Change 1 Article Choose an article Title and introductory text 1 Collaboration agreements 2 Duties in relation to collaboration agreements 3 Collaboration agreements: specific restrictions 4 Collaboration agreements: supplementary 5 Collaboration agreements: definitions 6 Provision for police and crime commissioner to be fire and rescue authority 7 Involvement of police and crime commissioner in fire and rescue authority 8 Combined authority mayors: exercise of fire and rescue functions 9 The London Fire Commissioner 10 Transfer of property, rights and liabilities to the London Fire Commissioner 11 Inspection of fire and rescue services 12 Fire safety inspections 13 Local policing bodies: functions in relation to complaints 14 Definition of police complaint 15 Duty to keep complainant and other interested persons informed 16 Complaints, conduct matters and DSI matters: procedure 17 Initiation of investigations by IPCC 18 IPCC power to require re-investigation 19 Sensitive information received by IPCC: restriction on disclosure 20 Investigations by IPCC: powers of seizure and retention 21 References to England and Wales in connection with IPCC functions 22 Oversight functions of local policing bodies 23 Delegation of functions by local policing bodies 24 Transfer of staff to local policing bodies 25 Power to make super-complaints 26 Bodies who may make super-complaints 27 Regulations about super-complaints 28 Investigations by the IPCC: whistle-blowing 29 Disciplinary proceedings: former members of police forces and former special constables 30 Police barred list and police advisory list 31 Appeals to Police Appeals Tribunals 32 Guidance concerning disciplinary proceedings and conduct etc 33 Independent Office for Police Conduct 34 Exercise of functions 35 Public records 36 Powers of inspectors to obtain information, access to police premises etc 37 Inspectors and inspections: miscellaneous 38 Powers of police civilian staff and police volunteers 39 Application of Firearms Act 1968 to the police: special constables and volunteers 40 Training etc of police volunteers 41 Police volunteers: complaints and disciplinary matters 42 Police volunteers: police barred list and police advisory list 43 Police volunteers: inspection 44 Restrictions on designated persons acting as covert human intelligence sources 45 Further amendments consequential on section 38 etc 46 Removal of powers of police in England and Wales to appoint traffic wardens 47 Power to make regulations about police ranks 48 Section 47: consequential amendments 49 Duties of Police Federation for England and Wales in fulfilling its purpose 50 Freedom of Information Act etc: Police Federation for England and Wales 51 Removal of references to ACPO 52 Arrest elsewhere than at a police station: release before charge 53 Section 52: consequential amendments 54 Release from detention at a police station 55 Release following arrest for breach of bail etc 56 Release from further detention at police station 57 Warrants of further detention: release 58 Meaning of “pre-conditions for bail” 59 Release without bail: fingerprinting and samples 60 Release under section 24A of the Criminal Justice Act 2003 61 Bail before charge: conditions of bail etc 62 Limit on period of bail under section 30A of PACE 63 Limits on period of bail without charge under Part 4 of PACE 64 Section 63: consequential amendments 65 Release under provisions of PACE: re-arrest 66 Duty to notify person released under section 34, 37 or 37CA of PACE that not to be prosecuted 67 Duty to notify person released under any of sections 41 to 44 of PACE that not to be prosecuted 68 Offence of breach of pre-charge bail conditions relating to travel 69 Offence of breach of pre-charge bail conditions relating to travel: interpretation 70 Retention of fingerprints and DNA profiles: PACE 71 Retention of fingerprints and DNA profiles: Terrorism Act 2000 72 PACE: entry and search of premises for the purpose of arrest 73 PACE: treatment of those aged 17 74 PACE: detention: use of live links 75 PACE: interviews: use of live links 76 PACE: audio recording of interviews 77 PACE: duty to notify person interviewed that not to be prosecuted 78 PACE: consultation on codes of practice 79 Definition of “appropriate adult” in criminal justice legislation 80 Extension of powers under sections 135 and 136 of the Mental Health Act 1983 81 Restrictions on places that may be used as places of safety 82 Periods of detention in places of safety etc 83 Protective searches: individuals removed etc under section 135 or 136 of the Mental Health Act 1983 84 Application of maritime enforcement powers: general 85 Restriction on exercise of maritime enforcement powers 86 Hot pursuit of ships in Scotland waters 87 Restriction on exercise of maritime enforcement powers in hot pursuit 88 Power to stop, board, divert and detain 89 Power to search and obtain information 90 Power of arrest and seizure 91 Maritime enforcement powers: supplementary: protective searches 92 Maritime enforcement powers: other supplementary provision 93 Maritime enforcement powers: offences 94 Maritime enforcement powers: code of practice 95 Interpretation 96 Application of maritime enforcement powers: general 97 Restriction on exercise of maritime enforcement powers 98 Hot pursuit of ships in England and Wales waters 99 Restriction on exercise of maritime enforcement powers in hot pursuit 100 Power to stop, board, divert and detain 101 Power to search and obtain information 102 Power of arrest and seizure 103 Maritime enforcement powers: supplementary: protective searches 104 Maritime enforcement powers: other supplementary provision 105 Maritime enforcement powers: offences 106 Interpretation 107 Application of maritime enforcement powers: general 108 Restriction on exercise of maritime enforcement powers 109 Power to stop, board, divert and detain 110 Power to search and obtain information 111 Power of arrest and seizure 112 Maritime enforcement powers: supplementary: protective searches 113 Maritime enforcement powers: other supplementary provision 114 Maritime enforcement powers: offences 115 Interpretation 116 Extension of cross-border powers of arrest: urgent cases 117 Cross-border enforcement: powers of entry to effect arrest 118 Cross-border enforcement: officers of Revenue and Customs 119 Cross-border enforcement: minor and consequential amendments 120 Powers to require removal of disguises: oral authorisation 121 Term of office of deputy police and crime commissioners 122 Eligibility of deputy police and crime commissioners for election 123 Deputy Mayor for Policing and Crime as member of local authority 124 Amendments to the names of police areas 125 Firearms Act 1968: meaning of “firearm” etc 126 Firearms Act 1968: meaning of “antique firearm” 127 Possession of articles for conversion of imitation firearms 128 Controls on defectively deactivated weapons 129 Controls on ammunition which expands on impact 130 Authorised lending and possession of firearms for hunting etc 131 Limited extension of firearm certificates etc 132 Applications under the Firearms Acts: fees 133 Guidance to police officers in respect of firearms 134 Possession of pyrotechnic articles at musical events 135 Meaning of “alcohol”: inclusion of alcohol in any state 136 Interim steps pending review: representations 137 Summary reviews of premises licences: review of interim steps 138 Personal licences: licensing authority powers in relation to convictions 139 Licensing Act 2003: addition of further relevant offences 140 Licensing Act 2003: guidance 141 Cumulative impact assessments 142 Late night levy requirements 143 Interpretation 144 Powers to create offences under section 2(2) ECA 1972: maximum term of imprisonment 145 Other offences: maximum term of imprisonment 146 Power to impose monetary penalties 147 Monetary penalties: procedural rights 148 Monetary penalties: bodies corporate and unincorporated associations 149 Monetary penalties: supplementary 150 Deferred prosecution agreements 151 Serious crime prevention orders 153 Content of regulations under section 152 154 Linking of UN financial sanctions Resolutions with EU financial sanctions Regulations 155 Implementation of UN financial sanctions Resolutions: temporary listing 157 Power to enter into police collaboration agreements 158 Powers of NCA officers in relation to customs matters 159 Requirement to state nationality 160 Requirement to produce nationality document 161 Pilot schemes 162 Requirement to give information in criminal proceedings 163 Powers to seize etc invalid travel documents 164 Posthumous pardons for convictions etc of certain abolished offences: England and Wales 165 Other pardons for convictions etc of certain abolished offences: England and Wales 166 Power to provide for disregards and pardons for additional abolished offences: England and Wales 167 Sections 164 to 166: supplementary 168 Disregarding certain convictions etc for abolished offences: Northern Ireland 169 Posthumous pardons for convictions etc of certain abolished offences: Northern Ireland 170 Other pardons for convictions etc of certain abolished offences: Northern Ireland 171 Power to provide for disregards and pardons for additional abolished offences: Northern Ireland 172 Sections 169 to 171: supplementary 173 Anonymity of victims of forced marriage: England and Wales 174 Anonymity of victims of forced marriage: Northern Ireland 175 Sentences for offences of putting people in fear of violence etc 176 Child sexual exploitation: streaming indecent images 177 Licensing functions under taxi and PHV legislation: protection of children and vulnerable adults 178 Coroners' investigations into deaths: meaning of “state detention” 179 Powers of litter authorities in Scotland 180 Consequential amendments, repeals and revocations 181 Financial provision 182 Extent 183 Commencement 184 Short title SCHEDULE 1 Provision for police and crime commissioner to be fire and rescue authority SCHEDULE 2 The London Fire Commissioner SCHEDULE 3 Schedule to be inserted as Schedule A3 to the Fire and Rescue Services Act 2004 SCHEDULE 4 Amendments consequential on the amended definition of police complaint SCHEDULE 5 Complaints, conduct matters and DSI matters: procedure SCHEDULE 6 Schedule to be inserted as Schedule 3A to the Police Reform Act 2002 SCHEDULE 7 Disciplinary proceedings: former members of MoD Police, British Transport Police and Civil Nuclear Constabulary SCHEDULE 8 Part to be inserted as Part 4A of the Police Act 1996 SCHEDULE 9 Independent Office for Police Conduct SCHEDULE 10 Schedule to be inserted as Schedule 3B to the Police Reform Act 2002 SCHEDULE 11 Schedule to be inserted as Schedule 3C to the Police Reform Act 2002 SCHEDULE 12 Powers of civilian staff and volunteers: further amendments SCHEDULE 13 Abolition of office of traffic warden SCHEDULE 14 Removal of references to ACPO SCHEDULE 15 Schedule to be inserted as Schedule 7A to the Criminal Justice and Public Order Act 1994 SCHEDULE 16 Schedule to be inserted as Schedule 7B to the Criminal Justice and Public Order Act 1994 SCHEDULE 17 Cross-border enforcement: minor and consequential amendments SCHEDULE 18 Late night levy requirements SCHEDULE 19 Amendments where NCA is party to police collaboration agreement
What to do with it
As published
77 PACE: duty to notify person interviewed that not to be prosecuted
After section 60A of the Police and Criminal Evidence Act 1984 insert—
Notification of decision not to prosecute person interviewed
60B (1) This section applies where—
(a) a person suspected of the commission of a criminal offence is interviewed by a police officer but is not arrested for the offence, and
(b) the police officer in charge of investigating the offence determines that—
(i) there is not sufficient evidence to charge the person with an offence, or
(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.
(2) A police officer must give the person notice in writing that the person is not to be prosecuted.
(3) Subsection (2) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
(4) In this section “caution” includes—
(a) a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003;
(b) a youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998;
(c) a youth caution under section 66ZA of that Act.
Your wording
Your change, as a redline
77 PACE: duty to notify person interviewed that not to be prosecuted
After section 60A of the Police and Criminal Evidence Act 1984 insert—
Notification of decision not to prosecute person interviewed
60B (1) This section applies where—
(a) a person suspected of the commission of a criminal offence is interviewed by a police officer but is not arrested for the offence, and
(b) the police officer in charge of investigating the offence determines that—
(i) there is not sufficient evidence to charge the person with an offence, or
(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.
(2) A police officer must give the person notice in writing that the person is not to be prosecuted.
(3) Subsection (2) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
(4) In this section “caution” includes—
(a) a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003;
(b) a youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998;
(c) a youth caution under section 66ZA of that Act.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.