | |
10 Amendments related to this Part | |
Schedule 1 (which makes amendments related to the provisions of this Part) | |
has effect. | |
Amendments relating to drugs | 35 |
11 Power of arrest for possession of Class C drugs | |
In Schedule 1A to the 1984 Act (specific offences which are arrestable offences), | |
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after paragraph 6 there is inserted— | |
“Misuse of Drugs Act 1971 | |
6A An offence under section 5(2) of the Misuse of Drugs Act 1971 (c. 38) | |
(having possession of a controlled drug) in respect of a Class C drug | |
(within the meaning of that Act).” | 5 |
12 Drug testing for under-eighteens | |
(1) The 1984 Act is amended as follows. | |
(2) In section 38 (duties of custody officer after charge)— | |
(a) in subsection (1)— | |
(i) for sub-paragraph (iiia) of paragraph (a) there is substituted— | 10 |
“(iiia) except in a case where (by virtue of | |
subsection (9) of section 63B below) that | |
section does not apply, the custody | |
officer has reasonable grounds for | |
believing that the detention of the person | 15 |
is necessary to enable a sample to be | |
taken from him under that section;”, | |
(ii) in sub-paragraph (i) of paragraph (b), after “satisfied” there is | |
inserted “(but, in the case of paragraph (a)(iiia) above, only if | |
the arrested juvenile has attained the minimum age)”, | 20 |
(b) in subsection (6A), after the definition of “local authority | |
accommodation” there is inserted— | |
““minimum age” means the age specified in section 63B(3) | |
below;”. | |
(3) In section 63B (testing for presence of Class A drugs)— | 25 |
(a) in subsection (3), for “18” there is substituted “14”, | |
(b) after subsection (5), there is inserted— | |
“(5A) In the case of a person who has not attained the age of 17— | |
(a) the making of the request under subsection (4) above; | |
(b) the giving of the warning and (where applicable) the | 30 |
information under subsection (5) above; and | |
(c) the taking of the sample, | |
may not take place except in the presence of an appropriate | |
adult.”. | |
(c) after subsection (6), there is inserted— | 35 |
“(6A) The Secretary of State may by order made by statutory | |
instrument amend subsection (3) above by substituting for the | |
age for the time being specified a different age specified in the | |
order. | |
(6B) A statutory instrument containing an order under subsection | 40 |
(6A) above shall not be made unless a draft of the instrument | |
has been laid before, and approved by a resolution of, each | |
House of Parliament.”, | |
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