資料由法律人 LawPlayer整理提供·UK legislation / curated by LawPlayer from legislation.gov.uk
(1) In this Part, “ the 1984 Act ” means the Police and Criminal Evidence Act 1984 (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).
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—
(a) the execution of the warrant, and
(b) the seizure of anything to which the warrant relates.
(2B) But he may exercise those powers only in the company, and under the supervision, of a constable.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Section 30 of the 1984 Act (arrest elsewhere than at police station) is amended as follows.
(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 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).
(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.
(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 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.
(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 ” .
(7) After section 30 there is inserted—
Bail elsewhere than at police station
(30A)
(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 before he arrives at a police station.
(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 police station.
Bail under section 30A: notices
(30B)
(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—
(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 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 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.
Bail under section 30A: supplemental
(30C)
(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—
(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 applies in relation to bail under section 30A.
(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.
Failure to answer to bail under section 30A
(30D)
(1) A constable may arrest without a warrant a person who—
(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.
(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 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.
(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—
(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 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) ” ,
(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)—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 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—
(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 (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.
(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 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) 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 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 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 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.
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 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 those regulations.
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—
(b) an offence for which he is under arrest is an arrestable offence; and
(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 person has with him), there is omitted “and record or cause to be recorded”.
(2) For subsection (2) of that section (record of arrested person to be made as part of custody record) there is substituted—
(2) The custody officer may record or cause to be recorded all or any of the things which he ascertains under subsection (1).
(2A) In the case of an arrested person, any such record may be made as part of his custody record.
(1) Section 61 of the 1984 Act (fingerprinting) is amended as follows.
(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 offence; and
(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 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 “ 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) ” .
(5) In subsection (7) (reasons for taking of fingerprints without consent) for “subsection (3) or (6)” there is substituted “ subsection (3), (4) or (6) ” .
(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—
(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—
(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 “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) ” .
(5) In subsection (8A) (reasons for taking of samples without consent) for “subsection (3A)” there is substituted “ subsection (2A), (3A) ” .
(1) In section 67 of the 1984 Act (supplementary provisions about codes), for subsections (1) to (7C) there is substituted—
(1) In this section, “ code ” means a code of practice under section 60, 60A or 66.
(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,
(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 authorities,
(b) persons whom he considers to represent the interests of chief officers of police,
(c) the General Council of the Bar,
(d) the Law Society of England and Wales,
(e) the Institute of Legal Executives, and
(f) such other persons as he thinks fit.
(5) A code, or a revision of a code, does not come into operation until the Secretary of State by order so provides.
(6) The power conferred by subsection (5) is exercisable by statutory instrument.
(7) An order bringing a code into operation may not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
(7A) An order bringing a revision of a code into operation must be laid before Parliament if the order has been made without a draft having been so laid and approved by a resolution of each House.
(7B) When an order or draft of an order is laid, the code or revision of a code to which it relates must also be laid.
(7C) No order or draft of an order may be laid until the consultation required by subsection (4) has taken place.
(7D) An order bringing a code, or a revision of a code, into operation may include transitional or saving provisions.
(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 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—
(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 Parliament.
Schedule 1 (which makes amendments related to the provisions of this Part) has effect.
(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,
(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,
(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,
(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 interests.
(3) In paragraph 8(1) of Part 1 of Schedule 1 to the 1976 Act (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—
(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.
(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 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 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).
(1) For paragraph 2A of Part 1 of Schedule 1 to the 1976 Act (defendant need not 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).
(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.
(2) After paragraph 9 of that Part there is inserted—
(9AA)
(1) This paragraph applies if—
(a) the defendant 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.
(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 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.
(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, if released on bail (whether subject to conditions or not), he would fail to surrender to custody.
(2) Subject to sub-paragraph (3) below, the defendant falls within this paragraph if—
(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 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 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) After paragraph 9AA of that Part (inserted by section 14(2)) there is inserted—
(9AB)
(1) Subject to sub-paragraph (2) below, this paragraph applies if—
(a) the defendant is under the age of 18, 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.
(2) Where it appears to the court that the defendant had reasonable cause for his failure to surrender to custody, this paragraph does not apply 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.
(3) 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 believing that the defendant, if released on bail (whether subject to conditions or not), would fail to surrender to custody, the court shall give particular weight to—
(a) where the defendant did not have reasonable cause for his failure to surrender to custody, the fact that he failed to surrender to custody, or
(b) where he did have reasonable cause for his failure to surrender to custody, the fact 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 this paragraph, a failure to give to the 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.
(3) In section 6 of the 1976 Act (offence of absconding by person released on bail) after subsection (9) there is inserted—
(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 to that bail (the “relevant offence”) unless either or both of subsections (12) and (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.
(13) This subsection applies if an information is laid for the relevant offence no later than 3 months from the time of the occurrence of the first of the events mentioned in subsection (14) below to occur after the commission of the relevant offence.
(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;
(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.
(1) This section applies where a magistrates' court grants bail to a person (“ the 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 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 (c. 37) (adjournment of proceedings under section 51 etc ), or
(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).
(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,
(b) that the person concerned resides at a particular place other than a bail hostel,
(c) for the provision of a surety or sureties or the giving of a security,
(d) that the person concerned remains indoors between certain hours,
(e) imposed under section 3(6ZAA) of the 1976 Act (requirements with respect to electronic monitoring), or
(f) that the person concerned makes no contact with another person.
(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 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
(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 concerned may not bring any further appeal under this section in respect of the 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.
(1) In section 22(1) of the Criminal Justice Act 1967 (c. 80) (extension of power of 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 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,
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 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.
(5) The High Court is to have no power to entertain an application in relation to bail where the Crown Court has granted or withheld bail under section 88 or 89 of this Act.
(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.
(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,
(c) an application for the conditions of bail to be varied.
(8) Any reference in this section to the withholding of bail is to be read as including a reference to the revocation of bail.
(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 is substituted—
(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 ” .
(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 bail; and
(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 (imprisonable offences)—
(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).
Exception applicable to drug users in certain areas
(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; or
(ii) under section 161 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.
Exception applicable to drug users in certain areas
(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) ” .
(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 unless—
(a) where the defendant falls within paragraph 2A, the court is satisfied as mentioned in sub-paragraph (1) of that paragraph;
(b) where the defendant falls within paragraph 6, the court is satisfied as mentioned in sub-paragraph (1) of that paragraph;
(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, ” .
In this Part—
“ bail ” means bail in criminal proceedings (within the meaning of the 1976 Act),
“ 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.
(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 any conditional caution are those which have one or more of the following objects—
(a) facilitating the rehabilitation of the offender;
(b) ensuring that the offender makes reparation for the offence;
(c) punishing the offender.
(3A) The conditions which may be attached to a conditional caution include—
(a) (subject to section 23A) a condition that the offender pay a financial penalty;
(b) a condition that the offender attend at a specified place at specified times.
“ Specified ” means specified in the condition .
(3B) Conditions attached by virtue of subsection (3A)(b) may not require the offender to attend for more than 20 hours in total, not including any attendance required by conditions attached for the purpose of facilitating the offender's rehabilitation.
(3C) The Secretary of State may by order amend subsection (3B) by substituting a different figure.
(3D) A conditional caution given to a relevant foreign offender may have conditions attached to it that have one or more of the objects mentioned in subsection (3E) (whether or not in addition to conditions with one or more of the objects mentioned in subsection (3)).
(3E) The objects are—
(a) bringing about the departure of the relevant foreign offender from the United Kingdom;
(b) ensuring that the relevant foreign offender does not return to the United Kingdom for a period of time.
(3F) If a relevant foreign offender is given a conditional caution with a condition attached to it with the object of ensuring that the offender does not return to the United Kingdom for a period of time, the expiry of that period does not of itself give rise to any right on the part of the offender to return to the United Kingdom.
(3G) In this section “ relevant foreign offender ” means—
(a) an offender directions for whose removal from the United Kingdom have been, or may be, given under—
(i) Schedule 2 to the Immigration Act 1971, or
(ii) section 10 of the Immigration and Asylum Act 1999, or
(b) an offender against whom a deportation order under section 5 of the Immigration Act 1971 is in force.
(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 section.
(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 or the authorised person decides—
(a) that there is sufficient evidence to charge the offender with the offence, and
(b) that a conditional caution should be given to the offender in respect of the offence.
(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.
(1) A condition that the offender pay a financial penalty (a “financial penalty condition”) may not be attached to a conditional caution given in respect of an offence unless the offence is one that is prescribed, or of a description prescribed, in an order made by the Secretary of State.
(2) An order under subsection (1) must prescribe, in respect of each offence or description of offence in the order, the maximum amount of the penalty that may be specified under subsection (5)(a).
(3) The amount that may be prescribed in respect of any offence (other than one to which subsection (4A) applies) must not exceed—
(a) one quarter of the amount of the maximum fine for which a person is liable on summary conviction of the offence, or
(b) £250,
whichever is the lower.
(4) The Secretary of State may by order amend subsection (3) by—
(a) substituting a different fraction in paragraph (a);
(b) substituting a different figure in paragraph (b).
(4A) In the case of an offence for which a person is liable on summary conviction to a fine of an unlimited amount, the amount that may be prescribed must not exceed the amount for the time being specified in subsection (3)(b).
(5) Where a financial penalty condition is attached to a conditional caution, the condition must specify—
(a) the amount of the penalty,
(b) the person to whom the financial penalty is to be paid and how it may be paid.
(6) To comply with the condition, the offender must pay the penalty in accordance with the provision specified under subsection (5)(b) .
(6A) Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A relevant prosecutor or an authorised person may, with the consent of the offender, vary the conditions attached to a conditional caution by—
(a) modifying or omitting any of the conditions;
(b) adding a condition.
(1) Before deciding what conditions to attach to a conditional caution, a relevant prosecutor or the authorised person must make reasonable efforts to obtain the views of the victim (if any) of the offence, and in particular the victim's views as to whether the offender should carry out any of the actions listed in the community remedy document.
(2) If the victim expresses the view that the offender should carry out a particular action listed in the community remedy document, the prosecutor or authorised person must attach that as a condition unless it seems to the prosecutor or authorised person that it would be inappropriate to do so.
(3) Where—
(a) there is more than one victim and they express different views, or
(b) for any other reason subsection (2) does not apply,
the prosecutor or authorised person must nevertheless take account of any views expressed by the victim (or victims) in deciding what conditions to attach to the conditional caution.
(4) In this section—
“ community remedy document ” means the community remedy document (as revised from time to time) published under section 101 of the Anti-social Behaviour, Crime and Policing Act 2014 for the police area in which the offence was committed;
“ victim ” means the particular person who seems to the relevant prosecutor or authorised person to have been affected, or principally affected, by the offence.
(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 23(5) is to be admissible in such proceedings.
(3) Where such proceedings are instituted, the conditional caution is to cease to have effect.
(1) If a constable has reasonable grounds for believing that the offender has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution, he may arrest him without warrant.
(2) A person arrested under this section must be—
(a) charged with the offence in question,
(b) released without charge and on bail if—
(i) the release is to enable a decision to be made as to whether the person should be charged with the offence, and
(ii) the pre-conditions for bail are satisfied, or
(c) released without charge and without bail (with or without any variation in the conditions attached to the caution) if paragraph (b) does not apply.
(3) Subsection (2) also applies in the case of—
(a) a person who, having been released on bail under subsection (2)(b) , returns to a police station to answer bail or is otherwise in police detention at a police station;
(b) a person who, having been released on bail under section 30A of the 1984 Act (bail elsewhere than at police station) as applied by section 24B below, attends at a police station to answer bail or is otherwise in police detention at a police station;
(c) a person who is arrested under section 30D or 46A of the 1984 Act (power of arrest for failure to answer to police bail) as applied by section 24B below.
(4) Where a person is released under subsection (2)(b) , the custody officer must inform him that he is being released to enable a decision to be made as to whether he should be charged with the offence in question.
(5) A person arrested under this section, or any other person in whose case subsection (2) applies, may be kept in police detention—
(a) to enable him to be dealt with in accordance with that subsection, or
(b) where applicable, to enable the power under section 47(4A) of the 1984 Act (power of custody officer to appoint a different or additional time for answering to police bail), as applied by section 24B below, to be exercised.
If the person is not in a fit state to enable him to be so dealt with, or to enable that power to be exercised, he may be kept in police detention until he is.
(6) The power under subsection (5)(a) includes power to keep the person in police detention if it is necessary to do so for the purpose of investigating whether he has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution.
(7) Subsection (2) must be complied with as soon as practicable after the person arrested arrives at the police station or, in the case of a person arrested at the police station, as soon as practicable after the arrest.
(8) Subsection (2) does not require a person who—
(a) falls within subsection (3)(a) or (b), and
(b) is in police detention in relation to a matter other than the conditional caution,
to be released if he is liable to be kept in detention in relation to that other matter.
(8A) In subsection (2) the reference to the pre-conditions for bail is to be read in accordance with section 50A of the 1984 Act.
(9) In this Part—
“ the 1984 Act ” means the Police and Criminal Evidence Act 1984;
“ police detention ” has the same meaning as in the 1984 Act (see section 118(2) of that Act).
(1) In the case of a person arrested under section 24A, the provisions of the 1984 Act specified in subsection (2) apply, with the modifications specified in subsection (3) and with such further modifications as are necessary, as they apply in the case of a person arrested for an offence.
(2) The provisions are—
(a) section 30 (arrest elsewhere than at police station);
(b) sections 30A to 30D (bail elsewhere than at police station);
(c) section 31 (arrest for further offence);
(d) section 34(1) to (5E) (limitations on police detention);
(e) section 36 (custody officers at police stations);
(f) section 37(4) to (6C) (record of grounds for detention);
(g) section 38 (duties of custody officer after charge);
(h) section 39 (responsibilities in relation to persons detained);
(i) section 55A (x-rays and ultrasound scans).
(3) The modifications are—
(za) in section 30CA, omit subsections (4A) to (4D) ;
(a) in section 30CA(5), in paragraph (a) of the definition of “relevant officer”, for the reference to being involved in the investigation of the relevant offence substitute a reference to being involved—
(i) in the investigation of the offence in respect of which the person was given the conditional caution, or
(ii) in investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution;
(b) in section 36(5) and (7), for the references to being involved in the investigation of an offence for which the person is in police detention substitute references to being involved—
(i) in the investigation of the offence in respect of which the person was given the conditional caution, or
(ii) in investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution;
(c) in section 38(1)(a)(iii) and (iv), for “arrested for” substitute “charged with”;
(d) in section 39(2) and (3), for the references to an offence substitute references to a failure to comply with conditions attached to the conditional caution.
(4) Section 40 of the 1984 Act (review of police detention) applies to a person in police detention by virtue of section 24A above as it applies to a person in police detention in connection with the investigation of an offence, but with the following modifications—
(a) omit subsections (8) and (8A);
(b) in subsection (9), for the reference to section 37(9) or 37D(5) substitute a reference to the second sentence of section 24A(5) above.
(5) The following provisions of the 1984 Act apply to a person released on bail under section 24A(2)(b) above as they apply to a person released on bail under section 37 of that Act—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) section 46A (power of arrest for failure to answer to police bail);
(c) section 47 (bail after arrest) except subsections (4D) and (4E) .
(6) Section 54 of the 1984 Act (searches of detained persons) applies in the case of a person who falls within subsection (3) of section 24A above and is detained in a police station under that section as it applies in the case of a person who falls within section 34(7) of that Act and is detained at a police station under section 37.
(7) Section 54A of the 1984 Act (searches and examination to ascertain identity) applies with the following modifications in the case of a person who is detained in a police station under section 24A above—
(a) in subsections (1)(a) and (12), after “as a person involved in the commission of an offence” insert “or as having failed to comply with any of the conditions attached to his conditional caution”;
(b) in subsection (9)(a), after “the investigation of an offence” insert “, the investigation of whether the person in question has failed to comply with any of the conditions attached to his conditional caution”.
(1) The Secretary of State must prepare a code of practice in relation to conditional cautions.
(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 cautions,
(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 22,
(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, . . .
(ga) the provision which may be made in a condition under section 23A(5)(b),
(h) the monitoring of compliance with conditions attached to such cautions.
(i) the exercise of the power of arrest conferred by section 24A(1), and
(j) who is to decide how a person should be dealt with under section 24A(2).
(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 General.
(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.
(1) Section 1 of the Criminal Justice and Court Services Act 2000 (c. 43) (purposes of Chapter 1) is amended as follows.
(2) After subsection (1) there is inserted—
(1A) This Chapter also has effect for the purposes of providing for—
(a) authorised persons to be given assistance in determining whether conditional cautions should be given and which conditions to attach to conditional cautions, and
(b) the supervision and rehabilitation of persons to whom conditional cautions are given.
(3) After subsection (3) there is inserted—
(4) In this section “ authorised person ” and “ conditional caution ” have the same meaning as in Part 3 of the Criminal Justice Act 2003.
In this Part—
“ authorised person ” has the meaning given by section 22(4),
“ conditional caution ” has the meaning given by section 22(2),
“ investigating officer ” means an officer of Revenue and Customs, appointed in accordance with section 2(1) of the Commissioners for Revenue and Customs Act 2005, or a person designated as a policing support officer or a policing support volunteer under section 38 of the Police Reform Act 2002 (c. 30),
“ the offender ” has the meaning given by section 22(1),
“ relevant prosecutor ” means—
the Attorney General,
the Director of the Serious Fraud Office,
...
the Director of Public Prosecutions,
a Secretary of State,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
Schedule 2 (which makes provision in relation to the charging or release of persons in police detention) shall have effect.
(1) A relevant prosecutor may institute criminal proceedings against a person by issuing a document (a “written charge”) which charges the person with an offence.
(2) Where a relevant prosecutor issues a written charge, it must at the same time issue—
(a) a requisition, or
(b) a single justice procedure notice.
(2AA) A single justice procedure notice may be issued only if—
(a) the offence is a summary offence not punishable with imprisonment, and
(b) the person being charged has attained the age of 18, or is not an individual.
(2A) A requisition is a document which requires the person on whom it is served to appear before a magistrates' court to answer the written charge.
(2B) A single justice procedure notice is a document which requires the person on whom it is served to serve on the designated officer for a magistrates' court specified in the notice a written notification stating—
(a) whether the person desires to plead guilty or not guilty, and
(b) if the person desires to plead guilty, whether or not the person desires to be tried in accordance with section 16A of the Magistrates' Courts Act 1980.
(2C) Subsection (2D) applies if—
(a) the offence is specified in regulations under section 16H (3) (a) of the Magistrates’ Courts Act 1980, and
(b) the relevant prosecutor decides that it would be appropriate for the automatic online conviction option to be offered (see section 16G (1) of the Magistrates’ Courts Act 1980).
(2D) The single justice procedure notice must also explain—
(a) the steps that the person on whom the notice is served can take if the person wants to be offered the automatic online conviction option, and
(b) that if the person is offered, and accepts, that option, the requirements referred to in subsection (2B) will no longer apply.
(2E) The Lord Chancellor may by order make provision about the matters that are to be taken into account by a relevant prosecutor before deciding as mentioned in subsection (2C) (b) .
(3) Where a relevant prosecutor issues a written charge and a requisition, the written charge and requisition must be served on the person concerned, and a copy of both must be served on the court named in the requisition.
(3A) Where a relevant prosecutor issues a written charge and a single justice procedure notice, the written charge and notice must be served on the person concerned, and a copy of both must be served on the designated officer specified in the notice.
(3B) If a single justice procedure notice is served on a person, the relevant prosecutor must—
(a) at the same time serve on the person such documents as may be prescribed by Criminal Procedure Rules, and
(b) serve copies of those documents on the designated officer specified in the notice.
(3C) The written notification required by a single justice procedure notice may be served by the legal representative of the person charged on the person's behalf.
(4) A relevant prosecutor authorised to issue a requisition is not to have the power to lay an information for the purpose of obtaining the issue of a summons under section 1 of the Magistrates' Courts Act 1980 (c. 43).
(5) In this section “ relevant prosecutor ” means—
(a) a police force or a person authorised by a police force to institute criminal proceedings,
(b) the Director of the Serious Fraud Office or a person authorised by him to institute criminal proceedings,
(c) the Director of Public Prosecutions or a person authorised by him to institute criminal proceedings,
(ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(cb) the Director General of the National Crime Agency or a person authorised by him to institute criminal proceedings;
(d) the Attorney General or a person authorised by him to institute criminal proceedings,
(e) a Secretary of State or a person authorised by a Secretary of State to institute criminal proceedings,
(f) the Commissioners of Inland Revenue or a person authorised by them to institute criminal proceedings,
(g) the Commissioners of Customs and Excise or a person authorised by them to institute criminal proceedings, or
(h) a person specified in an order made by the Secretary of State for the purposes of this section or a person authorised by such a person to institute criminal proceedings.
(5A) An order under subsection (5)(h) specifying a person for the purposes of this section must also specify whether that person and a person authorised by that person to institute criminal proceedings—
(a) are authorised to issue written charges, requisitions and single justice procedure notices, or
(b) are authorised to issue only written charges and single justice procedure notices.
(6) In subsection (5) “ police force ” has the meaning given by section 3(3) of the Prosecution of Offences Act 1985 (c. 23).
(1) Criminal Procedure Rules may make—
(a) provision as to the form, content, recording, authentication and service of written charges , requisitions or single justice procedure notices , and
(b) such other provision in relation to written charges , requisitions or single justice procedure notices as appears to the Criminal Procedure Rule Committee to be necessary or expedient.
(2) Without limiting subsection (1), the provision which may be made by virtue of that subsection includes provision—
(a) which applies (with or without modifications), or which disapplies, the provision of any enactment relating to the service of documents,
(b) for or in connection with the issue of further requisitions or further single justice procedure notices .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Nothing in section 29 affects—
(a) the power of a public prosecutor to lay an information for the purpose of obtaining the issue of a warrant under section 1 of the Magistrates' Courts Act 1980 (c. 43),
(b) the power of a person who is not a public prosecutor to lay an information for the purpose of obtaining the issue of a summons or warrant under section 1 of that Act, or
(c) any power to charge a person with an offence whilst he is in custody.
(5) Except where the context otherwise requires, in any enactment contained in an Act passed before this Act—
(a) any reference (however expressed) which is or includes a reference to an information within the meaning of section 1 of the Magistrates' Courts Act 1980 (c. 43) (or to the laying of such an information) is to be read as including a reference to a written charge (or to the issue of a written charge),
(b) any reference (however expressed) which is or includes a reference to a summons under section 1 of the Magistrates' Courts Act 1980 (or to a justice of the peace issuing such a summons) is to be read as including a reference to a requisition (or to a relevant prosecutor issuing a requisition) , and
(c) any reference (however expressed) which is or includes a reference to a summons under section 1 of the Magistrates' Courts Act 1980 (or to a justice of the peace issuing such a summons) is to be read as including a reference to a single justice procedure notice (or to a relevant prosecutor issuing a single justice procedure notice).
(6) Subsection (5) does not apply to section 1 of the Magistrates' Courts Act 1980.
(7) The reference in subsection (5) to an enactment contained in an Act passed before this Act includes a reference to an enactment contained in that Act as a result of an amendment to that Act made by this Act or by any other Act passed in the same Session as this Act.
(7A) The reference in subsection (5) to an enactment contained in an Act passed before this Act is to be read, in relation to paragraph (c) of subsection (5), as including—
(a) a reference to an enactment contained in an Act passed before or in the same Session as the Criminal Justice and Courts Act 2015, and
(b) a reference to an enactment contained in such an Act as a result of an amendment to that Act made by the Criminal Justice and Courts Act 2015 or by any other Act passed in the same Session as the Criminal Justice and Courts Act 2015.
(8) In this section “ relevant prosecutor ” , “ requisition ” , “ single justice procedure notice ” and “ written charge ” have the same meaning as in section 29.
(1) In section 1(3) of the Magistrates' Courts Act 1980 (warrant may not be issued unless information substantiated on oath) the words “and substantiated on oath” are omitted.
(2) In section 13 of that Act (non-appearance of defendant: issue of warrant) in subsection (3)(a) the words “the information has been substantiated on oath and” are omitted.
(3) For subsection (3A)(a) of that section there is substituted—
(a) the offence to which the warrant relates is punishable, in the case of a person who has attained the age of 18, with imprisonment, or
In the Criminal Procedure and Investigations Act 1996 (c. 25) (in this Part referred to as “ the 1996 Act ”), in subsection (1)(a) of section 3 (primary disclosure by prosecutor)—
(a) for “in the prosecutor’s opinion might undermine” there is substituted “ might reasonably be considered capable of undermining ” ;
(b) after “against the accused” there is inserted “ or of assisting the case for the accused ” .
(1) In section 5 of the 1996 Act (compulsory disclosure by accused), after subsection (5) there is inserted—
(5A) Where there are other accused in the proceedings and the court so orders, the accused must also give a defence statement to each other accused specified by the court.
(5B) The court may make an order under subsection (5A) either of its own motion or on the application of any party.
(5C) A defence statement that has to be given to the court and the prosecutor (under subsection (5)) must be given during the period which, by virtue of section 12, is the relevant period for this section.
(5D) A defence statement that has to be given to a co-accused (under subsection (5A)) must be given within such period as the court may specify.
(2) After section 6 of that Act there is inserted—
Contents of defence statement
(6A)
(1) For the purposes of this Part a defence statement is a written statement—
(a) setting out the nature of the accused’s defence, including any particular defences on which he intends to rely,
(b) indicating the matters of fact on which he takes issue with the prosecution,
(c) setting out, in the case of each such matter, why he takes issue with the prosecution, and
(d) indicating any point of law (including any point as to the admissibility of evidence or an abuse of process) which he wishes to take, and any authority on which he intends to rely for that purpose.
(2) A defence statement that discloses an alibi must give particulars of it, including—
(a) the name, address and date of birth of any witness the accused believes is able to give evidence in support of the alibi, or as many of those details as are known to the accused when the statement is given;
(b) any information in the accused’s possession which might be of material assistance in identifying or finding any such witness in whose case any of the details mentioned in paragraph (a) are not known to the accused when the statement is given.
(3) For the purposes of this section evidence in support of an alibi is evidence tending to show that by reason of the presence of the accused at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission.
(4) The Secretary of State may by regulations make provision as to the details of the matters that, by virtue of subsection (1), are to be included in defence statements.
(3) After section 6A of that Act (inserted by subsection (2) above) there is inserted—
Updated disclosure by accused
(6B)
(1) Where the accused has, before the beginning of the relevant period for this section, given a defence statement under section 5 or 6, he must during that period give to the court and the prosecutor either—
(a) a defence statement under this section (an “updated defence statement”), or
(b) a statement of the kind mentioned in subsection (4).
(2) The relevant period for this section is determined under section 12.
(3) An updated defence statement must comply with the requirements imposed by or under section 6A by reference to the state of affairs at the time when the statement is given.
(4) Instead of an updated defence statement, the accused may give a written statement stating that he has no changes to make to the defence statement which was given under section 5 or 6.
(5) Where there are other accused in the proceedings and the court so orders, the accused must also give either an updated defence statement or a statement of the kind mentioned in subsection (4), within such period as may be specified by the court, to each other accused so specified.
(6) The court may make an order under subsection (5) either of its own motion or on the application of any party.
After section 6B of the 1996 Act (inserted by section 33 above) there is inserted—
Notification of intention to call defence witnesses
(6C)
(1) The accused must give to the court and the prosecutor a notice indicating whether he intends to call any persons (other than himself) as witnesses at his trial and, if so—
(a) giving the name, address and date of birth of each such proposed witness, or as many of those details as are known to the accused when the notice is given;
(b) providing any information in the accused’s possession which might be of material assistance in identifying or finding any such proposed witness in whose case any of the details mentioned in paragraph (a) are not known to the accused when the notice is given.
(2) Details do not have to be given under this section to the extent that they have already been given under section 6A(2).
(3) The accused must give a notice under this section during the period which, by virtue of section 12, is the relevant period for this section.
(4) If, following the giving of a notice under this section, the accused—
(a) decides to call a person (other than himself) who is not included in the notice as a proposed witness, or decides not to call a person who is so included, or
(b) discovers any information which, under subsection (1), he would have had to include in the notice if he had been aware of it when giving the notice,
he must give an appropriately amended notice to the court and the prosecutor.
After section 6C of the 1996 Act (inserted by section 34 above) there is inserted—
Notification of names of experts instructed by accused
(6D)
(1) If the accused instructs a person with a view to his providing any expert opinion for possible use as evidence at the trial of the accused, he must give to the court and the prosecutor a notice specifying the person’s name and address.
(2) A notice does not have to be given under this section specifying the name and address of a person whose name and address have already been given under section 6C.
(3) A notice under this section must be given during the period which, by virtue of section 12, is the relevant period for this section.
After section 6D of the 1996 Act (inserted by section 35 above) there is inserted—
Disclosure by accused: further provisions
(6E)
(1) Where an accused’s solicitor purports to give on behalf of the accused—
(a) a defence statement under section 5, 6 or 6B, or
(b) a statement of the kind mentioned in section 6B(4),
the statement shall, unless the contrary is proved, be deemed to be given with the authority of the accused.
(2) If it appears to the judge at a pre-trial hearing that an accused has failed to comply fully with section 5, 6B or 6C, so that there is a possibility of comment being made or inferences drawn under section 11(5), he shall warn the accused accordingly.
(3) In subsection (2) “ pre-trial hearing ” has the same meaning as in Part 4 (see section 39).
(4) The judge in a trial before a judge and jury—
(a) may direct that the jury be given a copy of any defence statement, and
(b) if he does so, may direct that it be edited so as not to include references to matters evidence of which would be inadmissible.
(5) A direction under subsection (4)—
(a) may be made either of the judge’s own motion or on the application of any party;
(b) may be made only if the judge is of the opinion that seeing a copy of the defence statement would help the jury to understand the case or to resolve any issue in the case.
(6) The reference in subsection (4) to a defence statement is a reference—
(a) where the accused has given only an initial defence statement (that is, a defence statement given under section 5 or 6), to that statement;
(b) where he has given both an initial defence statement and an updated defence statement (that is, a defence statement given under section 6B), to the updated defence statement;
(c) where he has given both an initial defence statement and a statement of the kind mentioned in section 6B(4), to the initial defence statement.
Before section 8 of the 1996 Act there is inserted—
Continuing duty of prosecutor to disclose
(7A)
(1) This section applies at all times—
(a) after the prosecutor has complied with section 3 or purported to comply with it, and
(b) before the accused is acquitted or convicted or the prosecutor decides not to proceed with the case concerned.
(2) The prosecutor must keep under review the question whether at any given time (and, in particular, following the giving of a defence statement) there is prosecution material which—
(a) might reasonably be considered capable of undermining the case for the prosecution against the accused or of assisting the case for the accused, and
(b) has not been disclosed to the accused.
(3) If at any time there is any such material as is mentioned in subsection (2) the prosecutor must disclose it to the accused as soon as is reasonably practicable (or within the period mentioned in subsection (5)(a), where that applies).
(4) In applying subsection (2) by reference to any given time the state of affairs at that time (including the case for the prosecution as it stands at that time) must be taken into account.
(5) Where the accused gives a defence statement under section 5, 6 or 6B—
(a) if as a result of that statement the prosecutor is required by this section to make any disclosure, or further disclosure, he must do so during the period which, by virtue of section 12, is the relevant period for this section;
(b) if the prosecutor considers that he is not so required, he must during that period give to the accused a written statement to that effect.
(6) For the purposes of this section prosecution material is material—
(a) which is in the prosecutor’s possession and came into his possession in connection with the case for the prosecution against the accused, or
(b) which, in pursuance of a code operative under Part 2, he has inspected in connection with the case for the prosecution against the accused.
(7) Subsections (3) to (5) of section 3 (method by which prosecutor discloses) apply for the purposes of this section as they apply for the purposes of that.
(8) Material must not be disclosed under this section to the extent that the court, on an application by the prosecutor, concludes it is not in the public interest to disclose it and orders accordingly.
(9) Material must not be disclosed under this section to the extent that it is material the disclosure of which is prohibited by section 17 of the Regulation of Investigatory Powers Act 2000 (c. 23).
In section 8 of the 1996 Act (application by accused for disclosure), for subsections (1) and (2) there is substituted—
(1) This section applies where the accused has given a defence statement under section 5, 6 or 6B and the prosecutor has complied with section 7A(5) or has purported to comply with it or has failed to comply with it.
(2) If the accused has at any time reasonable cause to believe that there is prosecution material which is required by section 7A to be disclosed to him and has not been, he may apply to the court for an order requiring the prosecutor to disclose it to him.
For section 11 of the 1996 Act there is substituted—
Faults in disclosure by accused
(11)
(1) This section applies in the three cases set out in subsections (2), (3) and (4).
(2) The first case is where section 5 applies and the accused—
(a) fails to give an initial defence statement,
(b) gives an initial defence statement but does so after the end of the period which, by virtue of section 12, is the relevant period for section 5,
(c) is required by section 6B to give either an updated defence statement or a statement of the kind mentioned in subsection (4) of that section but fails to do so,
(d) gives an updated defence statement or a statement of the kind mentioned in section 6B(4) but does so after the end of the period which, by virtue of section 12, is the relevant period for section 6B,
(e) sets out inconsistent defences in his defence statement, or
(f) at his trial—
(i) puts forward a defence which was not mentioned in his defence statement or is different from any defence set out in that statement,
(ii) relies on a matter which, in breach of the requirements imposed by or under section 6A, was not mentioned in his defence statement,
(iii) adduces evidence in support of an alibi without having given particulars of the alibi in his defence statement, or
(iv) calls a witness to give evidence in support of an alibi without having complied with section 6A(2)(a) or (b) as regards the witness in his defence statement.
(3) The second case is where section 6 applies, the accused gives an initial defence statement, and the accused—
(a) gives the initial defence statement after the end of the period which, by virtue of section 12, is the relevant period for section 6, or
(b) does any of the things mentioned in paragraphs (c) to (f) of subsection (2).
(4) The third case is where the accused—
(a) gives a witness notice but does so after the end of the period which, by virtue of section 12, is the relevant period for section 6C, or
(b) at his trial calls a witness (other than himself) not included, or not adequately identified, in a witness notice.
(5) Where this section applies—
(a) the court or any other party may make such comment as appears appropriate;
(b) the court or jury may draw such inferences as appear proper in deciding whether the accused is guilty of the offence concerned.
(6) Where—
(a) this section applies by virtue of subsection (2)(f)(ii) (including that provision as it applies by virtue of subsection (3)(b)), and
(b) the matter which was not mentioned is a point of law (including any point as to the admissibility of evidence or an abuse of process) or an authority,
comment by another party under subsection (5)(a) may be made only with the leave of the court.
(7) Where this section applies by virtue of subsection (4), comment by another party under subsection (5)(a) may be made only with the leave of the court.
(8) Where the accused puts forward a defence which is different from any defence set out in his defence statement, in doing anything under subsection (5) or in deciding whether to do anything under it the court shall have regard—
(a) to the extent of the differences in the defences, and
(b) to whether there is any justification for it.
(9) Where the accused calls a witness whom he has failed to include, or to identify adequately, in a witness notice, in doing anything under subsection (5) or in deciding whether to do anything under it the court shall have regard to whether there is any justification for the failure.
(10) A person shall not be convicted of an offence solely on an inference drawn under subsection (5).
(11) Where the accused has given a statement of the kind mentioned in section 6B(4), then, for the purposes of subsections (2)(f)(ii) and (iv), the question as to whether there has been a breach of the requirements imposed by or under section 6A or a failure to comply with section 6A(2)(a) or (b) shall be determined—
(a) by reference to the state of affairs at the time when that statement was given, and
(b) as if the defence statement was given at the same time as that statement.
(12) In this section—
(a) “ initial defence statement ” means a defence statement given under section 5 or 6;
(b) “ updated defence statement ” means a defence statement given under section 6B;
(c) a reference simply to an accused’s “defence statement” is a reference—
(i) where he has given only an initial defence statement, to that statement;
(ii) where he has given both an initial and an updated defence statement, to the updated defence statement;
(iii) where he has given both an initial defence statement and a statement of the kind mentioned in section 6B(4), to the initial defence statement;
(d) a reference to evidence in support of an alibi shall be construed in accordance with section 6A(3);
(e) “ witness notice ” means a notice given under section 6C.
In Part 1 of the 1996 Act after section 21 there is inserted—
Code of practice for police interviews of witnesses notified by accused
(21A)
(1) The Secretary of State shall prepare a code of practice which gives guidance to police officers, and other persons charged with the duty of investigating offences, in relation to the arranging and conducting of interviews of persons—
(a) particulars of whom are given in a defence statement in accordance with section 6A(2), or
(b) who are included as proposed witnesses in a notice given under section 6C.
(2) The code must include (in particular) guidance in relation to—
(a) information that should be provided to the interviewee and the accused in relation to such an interview;
(b) the notification of the accused’s solicitor of such an interview;
(c) the attendance of the interviewee’s solicitor at such an interview;
(d) the attendance of the accused’s solicitor at such an interview;
(e) the attendance of any other appropriate person at such an interview taking into account the interviewee’s age or any disability of the interviewee.
(3) Any police officer or other person charged with the duty of investigating offences who arranges or conducts such an interview shall have regard to the code.
(4) In preparing the code, the Secretary of State shall consult—
(a) to the extent the code applies to England and Wales—
(i) any person who he considers to represent the interests of chief officers of police;
(ii) the General Council of the Bar;
(iii) the Law Society of England and Wales;
(iv) the Institute of Legal Executives;
(b) to the extent the code applies to Northern Ireland—
(i) the Chief Constable of the Police Service of Northern Ireland;
(ii) the General Council of the Bar of Northern Ireland;
(iii) the Law Society of Northern Ireland;
(c) such other persons as he thinks fit.
(5) The code shall not come into operation until the Secretary of State by order so provides.
(6) The Secretary of State may from time to time revise the code and subsections (4) and (5) shall apply to a revised code as they apply to the code as first prepared.
(7) An order bringing the code into operation may not be made unless a draft of the order has been laid before each House of Parliament and approved by a resolution of each House.
(8) An order bringing a revised code into operation shall be laid before each House of Parliament if the order has been made without a draft having been so laid and approved by a resolution of each House.
(9) When an order or a draft of an order is laid in accordance with subsection (7) or (8), the code to which it relates shall also be laid.
(10) No order or draft of an order may be laid until the consultation required by subsection (4) has taken place.
(11) A failure by a person mentioned in subsection (3) to have regard to any provision of a code for the time being in operation by virtue of an order under this section shall not in itself render him liable to any criminal or civil proceedings.
(12) In all criminal and civil proceedings a code in operation at any time by virtue of an order under this section shall be admissible in evidence.
(13) If it appears to a court or tribunal conducting criminal or civil proceedings that—
(a) any provision of a code in operation at any time by virtue of an order under this section, or
(b) any failure mentioned in subsection (11),
is relevant to any question arising in the proceedings, the provision or failure shall be taken into account in deciding the question.
Schedule 3 (which makes provision in relation to the allocation and other treatment of offences triable either way, and the sending of cases to the Crown Court) shall have effect.
(1) The Magistrates' Courts Act 1980 is amended as follows.
(2) In section 24 (summary trial of information against child or young person for indictable offence)—
(a) in subsection (1), for “homicide” there is substituted “ one falling within subsection (1B) below ” ,
(b) in subsection (1A)(a), for “of homicide” there is substituted “ falling within subsection (1B) below ” ,
(c) after subsection (1A), there is inserted—
(1B) An offence falls within this subsection if—
(a) it is an offence of homicide; or
(b) each of the requirements of section 51A(1) of the Firearms Act 1968 would be satisfied with respect to—
(i) the offence; and
(ii) the person charged with it,
if he were convicted of the offence.
(3) In section 25 (power to change from summary trial to committal proceedings and vice versa), in subsection (5), for “homicide” there is substituted “ one falling within section 24(1B) above ” .
(1) This section applies where—
(a) one or more defendants are to be tried on indictment for one or more offences, and
(b) notice has been given under section 51B of the Crime and Disorder Act 1998 (c. 37) (notices in serious or complex fraud cases) in respect of that offence or those offences.
(2) The prosecution may apply to a judge of the Crown Court for the trial to be conducted without a jury.
(3) If an application under subsection (2) is made and the judge is satisfied that the condition in subsection (5) is fulfilled, he may make an order that the trial is to be conducted without a jury; but if he is not so satisfied he must refuse the application.
(4) The judge may not make such an order without the approval of the Lord Chief Justice or a judge nominated by him.
(5) The condition is that the complexity of the trial or the length of the trial (or both) is likely to make the trial so burdensome to the members of a jury hearing the trial that the interests of justice require that serious consideration should be given to the question of whether the trial should be conducted without a jury.
(6) In deciding whether or not he is satisfied that that condition is fulfilled, the judge must have regard to any steps which might reasonably be taken to reduce the complexity or length of the trial.
(7) But a step is not to be regarded as reasonable if it would significantly disadvantage the prosecution.
(1) This section applies where one or more defendants are to be tried on indictment for one or more offences.
(2) The prosecution may apply to a judge of the Crown Court for the trial to be conducted without a jury.
(3) If an application under subsection (2) is made and the judge is satisfied that both of the following two conditions are fulfilled, he must make an order that the trial is to be conducted without a jury; but if he is not so satisfied he must refuse the application.
(4) The first condition is that there is evidence of a real and present danger that jury tampering would take place.
(5) The second condition is that, notwithstanding any steps (including the provision of police protection) which might reasonably be taken to prevent jury tampering, the likelihood that it would take place would be so substantial as to make it necessary in the interests of justice for the trial to be conducted without a jury.
(6) The following are examples of cases where there may be evidence of a real and present danger that jury tampering would take place—
(a) a case where the trial is a retrial and the jury in the previous trial was discharged because jury tampering had taken place,
(b) a case where jury tampering has taken place in previous criminal proceedings involving the defendant or any of the defendants,
(c) a case where there has been intimidation, or attempted intimidation, of any person who is likely to be a witness in the trial.
(1) This section applies—
(a) to an application under section 43, and
(b) to an application under section 44.
(2) An application to which this section applies must be determined at a preparatory hearing (within the meaning of the 1987 Act or Part 3 of the 1996 Act).
(3) The parties to a preparatory hearing at which an application to which this section applies is to be determined must be given an opportunity to make representations with respect to the application.
(4) In section 7(1) of the 1987 Act (which sets out the purposes of preparatory hearings) for paragraphs (a) to (c) there is substituted—
(a) identifying issues which are likely to be material to the determinations and findings which are likely to be required during the trial,
(b) if there is to be a jury, assisting their comprehension of those issues and expediting the proceedings before them,
(c) determining an application to which section 45 of the Criminal Justice Act 2003 applies,
(5) In section 9(11) of that Act (appeal to Court of Appeal) after “above,” there is inserted “ from the refusal by a judge of an application to which section 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section 43 or 44 of that Act which is made on the determination of such an application, ” .
(6) In section 29 of the 1996 Act (power to order preparatory hearing) after subsection (1) there is inserted—
(1A) A judge of the Crown Court may also order that a preparatory hearing shall be held if an application to which section 45 of the Criminal Justice Act 2003 applies (application for trial without jury) is made.
(7) In subsection (2) of that section (which sets out the purposes of preparatory hearings) for paragraphs (a) to (c) there is substituted—
(a) identifying issues which are likely to be material to the determinations and findings which are likely to be required during the trial,
(b) if there is to be a jury, assisting their comprehension of those issues and expediting the proceedings before them,
(c) determining an application to which section 45 of the Criminal Justice Act 2003 applies,
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) In section 35(1) of that Act (appeal to Court of Appeal) after “31(3),” there is inserted “ from the refusal by a judge of an application to which section 45 of the Criminal Justice Act 2003 applies or from an order of a judge under section 43 or 44 of that Act which is made on the determination of such an application, ” .
(10) In this section—
“ the 1987 Act ” means the Criminal Justice Act 1987 (c. 38),
“ the 1996 Act ” means the Criminal Procedure and Investigations Act 1996 (c. 25).
Criminal Justice Act 2003 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/ukpga-2003-44
Contains public sector information licensed under the Open Government Licence v3.0.
本頁資料來源：legislation.gov.uk (The National Archives)·整理提供：法律人 LawPlayer· lawplayer.com