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(d) after subsection (8), there is inserted— | |
“(9) In relation to a person who has not attained the age of 18, this | |
section applies only where— | |
(a) the relevant chief officer has been notified by the | |
Secretary of State that arrangements for the taking of | 5 |
samples under this section from persons who have not | |
attained the age of 18 have been made for the police area | |
as a whole, or for the particular police station, in which | |
the person is in police detention; and | |
(b) the notice has not been withdrawn. | 10 |
(10) In this section— | |
“appropriate adult”, in relation to a person who has not | |
attained the age of 17, means— | |
(a) his parent or guardian or, if he is in the care of a | |
local authority or voluntary organisation, a | 15 |
person representing that authority or | |
organisation; or | |
(b) a social worker of a local authority social services | |
department; or | |
(c) if no person falling within paragraph (a) or (b) is | 20 |
available, any responsible person aged 18 or | |
over who is not a police officer or a person | |
employed by the police; | |
“relevant chief officer” means— | |
(a) in relation to a police area, the chief officer of | 25 |
police of the police force for that police area; or | |
(b) in relation to a police station, the chief officer of | |
police of the police force for the police area in | |
which the police station is situated.” | |
Part 2 | 30 |
Bail | |
13 Grant and conditions of bail | |
(1) In section 3(6) of the 1976 Act (which sets out cases where bail conditions may | |
be imposed)— | |
(a) the words “to secure that” are omitted, | 35 |
(b) the words “to secure that” are inserted at the beginning of each of | |
paragraphs (a) to (e), | |
(c) after paragraph (c) there is inserted— | |
“(ca) for his own protection or, if he is a child or young | |
person, for his own welfare or in his own interests,”, | 40 |
(d) for “or (c)” there is substituted “, (c) or (ca)”. | |
(2) In section 3A(5) of the 1976 Act (no conditions may be imposed under section | |
3(4), (5), (6) or (7) unless necessary for certain purposes)— | |
(a) the words “for the purpose of preventing that person from” are | |
omitted, | 45 |
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(b) the words “for the purpose of preventing that person from” are inserted | |
at the beginning of each of paragraphs (a) to (c), | |
(c) after paragraph (c) there is inserted “or | |
(d) for that person’s own protection or, if he is a child or | |
young person, for his own welfare or in his own | 5 |
interests.”. | |
(3) In paragraph 8(1) of that Part (no conditions may be imposed under section | |
3(4) to (7) unless necessary to do so for certain purposes) for the words from | |
“that it is necessary to do so” onwards there is substituted “that it is necessary | |
to do so— | 10 |
(a) for the purpose of preventing the occurrence of any of the | |
events mentioned in paragraph 2(1) of this Part of this Schedule, | |
or | |
(b) for the defendant’s own protection or, if he is a child or young | |
person, for his own welfare or in his own interests.”. | 15 |
(4) For paragraph 5 of Part 2 of that Schedule (defendant need not be granted bail | |
if having been released on bail he has been arrested in pursuance of section 7) | |
there is substituted— | |
“5 The defendant need not be granted bail if— | |
(a) having been released on bail in or in connection with the | 20 |
proceedings for the offence, he has been arrested in | |
pursuance of section 7 of this Act; and | |
(b) 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 fail to surrender to | 25 |
custody, commit an offence on bail or interfere with | |
witnesses or otherwise obstruct the course of justice (whether | |
in relation to himself or any other person).”. | |
14 Offences committed on bail | |
(1) For paragraph 2A of Part 1 of Schedule 1 to the 1976 Act (defendant need not | 30 |
be granted bail where he was on bail on date of offence) there is substituted— | |
“2A (1) If the defendant falls within this paragraph he 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 | 35 |
(disregarding other considerations). | |
(2) The defendant falls within this paragraph if— | |
(a) he is aged 18 or over, and | |
(b) it appears to the court that he was on bail in criminal | |
proceedings on the date of the offence.” | 40 |
(2) After paragraph 9 of that Part there is inserted— | |
“9AA (1) This paragraph applies if the defendant— | |
(a) is under the age of 18, and | |
(b) it appears to the court that he was on bail in criminal | |
proceedings on the date of the offence. | 45 |
(2) In deciding for the purposes of paragraph 2(1) of this Part of this | |
Schedule whether it is satisfied that there are substantial grounds for | |
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believing that the defendant, if released on bail (whether subject to | |
conditions or not), would commit an offence while on bail, the court | |
shall give particular weight to the fact that the defendant was on bail | |
in criminal proceedings on the date of the offence.” | |
15 Absconding by persons released on bail | 5 |
(1) For paragraph 6 of Part 1 of Schedule 1 to the 1976 Act (defendant need not be | |
granted bail if having been released on bail he has been arrested in pursuance | |
of section 7) there is substituted— | |
“6 (1) If the defendant falls within this paragraph, he may not be granted | |
bail unless the court is satisfied that there is no significant risk that, | 10 |
if released on bail (whether subject to conditions or not), he would | |
fail to surrender to custody; but this does not require the court, if so | |
satisfied, to grant bail (disregarding other considerations). | |
(2) Subject to sub-paragraph (3) below, the defendant falls within this | |
paragraph if— | 15 |
(a) he is aged 18 or over, and | |
(b) it appears to the court that, having been released on bail in | |
or in connection with the proceedings for the offence, he | |
failed to surrender to custody. | |
(3) Where it appears to the court that the defendant had reasonable | 20 |
cause for his failure to surrender to custody, he does not fall within | |
this paragraph unless it also appears to the court that he failed to | |
surrender to custody at the appointed place as soon as reasonably | |
practicable after the appointed time. | |
(4) For the purposes of sub-paragraph (3) above, a failure to give to the | 25 |
defendant a copy of the record of the decision to grant him bail shall | |
not constitute a reasonable cause for his failure to surrender to | |
custody.” | |
(2) In section 6 of the 1976 Act (offence of absconding by person released on bail) | |
after subsection (9) there is inserted— | 30 |
“(10) Section 127 of the Magistrates’ Courts Act 1980 shall not apply in | |
relation to an offence under subsection (1) or (2) above. | |
(11) Where a person has been released on bail in criminal proceedings and | |
that bail was granted by a constable, a magistrates’ court shall not try | |
that person for an offence under subsection (1) or (2) above in relation | 35 |
to that bail (the “relevant offence”) unless subsection (12) or (13) below | |
applies. | |
(12) This subsection applies if an information is laid for the relevant offence | |
within 6 months from the time of the commission of the relevant | |
offence. | 40 |
(13) This subsection applies if— | |
(a) subsection (12) above does not apply, | |
(b) none of the events mentioned in subsection (14) below occurs | |
during the period mentioned in subsection (12) above, and | |
(c) no later than 3 months from the time of the occurrence of the | 45 |
first of those events to occur after the end of that period, an | |
information is laid for the relevant offence. | |
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(14) Those events are— | |
(a) the person surrenders to custody at the appointed place; | |
(b) the person is arrested, or attends at a police station, in | |
connection with the relevant offence or the offence for which he | |
was granted bail; | 5 |
(c) the person appears or is brought before a court in connection | |
with the relevant offence or the offence for which he was | |
granted bail.” | |
16 Appeal to Crown Court | |
(1) This section applies where a magistrates’ court grants bail to a person (“the | 10 |
person concerned”) on adjourning a case under— | |
(a) section 10 of the Magistrates’ Courts Act 1980 (c. 43) (adjournment of | |
trial), | |
(b) section 17C of that Act (intention as to plea: adjournment), | |
(c) section 18 of that Act (initial procedure on information against adult for | 15 |
offence triable either way), | |
(d) section 24C of that Act (intention as to plea by child or young person: | |
adjournment), | |
(e) section 52(5) of the Crime and Disorder Act 1998 (adjournment of | |
proceedings under section 51 etc), or | 20 |
(f) section 11 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | |
(remand for medical examination). | |
(2) Subject to the following provisions of this section, the person concerned may | |
appeal to the Crown Court against any condition of bail falling within | |
subsection (3). | 25 |
(3) A condition of bail falls within this subsection if it is a requirement— | |
(a) that the person concerned resides away from a particular place or area | |
and at a place other than a bail hostel, | |
(b) for the provision of a surety or sureties or the giving of a security, | |
(c) that the person concerned remains indoors between certain hours, or | 30 |
(d) imposed under section 3(6ZAA) of the 1976 Act (requirements with | |
respect to electronic monitoring). | |
(4) An appeal under this section may not be brought unless subsection (5) or (6) | |
applies. | |
(5) This subsection applies if an application to the magistrates’ court under section | 35 |
3(8)(a) of the 1976 Act (application by or on behalf of person granted bail) was | |
made and determined before the appeal was brought. | |
(6) This subsection applies if an application to the magistrates’ court— | |
(a) under section 3(8)(b) of the 1976 Act (application by constable or | |
prosecutor), or | 40 |
(b) under section 5B(1) of that Act (application by prosecutor), | |
was made and determined before the appeal was brought. | |
(7) On an appeal under this section the Crown Court may vary the conditions of | |
bail. | |
(8) Where the Crown Court determines an appeal under this section, the person | 45 |
concerned may not bring any further appeal under this section in respect of the | |
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conditions of bail unless an application or a further application to the | |
magistrates’ court under section 3(8)(a) of the 1976 Act is made and | |
determined after the appeal. | |
17 Appeals to High Court | |
(1) In section 22(1) of the Criminal Justice Act 1967 (c. 80) (extension of power of | 5 |
High Court to grant, or vary conditions of, bail)— | |
(a) after “Where” there is inserted “(a)”, and | |
(b) after “proceedings,”, in the second place where it occurs, there is | |
inserted “and | |
(b) it does so where an application to the court to state a case | 10 |
for the opinion of the High Court is made,”. | |
(2) The inherent power of the High Court to entertain an application in relation to | |
bail where a magistrates’ court— | |
(a) has granted or withheld bail, or | |
(b) has varied the conditions of bail, | 15 |
is abolished. | |
(3) The inherent power of the High Court to entertain an application in relation to | |
bail where the Crown Court has determined— | |
(a) an application under section 3(8) of the 1976 Act, or | |
(b) an application under section 81(1)(a), (b), (c) or (g) of the Supreme | 20 |
Court Act 1981 (c. 54), | |
is abolished. | |
(4) The High Court is to have no power to entertain an application in relation to | |
bail where the Crown Court has determined an appeal under section 16 of this | |
Act. | 25 |
(5) The High Court is to have no power to entertain an application in relation to | |
bail where the Crown Court— | |
(a) has granted or withheld bail, or | |
(b) has varied the conditions of bail, | |
under section 81 or 82 of this Act. | 30 |
(6) Nothing in this section affects— | |
(a) any other power of the High Court to grant or withhold bail or to vary | |
the conditions of bail, or | |
(b) any right of a person to apply for a writ of habeas corpus or any other | |
prerogative remedy. | 35 |
(7) Any reference in this section to an application in relation to bail is to be read as | |
including— | |
(a) an application for bail to be granted, | |
(b) an application for bail to be withheld, or | |
(c) an application for the conditions of bail to be varied. | 40 |
(8) Any reference in this section to the withholding of bail is to be read as | |
including a reference to the revocation of bail. | |
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