(1) After section 53E of the Police Act 1996 (guidance about civilian staff employed by local policing bodies and chief officers) insert—
Guidance about designated police volunteers
53F (1) The College of Policing may issue guidance to chief officers of police about—
(a) the experience or qualifications that it would be appropriate for a person to have before being designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002;
(b) the training to be undertaken by a person before being so designated or after being so designated.
(2) The College may from time to time revise the whole or any part of any guidance issued under this section.
(3) The College must publish any guidance issued under this section and any revision of it.
(4) Each chief officer of police must have regard to guidance issued under this section.
(2) In section 97 of the Criminal Justice and Police Act 2001 (regulations for police forces about police training etc), in subsection (6)(c)—
(a) omit the “or” at the end of sub-paragraph (ii);
(b) after sub-paragraph (iii) insert
or
(iv) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002.
41 Police volunteers: complaints and disciplinary matters
(1) In section 12 of the Police Reform Act 2002 (complaints, matters and persons to which Part 2 of the Act applies), in subsection (7) (what it means to be a person serving with the police)—
(a) omit the “or” at the end of paragraph (b);
(b) at the end of paragraph (c) insert
; or
(d) he is a person designated as a community support volunteer or a policing support volunteer under section 38.
(2) In section 87 of the Police Act 1996 (guidance concerning disciplinary proceedings etc), in subsection (4A)(a) (as inserted by section 32), after sub-paragraph (iii) insert—
(iv) persons designated as community support volunteers or policing support volunteers under section 38 of the Police Reform Act 2002;
.
(3) In section 87A of the Police Act 1996 (guidance concerning conduct etc) (as inserted by section 32), in subsection (1)—
(a) omit the “and” at the end of paragraph (b);
(b) at the end of paragraph (c) insert
, and
(d) persons designated as community support volunteers or policing support volunteers under section 38 of the Police Reform Act 2002.
(4) In Schedule 6 to the Police Act 1996 (appeals to Police Appeals Tribunals), in paragraph 10(aa) (as inserted by section 31), after paragraph (iii) insert—
(iiia) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002,
.
42 Police volunteers: police barred list and police advisory list
(1) Part 4A of the Police Act 1996 (police barred list and police advisory list) (as inserted by Schedule 8) is amended as follows.
(2) In section 88C (effect of inclusion in police barred list), at the end insert—
(9) Before designating a person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, a chief officer of police must check with the College of Policing whether the person is a barred person.
(10) A chief officer of police may not designate a barred person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002.
(3) In section 88I (duty to report resignations and retirements to College of Policing)—
(a) in the heading, after “retirements” insert “ etc ”;
(b) in subsection (1), after paragraph (b) insert—
(c) the person's designation as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002 is withdrawn and the reason, or one of the reasons, for the withdrawal of the designation relates to conduct, efficiency or effectiveness;
(d) the person, having been designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, decides to stop volunteering as a police volunteer (within the meaning of that section) after a relevant allegation about the person comes to the attention of the relevant authority.
;
(c) in subsection (4), after paragraph (d) insert—
(e) in relation to a person falling within subsection (1)(c) or (d), the chief officer of police by whom the person was designated.
;
(d) in subsection (6)(b), at the end insert “ or (as the case may be) the person's designation as a community support volunteer or a policing support volunteer being withdrawn if the person had not decided to stop volunteering ”.
(4) In section 88K (effect of inclusion in police advisory list), at the end insert—
(8) Before designating a person as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002, a chief officer of police must check with the College of Policing whether the person is included in the police advisory list.
(5) In section 88L (removal from police advisory list), in subsection (7)—
(a) the words from “a person who,” to the end of the subsection become paragraph (a);
(b) after that paragraph insert—
(b) a person who was designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002.
(1) In section 54 of the Police Act 1996 (appointment and functions of inspectors of constabulary), in subsection (7) (as inserted by section 37), after paragraph (a) insert—
(aa) persons designated as community support volunteers or policing support volunteers under section 38 of the Police Reform Act 2002;
.
(2) In Schedule 4A to the Police Act 1996 (further provision about Her Majesty's Inspectors of Constabulary), in paragraph 6D (as inserted by section 36), after sub-paragraph (2)(c) insert—
(ca) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002;
.
44 Restrictions on designated persons acting as covert human intelligence sources
In section 29 of the Regulation of Investigatory Powers Act 2000 (authorisation of covert human intelligence sources), after subsection (6) insert—
(6A) An authorisation under this section may not have the effect of authorising a covert human intelligence source who is a person designated under section 38 of the Police Reform Act 2002 to establish contact in person with another person.
45 Further amendments consequential on section 38 etc
Schedule 12—
(a) makes further amendments in consequence of the amendments made by section 38 (see Parts 1 and 2 of that Schedule), and
(b) makes minor correcting amendments of the Police Reform Act 2002 (see Part 3 of that Schedule).
46 Removal of powers of police in England and Wales to appoint traffic wardens
(1) Sections 95 to 97 of the Road Traffic Regulation Act 1984 (traffic wardens), so far as extending to England and Wales, are repealed.
(2) Those sections, so far as extending to Scotland, are amended as follows.
(3) In section 95 (appointment of traffic wardens), omit subsection (1).
(4) In subsection (2) of that section, for “any such functions as are mentioned in subsection (1) above” substitute “ , in aid of the police, functions normally undertaken by the police in connection with the control and regulation of, or the enforcement of the law relating to, traffic (including pedestrians) or stationary vehicles ”.
(5) In subsection (3) of that section, omit “under subsection (1) or”.
(6) In subsection (4) of that section—
(a) omit “(whether in England and Wales or in Scotland)”;
(b) for “subsection (1)” substitute “ subsection (2) ”;
(c) in paragraph (b)—
(i) omit “or (in England and Wales) with the Secretary of State”;
(ii) omit “or, as the case may be, by the Secretary of State”.
(7) Omit subsection (4A) of that section.
(8) In section 96 (additional powers of traffic wardens), in subsection (2), omit paragraphs (a), (b) and (d).
(9) In section 97 (supplementary provisions as to traffic wardens), in subsection (3), omit, in both places where it occurs, “the Common Council or”.
(10) Schedule 13 makes further amendments consequential on the repeal made by subsection (1).
After section 50 of the Police Act 1996 insert—
Regulations for police forces: ranks
50A (1) The Secretary of State may by regulations specify the ranks that may be held by members of police forces, other than chief officers of police.
(2) The ranks must include the rank of constable.
(3) The Secretary of State may by regulations make provision that is consequential on, or incidental or supplemental to, regulations under subsection (1).
(4) The power conferred by subsection (3) includes power to—
(a) repeal, revoke or otherwise amend legislation that (in relation to members of police forces in England and Wales) makes provision with respect to ranks that are not specified in regulations under subsection (1);
(b) make other amendments of legislation that are consequential on regulations under subsection (1).
(5) In subsection (4), “legislation” means any provision of—
(a) an Act (including this Act),
(b) subordinate legislation within the meaning of the Interpretation Act 1978,
(c) an Act of the Scottish Parliament or an instrument made under such an Act,
(d) a Measure or Act of the National Assembly for Wales or an instrument made under a Measure or Act of that Assembly, or
(e) Northern Ireland legislation or an instrument made under Northern Ireland legislation.
(6) Regulations under this section may include transitional, transitory or saving provision.
(7) Regulations under this section may make different provision for different cases or circumstances.
Regulations under section 50A: procedure
50B (1) A statutory instrument containing regulations under section 50A may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(2) If the College of Policing submits to the Secretary of State a draft of regulations under section 50A, then (subject to subsection (3)) the Secretary of State must—
(a) lay before each House of Parliament for approval a draft of a statutory instrument containing regulations in terms of the draft prepared by the College of Policing, and
(b) if the draft of the statutory instrument is approved by both Houses of Parliament, make the regulations in those terms.
(3) The duty under subsection (2) does not apply if the Secretary of State considers—
(a) that it would be unlawful to make regulations in terms of the draft,
(b) that it would impair the efficiency of the police to do so, or
(c) that it would for some other reason be wrong to do so.
(4) The Secretary of State may not lay before each House of Parliament for approval a draft of a statutory instrument containing regulations under section 50A unless—
(a) the draft is laid in accordance with the duty under subsection (2), or
(b) the College of Policing has approved the text of the regulations.
(1) The Police Act 1996 is amended as follows.
(2) Omit—
(a) section 9H (other members of the metropolitan police force);
(b) section 13 (other members of police forces).
(3) Section 50 (regulations for police forces) is amended as follows.
(4) Omit subsection (2)(a).
(5) In subsection (2ZA), after “under”, in the second place it occurs, insert “ section 50A (regulations as to police ranks) or under ”.
(6) In each of subsections (2ZB) and (2ZC), for “subsection (2)(a), (b), (c) or (g)” substitute “ subsection (2)(b), (c) or (g) ”.
49 Duties of Police Federation for England and Wales in fulfilling its purpose
In section 59 of the Police Act 1996 (Police Federations), after subsection (1) insert—
(1A) In fulfilling that purpose, the Police Federation for England and Wales must—
(a) protect the public interest,
(b) maintain high standards of conduct, and
(c) maintain high standards of transparency.
50 Freedom of Information Act etc: Police Federation for England and Wales
(1) The Police Federation for England and Wales is to be treated for the purposes of—
(a) the Freedom of Information Act 2000,
(b) the data protection legislation, and
(c) section 18 of the Inquiries Act 2005,
as if it were a body listed in Part 5 of Schedule 1 to the 2000 Act (public authorities).
(2) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
Schedule 14 removes references in legislation to the Association of Chief Police Officers and replaces most of them with references to the National Police Chiefs' Council.
52 Arrest elsewhere than at a police station: release before charge
(1) Section 30A of the Police and Criminal Evidence Act 1984 (release of a person arrested elsewhere than at police station) is amended as follows.
(2) In the heading for “Bail” substitute “ Release of a person arrested ”.
(3) In subsection (1)—
(a) omit “on bail”, and
(b) at the end insert
—
(a) without bail unless subsection (1A) applies, or
(b) on bail if subsection (1A) applies.
(4) After subsection (1) insert—
(1A) This subsection applies if—
(a) the constable is satisfied that releasing the person on bail is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which would be imposed), and
(b) a police officer of the rank of inspector or above authorises the release on bail (having considered any representations made by the person).
(5) In subsection (2) omit “on bail”.
(1) The Police and Criminal Evidence Act 1984 is amended as follows.
(2) In section 18(5)(a) (circumstances in which a search after arrest may be conducted) omit “on bail”.
(3) In section 30 (arrest elsewhere than at police station)—
(a) in subsection (1B) for “on bail” substitute “ of a person arrested elsewhere than at police station ”,
(b) in subsection (7A) omit the words from “or releasing” to the end, and
(c) in subsections (10) and (11) for “on bail” substitute “ under section 30A ”.
(4) Section 30B (section 30A: notices) is amended as follows.
(5) In the heading omit “Bail under”.
(6) In subsection (1) for “grants bail to” substitute “ releases ”.
(7) In subsection (2)—
(a) omit the “and” before paragraph (b), and
(b) after paragraph (b) insert
and
(c) whether the person is being released without bail or on bail
.
(8) In subsection (3) for “The notice” substitute “ A notice given to a person who is released on bail ”.
(9) In section 30C (section 30A: supplemental)—
(a) in the heading omit “Bail under”, and
(b) in subsection (4) omit “on bail”.
(1) Section 34 of the Police and Criminal Evidence Act 1984 (limitations on police detention) is amended as follows.
(2) In subsection (5) for the words from “without” to the end substitute
—
(a) without bail unless subsection (5A) applies, or
(b) on bail if subsection (5A) applies.
(3) After subsection (5) insert—
(5A) This subsection applies if—
(a) it appears to the custody officer—
(i) that there is need for further investigation of any matter in connection with which the person was detained at any time during the period of the person's detention, or
(ii) that, in respect of any such matter, proceedings may be taken against the person or the person may be given a youth caution under section 66ZA of the Crime and Disorder Act 1998, and
(b) the pre-conditions for bail are satisfied.
(4) Section 37 of the Police and Criminal Evidence Act 1984 (duties of custody officer before charge) is amended as follows.
(5) In subsection (2) for the words from “either” to the end substitute
—
(a) without bail unless the pre-conditions for bail are satisfied, or
(b) on bail if those pre-conditions are satisfied,
(subject to subsection (3))
.
(6) In subsection (3) for “so believing” substitute “ believing that the person's detention without being charged is necessary to secure or preserve evidence relating to an offence for which the person is under arrest or to obtain such evidence by questioning the person ”.
(7) In subsection (7) for paragraphs (b) and (c) substitute—
(b) shall be released without charge and without bail unless the pre-conditions for bail are satisfied,
(c) shall be released without charge and on bail if those pre-conditions are satisfied but not for the purpose mentioned in paragraph (a), or
.
(8) In subsection (8A)(b) for “(b)” substitute “ (c) ”.
55 Release following arrest for breach of bail etc
(1) Section 37CA of the Police and Criminal Evidence Act 1984 (release following arrest for breach of bail) is amended as follows.
(2) In the heading and subsection (1) for “section 37(7)(b)” substitute “ section 37(7)(c) ”.
(3) In subsection (2)(b) for the words from “, either” to the end substitute
—
(i) without bail unless the pre-conditions for bail are satisfied, or
(ii) on bail if those pre-conditions are satisfied.
(4) In subsection (4) at the end insert “ (and the reference in section 50A to any conditions of bail which would be imposed is to be read accordingly) ”.
(5) In section 37D(4A) of the Police and Criminal Evidence Act 1984 (power to keep a person in police detention) for “section 37(7)(b)” substitute “ section 37(7)(c) ”.
56 Release from further detention at police station
(1) In section 41(7) of the Police and Criminal Evidence Act 1984 (limits on period of detention without charge) for the words from “either” to the end substitute
—
(a) without bail unless the pre-conditions for bail are satisfied, or
(b) on bail if those pre-conditions are satisfied.
(2) Section 42 of the Police and Criminal Evidence Act 1984 (authorisation of continued detention) is amended as follows.
(3) In subsection (10)—
(a) omit “, either on bail or without bail”, and
(b) for the words from “, unless” to the end substitute
—
(a) without bail unless the pre-conditions for bail are satisfied, or
(b) on bail if those pre-conditions are satisfied,
(subject to subsection (10A))
.
(4) After subsection (10) insert—
(10A) Subsection (10) does not apply if—
(a) the person has been charged with an offence, or
(b) the person's continued detention is authorised or otherwise permitted in accordance with section 43.
(1) Section 43 of the Police and Criminal Evidence Act 1984 (warrants of further detention) is amended as follows.
(2) In subsection (15) for the words from “, either” to the end substitute
—
(a) without bail unless the pre-conditions for bail are satisfied, or
(b) on bail if those pre-conditions are satisfied.
(3) In subsection (18) for the words from “be released” to the end substitute
, unless the person is charged, be released from police detention upon or before the expiry of the warrant—
(a) without bail unless the pre-conditions for bail are satisfied, or
(b) on bail if those pre-conditions are satisfied.
(4) In section 44(7) of the Police and Criminal Evidence Act 1984 (extension of warrants of further detention) for the words from “, either” to the end substitute
—
(a) without bail unless the pre-conditions for bail are satisfied, or
(b) on bail if those pre-conditions are satisfied.
After section 50 of the Police and Criminal Evidence Act 1984 insert—
Interpretation of references to pre-conditions for bail
50A For the purposes of this Part the following are the pre-conditions for bail in relation to the release of a person by a custody officer—
(a) that the custody officer is satisfied that releasing the person on bail is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which would be imposed), and
(b) that an officer of the rank of inspector or above authorises the release on bail (having considered any representations made by the person or the person's legal representative).
59 Release without bail: fingerprinting and samples
(1) The Police and Criminal Evidence Act 1984 is amended as follows.
(2) In section 61(5A) (fingerprinting of person arrested for a recordable offence) —
(a) in paragraph (a) omit “in the case of a person who is on bail,”, and
(b) in paragraph (b) omit “in any case,”.
(3) In section 63(3ZA) (taking of non-intimate sample from person arrested for a recordable offence)—
(a) in paragraph (a) omit “in the case of a person who is on bail,”, and
(b) in paragraph (b) omit “in any case,”.
60 Release under section 24A of the Criminal Justice Act 2003
(1) Section 24A of the Criminal Justice Act 2003 (arrest for failure to comply with conditions attached to conditional caution) is amended as follows.
(2) In subsection (2) for paragraphs (b) and (c) substitute—
(b) released without charge and without bail (with or without any variation in the conditions attached to the caution) unless paragraph (c)(i) and (ii) applies, or
(c) 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.
(3) In subsections (3)(a) and (4) for “subsection (2)(b)” substitute “ subsection (2)(c) ”.
(4) After subsection (8) insert—
(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.
(1) The Police and Criminal Evidence Act 1984 is amended as follows.
(2) In section 46A(1A) (power of arrest for failure to answer police bail) for “section 37, 37C(2)(b) or 37CA(2)(b) above” substitute “ this Part ”.
(3) Section 47 (bail after arrest) is amended as follows.
(4) In subsection (1A) for the words from “section 37” to “cases” substitute “ this Part (except sections 37C(2)(b) and 37CA(2)(b)) ”.
(5) In subsections (1B) and (1C) omit “37,”.
62 Limit on period of bail under section 30A of PACE
(1) The Police and Criminal Evidence Act 1984 is amended as follows.
(2) Section 30B (section 30A: notices) is amended as follows.
(3) For subsection (4) substitute—
(4) The notice must also specify—
(a) the police station which the person is required to attend, and
(b) the time on the bail end date when the person is required to attend the police station.
(4) Omit subsection (4A)(c) and the “and” before it.
(5) Omit subsection (5).
(6) In subsection (6) for the words from “(5)” to the end substitute “ to attend at a different time or an additional time ”.
(7) After subsection (6) insert—
(6A) A person may not be required under subsection (6) to attend a police station at a time which is after the bail end date in relation to the person.
(8) After subsection (7) insert—
(8) In this section “bail end date”, in relation to a person, means the last day of the period of 28 days beginning with the day after the day on which the person was arrested for the offence in relation to which bail is granted under section 30A.
(9) In section 30CA (bail under section 30A: variation of conditions by police) omit subsection (1)(b) and the “or” before it.
(10) In section 30D(3) (meaning of “specified” in section 30D(1)) omit “or (5)”.
63 Limits on period of bail without charge under Part 4 of PACE
After section 47 of the Police and Criminal Evidence Act 1984 insert—
Limits on period of bail without charge
47ZA (1) This section applies in relation to the power conferred on a custody officer, when releasing a person on bail under this Part, to appoint a time for the person to attend at a police station in accordance with section 47(3)(c).
(2) The power must be exercised so as to appoint a time on the day on which the applicable bail period in relation to the person ends, unless subsection (3) or (4) applies.
(3) This subsection applies where—
(a) at the time of the exercise of the power the person is on bail under this Part in relation to one or more offences other than the relevant offence, and
(b) the custody officer believes that it is appropriate to align the person's attendance in relation to the relevant offence with the person's attendance in relation to the one or more other offences.
(4) This subsection applies where the custody officer believes that a decision as to whether to charge the person with the relevant offence would be made before the end of the applicable bail period in relation to the person.
(5) Where subsection (3) or (4) applies, the power may be exercised so as to appoint a time on a day falling before the end of the applicable bail period in relation to the person.
(6) This section is subject to section 47ZL.
(7) In this section references to attendance are to attendance at a police station in accordance with section 47(3)(c).
(8) In this Part the “relevant offence”, in relation to a person, means the offence in respect of which the power mentioned in subsection (1) is exercised in relation to the person.
Applicable bail period: initial limit
47ZB (1) In this Part the “applicable bail period”, in relation to a person, means—
(a) in an SFO case, the period of 3 months beginning with the person's bail start date, or
(b) in an FCA case or any other case, the period of 28 days beginning with the person's bail start date.
(2) The applicable bail period in relation to a person may be extended under sections 47ZD to 47ZG or treated as extended under section 47ZJ(3).
(3) Subsection (1) and sections 47ZD to 47ZG are subject to sections 47ZL and 47ZM.
(4) For the purposes of this Part—
(a) a person's bail start date is the day after the day on which the person was arrested for the relevant offence,
(b) an “FCA case” is a case in which—
(i) the relevant offence in relation to the person is being investigated by the Financial Conduct Authority, and
(ii) a senior officer confirms that sub-paragraph (i) applies,
(c) an “SFO case” is a case in which—
(i) the relevant offence in relation to the person is being investigated by the Director of the Serious Fraud Office, and
(ii) a senior officer confirms that sub-paragraph (i) applies, and
(d) “senior officer” means a police officer of the rank of superintendent or above.
Applicable bail period: conditions A to D in sections 47ZD to 47ZG
47ZC (1) This section applies for the purposes of sections 47ZD to 47ZG.
(2) Condition A is that the decision-maker has reasonable grounds for suspecting the person in question to be guilty of the relevant offence.
(3) Condition B is that the decision-maker has reasonable grounds for believing—
(a) in a case where the person in question is or is to be released on bail under section 37(7)(c) or 37CA(2)(b), that further time is needed for making a decision as to whether to charge the person with the relevant offence, or
(b) otherwise, that further investigation is needed of any matter in connection with the relevant offence.
(4) Condition C is that the decision-maker has reasonable grounds for believing—
(a) in a case where the person in question is or is to be released on bail under section 37(7)(c) or 37CA(2)(b), that the decision as to whether to charge the person with the relevant offence is being made diligently and expeditiously, or
(b) otherwise, that the investigation is being conducted diligently and expeditiously.
(5) Condition D is that the decision-maker has reasonable grounds for believing that the release on bail of the person in question is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which are, or are to be, imposed).
(6) In this section “decision-maker” means—
(a) in relation to a condition which falls to be considered by virtue of section 47ZD, the senior officer in question;
(b) in relation to a condition which falls to be considered by virtue of section 47ZE, the appropriate decision-maker in question;
(c) in relation to a condition which falls to be considered by virtue of section 47ZF or 47ZG, the court in question.
Applicable bail period: extension of initial limit in standard cases
47ZD (1) This section applies in relation to a person if—
(a) the applicable bail period in relation to the person is the period mentioned in section 47ZB(1)(b),
(b) that period has not ended, and
(c) a senior officer is satisfied that conditions A to D are met in relation to the person.
(2) The senior officer may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 3 months beginning with the person's bail start date.
(3) Before determining whether to give an authorisation under subsection (2) in relation to a person, the senior officer must arrange for the person or the person's legal representative to be informed that a determination is to be made.
(4) In determining whether to give an authorisation under subsection (2) in relation to a person, the senior officer must consider any representations made by the person or the person's legal representative.
(5) The senior officer must arrange for the person or the person's legal representative to be informed whether an authorisation under subsection (2) has been given in relation to the person.
Applicable bail period: extension of limit in designated cases
47ZE (1) This section applies in relation to a person if—
(a) the person's case is an SFO case, or
(b) a senior officer has authorised an extension of the applicable bail period in relation to the person under section 47ZD.
(2) A qualifying prosecutor may designate the person's case as being an exceptionally complex case (a “designated case”).
(3) If an appropriate decision-maker is satisfied that conditions A to D are met in relation to the person in a designated case, the decision-maker may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 6 months beginning with the person's bail start date.
(4) An appropriate decision-maker is—
(a) a member of staff of the Financial Conduct Authority who is of the description designated for the purposes of this paragraph by the Chief Executive of the Authority (in an FCA case),
(b) a member of the Serious Fraud Office who is of the Senior Civil Service (in an SFO case), or
(c) a qualifying police officer (in any other case).
(5) Before determining whether to give an authorisation under subsection (3) in relation to a person—
(a) the appropriate decision-maker must arrange for the person or the person's legal representative to be informed that a determination is to be made, and
(b) if the appropriate decision-maker is a qualifying police officer, the officer must consult a qualifying prosecutor.
(6) In determining whether to give an authorisation under subsection (3) in relation to a person, the appropriate decision-maker must consider any representations made by the person or the person's legal representative.
(7) The appropriate decision-maker must arrange for the person or the person's legal representative to be informed whether an authorisation under subsection (3) has been given in relation to the person.
(8) Any designation under subsection (2) must be made, and any authorisation under subsection (3) must be given, before the applicable bail period in relation to the person has ended.
(9) In this section—
“qualifying police officer” means a police officer of the rank of commander or assistant chief constable or above, and
“qualifying prosecutor” means a prosecutor of the description designated for the purposes of this section by the Chief Executive of the Financial Conduct Authority, the Director of the Serious Fraud Office or the Director of Public Prosecutions.
Applicable bail period: first extension of limit by court
47ZF (1) This section applies in relation to a person if—
(a) the person's case is an SFO case,
(b) a senior officer has authorised an extension of the applicable bail period in relation to the person under section 47ZD, or
(c) an appropriate decision-maker has authorised an extension of the applicable bail period in relation to the person under section 47ZE.
(2) Before the applicable bail period in relation to the person ends a qualifying applicant may apply to a magistrates' court for it to authorise an extension of the applicable bail period in relation to the person under this section.
(3) If the court is satisfied that—
(a) conditions B to D are met in relation to the person, and
(b) the case does not fall within subsection (7),
it may authorise the applicable bail period to be extended as specified in subsection (4).
(4) The applicable bail period is to end—
(a) in a case falling within subsection (1)(a) or (b), at the end of the period of 6 months beginning with the person's bail start date;
(b) in a case falling within subsection (1)(c), at the end of the period of 9 months beginning with the person's bail start date.
(5) If the court is satisfied that—
(a) conditions B to D are met in relation to the person, and
(b) the case falls within subsection (7),
it may authorise the applicable bail period to be extended as specified in subsection (6).
(6) The applicable bail period is to end—
(a) in a case falling within subsection (1)(a) or (b), at the end of the period of 9 months beginning with the person's bail start date;
(b) in a case falling within subsection (1)(c), at the end of the period of 12 months beginning with the person's bail start date.
(7) A case falls within this subsection if the nature of the decision or further investigations mentioned in condition B means that that decision is unlikely to be made or those investigations completed if the applicable bail period in relation to the person is not extended as specified in subsection (6).
(8) In this section “qualifying applicant” means—
(a) a constable,
(b) a member of staff of the Financial Conduct Authority who is of the description designated for the purposes of this subsection by the Chief Executive of the Authority,
(c) a member of the Serious Fraud Office, or
(d) a Crown Prosecutor.
Applicable bail period: subsequent extensions of limit by court
47ZG (1) Subsections (2) to (6) apply where a court has authorised an extension of the applicable bail period in relation to a person under section 47ZF.
(2) Before the applicable bail period in relation to the person ends a qualifying applicant may apply to a magistrates' court for it to authorise an extension of the applicable bail period in relation to the person under this section.
(3) If the court is satisfied that—
(a) conditions B to D are met in relation to the person, and
(b) the case does not fall within subsection (8),
it may authorise the applicable bail period to be extended as specified in subsection (4).
(4) The applicable bail period is to end at the end of the period of 3 months beginning with the end of the current applicable bail period in relation to the person.
(5) If the court is satisfied that—
(a) conditions B to D are met in relation to the person, and
(b) the case falls within subsection (8),
it may authorise the applicable bail period to be extended as specified in subsection (6).
(6) The applicable bail period is to end at the end of the period of 6 months beginning with the end of the current applicable bail period in relation to the person.
(7) Where a court has authorised an extension of the applicable bail period in relation to a person under subsection (3) or (5), a qualifying applicant may make further applications under subsection (2) (and subsections (3) to (6) apply accordingly).
(8) A case falls within this subsection if the nature of the decision or further investigations mentioned in condition B means that that decision is unlikely to be made or those investigations completed if the current applicable bail period in relation to the person is not extended as specified in subsection (6).
(9) For the purposes of this section—
(a) references to the current applicable bail period in relation to a person are to the applicable bail period applying to the person when the application under this section is made (subject to section 47ZJ(3)), and
(b) “qualifying applicant” has the same meaning as in section 47ZF.
Sections 47ZF and 47ZG: withholding sensitive information
47ZH (1) This section applies where a qualifying applicant makes an application to a magistrates' court under section 47ZF or 47ZG in relation to a person.
(2) The qualifying applicant may apply to the court for it to authorise the specified information to be withheld from the person and any legal representative of the person.
(3) The court may grant an application under subsection (2) only if satisfied that there are reasonable grounds for believing that the specified information is sensitive information.
(4) For the purposes of this section information is sensitive information if its disclosure would have one or more of the following results—
(a) evidence connected with an indictable offence would be interfered with or harmed;
(b) a person would be interfered with or physically injured;
(c) a person suspected of having committed an indictable offence but not yet arrested for the offence would be alerted;
(d) the recovery of property obtained as a result of an indictable offence would be hindered.
(5) In this section “specified information” means the information specified in the application under subsection (2).
Sections 47ZF to 47ZH: proceedings in magistrates' court
47ZI (1) An application made to a magistrates' court under section 47ZF or 47ZG in relation to a person is to be determined by a single justice of the peace on written evidence unless subsection (2) or (3) applies.
(2) This subsection applies if—
(a) the effect of the application would be to extend the applicable bail period in relation to the person so that it ends at or before the end of the period of 12 months beginning with the person's bail start date, and
(b) a single justice of the peace considers that the interests of justice require an oral hearing.
(3) This subsection applies if—
(a) the effect of the application would be to extend the applicable bail period in relation to the person so that it ends after the end of the period of 12 months beginning with the person's bail start date, and
(b) the person, or the person who made the application, requests an oral hearing.
(4) If subsection (2) or (3) applies, the application is to be determined by two or more justices of the peace sitting otherwise than in open court.
(5) Where an application under section 47ZF or 47ZG in relation to a person is to be determined as mentioned in subsection (4), the justices may direct that the person and any legal representative of the person be excluded from any part of the hearing.
(6) The justices may give a direction under subsection (5) only if satisfied that there are reasonable grounds for believing that sensitive information would be disclosed at the part of the hearing in question.
(7) An application under section 47ZH is to be determined by a single justice of the peace on written evidence unless the justice determines that the interests of justice require an oral hearing.
(8) If the justice makes a determination under subsection (7)—
(a) the application is to be determined by two or more justices of the peace sitting otherwise than in open court, and
(b) the justices hearing the application must direct that the person to whom the application relates and any legal representative of the person be excluded from the hearing.
(9) In this section “sensitive information” has the meaning given in section 47ZH(4).
Sections 47ZF and 47ZG: late applications to magistrates' court
47ZJ (1) This section applies where—
(a) an application under section 47ZF or 47ZG is made to a magistrates' court before the end of the applicable bail period in relation to a person, but
(b) it is not practicable for the court to determine the application before the end of that period.
(2) The court must determine the application as soon as is practicable.
(3) The applicable bail period in relation to the person is to be treated as extended until the application is determined.
(4) If it appears to the court that it would have been reasonable for the application to have been made in time for it to have been determined by the court before the end of the applicable bail period in relation to the person, it may refuse the application.
Rules
47ZK Criminal Procedure Rules may make provision in connection with applications under sections 47ZF, 47ZG and 47ZH and the proceedings for determining such applications.
Applicable bail period and bail return date: special case of release on bail under section 37(7)(a) or 37C(2)(b)
47ZL (1) This section applies where a person is released on bail under section 37(7)(a) or 37C(2)(b).
(2) The running of the applicable bail period in relation to the person—
(a) does not begin (in the case of a first release on bail), or
(b) is suspended (in any other case),
(subject to subsection (6)).
(3) Accordingly section 47ZA does not apply to the exercise of the power mentioned in section 47ZA(1) when releasing the person on bail.
(4) Subsections (5) and (6) apply if a DPP request is made in relation to the person.
(5) A custody officer must exercise the power mentioned in section 47(4A) to appoint a different time for the person to attend at the police station (and section 47(4B) to (4D) applies accordingly).
(6) The applicable bail period in relation to the person—
(a) begins to run on the day on which the DPP request is made (in the case of a first release on bail), or
(b) resumes running on that day (in any other case).
(7) Subsection (8) applies where—
(a) a DPP request has been made in relation to the person, and
(b) the applicable bail period in relation to the person would end before the end of the period of 7 days beginning with the day on which the DPP request was made.
(8) The running of the applicable bail period in relation to the person is suspended for the number of days necessary to secure that the applicable bail period ends at the end of the period of 7 days beginning with the day on which the DPP request was made.
(9) Subsections (10) and (11) apply if the DPP request made in relation to the person is met.
(10) The running of the applicable bail period in relation to the person is suspended.
(11) Accordingly section 47(4D) does not apply to any exercise of the power under section 47(4A).
(12) For the purposes of this section—
(a) a “DPP request”, in relation to a person, means a request by the Director of Public Prosecutions for the further information specified in the request to be provided before the Director decides under section 37B(2) whether there is sufficient evidence to charge the person with the relevant offence,
(b) a DPP request is met when the further information specified in the request is provided, and
(c) references to the case of a first release on bail are to a case where the person has not been released on bail in relation to the relevant offence under any other provision of this Part or under section 30A.
Applicable bail period: special cases of release on bail under section 30A and periods in hospital
47ZM (1) Subsections (2) and (3) apply where a person was released on bail under section 30A.
(2) The period of 28 days mentioned in section 30B(8) in relation to the person is to be treated as being the period of 28 days mentioned in section 47ZB(1)(b) in relation to the person.
(3) Any reference to the relevant offence, in relation to the person, is to be read as a reference to the offence in respect of which the power in section 30A(1) was exercised.
(4) Subsection (5) applies if, at any time on the day on which the applicable bail period in relation to a person would end, the person is in hospital as an in-patient.
(5) The running of the applicable bail period in relation to the person is to be treated as having been suspended for any day on which the patient was in hospital as an in-patient.
(1) The Police and Criminal Evidence Act 1984 is amended as follows.
(2) Section 37D (release on bail under section 37) is amended as follows.
(3) Omit subsections (1) to (3).
(4) In subsections (4) to (5) for “subsection (1) above” substitute “ section 47(4A) ”.
(5) Section 47 (bail after arrest) is amended as follows.
(6) In subsection (3)(c) at the end insert “ (subject to section 47ZA) ”.
(7) After subsection (4) insert—
(4A) Where a person has been granted bail under this Part subject to a duty to attend at a police station, a custody officer may subsequently appoint a different time, or an additional time, at which the person is to attend at the police station to answer bail.
(4B) The custody officer must give the person notice in writing of the exercise of the power under subsection (4A).
(4C) The exercise of the power under subsection (4A) does not affect the conditions of bail (if any).
(4D) A custody officer may not appoint a time for a person's attendance under subsection (4A) which is after the end of the applicable bail period in relation to the person.
(4E) Subsection (4D) is subject to section 47ZL.
(8) In the Criminal Justice Act 2003—
(a) in section 24A(5)(b) (purposes for which person may be kept in police detention) for “section 37D(1)” substitute “ section 47(4A) ”, and
(b) in section 24B(5) (application of provisions of the Police and Criminal Evidence Act 1984)—
(i) omit paragraph (a), and
(ii) in paragraph (c) at the end insert “ except subsections (4D) and (4E) ”.
(1) The Police and Criminal Evidence Act 1984 is amended as follows.
(2) In section 30C(4) (re-arrest without warrant of person released under section 30A) for the words from “new” to the end substitute “ , since the person's release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before the person's release ”.
(3) In section 41(9) (re-arrest without warrant of person released under section 41(7)) for the words from “new” to “since” substitute “ , since the person's release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before ”.
(4) In section 42(11) (re-arrest without warrant of person released under section 42(10)) for the words from “new” to “since” substitute “ , since the person's release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before ”.
(5) In section 43(19) (re-arrest without warrant of person released under section 43(18)) for the words from “new” to “since” substitute “ , since the person's release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before ”.
(6) In section 47(2) (re-arrest without warrant of person released on bail subject to a duty to attend at a police station) for the words from “new” to the end substitute “ , since the person's release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before the person's release ”.
66 Duty to notify person released under section 34, 37 or 37CA of PACE that not to be prosecuted
(1) The Police and Criminal Evidence Act 1984 is amended as follows.
(2) In section 34 (limitations on police detention) after subsection (5A) (inserted by section 54 of this Act) insert—
(5B) Subsection (5C) applies where—
(a) a person is released under subsection (5), and
(b) the custody officer 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.
(5C) The custody officer must give the person notice in writing that the person is not to be prosecuted.
(5D) Subsection (5C) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
(5E) In this Part “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.
(3) Section 37 (duties of custody officer before charge) is amended as follows.
(4) After subsection (6) insert—
(6A) Subsection (6B) applies where—
(a) a person is released under subsection (2), and
(b) the custody officer 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.
(6B) The custody officer must give the person notice in writing that the person is not to be prosecuted.
(6C) Subsection (6B) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
(5) After subsection (8) insert—
(8ZA) Where—
(a) a person is released under subsection (7)(b) or (c), and
(b) the custody officer makes a determination as mentioned in subsection (6A)(b),
subsections (6B) and (6C) apply.
(6) Section 37B (consultation with Director of Public Prosecutions) is amended as follows.
(7) After subsection (5) insert—
(5A) Subsection (5) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
(8) Omit subsection (9).
(9) In section 37CA (release following arrest for breach of bail) after subsection (4) insert—
(5) Subsection (6) applies where—
(a) a person is released under subsection (2), and
(b) a custody officer 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.
(6) The custody officer must give the person notice in writing that the person is not to be prosecuted.
(7) Subsection (6) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
(10) In section 24B(2) of the Criminal Justice Act 2003 (application of provisions of Police and Criminal Evidence Act 1984)—
(a) in paragraph (d) for “(5)” substitute “ (5E) ”, and
(b) in paragraph (f) for “(6)” substitute “ (6C) ”.
67 Duty to notify person released under any of sections 41 to 44 of PACE that not to be prosecuted
(1) The Police and Criminal Evidence Act 1984 is amended as follows.
(2) In section 41 (limits on period of detention without charge) after subsection (9) insert—
(10) Subsection (11) applies where—
(a) a person is released under subsection (7), and
(b) a custody officer 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.
(11) The custody officer must give the person notice in writing that the person is not to be prosecuted.
(12) Subsection (11) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
(3) In section 42 (authorisation of continued detention) after subsection (11) insert—
(12) Subsection (13) applies where—
(a) a person is released under subsection (10), and
(b) a custody officer 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.
(13) The custody officer must give the person notice in writing that the person is not to be prosecuted.
(14) Subsection (13) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
(4) In section 43 (warrants of further detention) after subsection (19) insert—
(20) Subsection (21) applies where—
(a) a person is released under subsection (15) or (18), and
(b) a custody officer 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.
(21) The custody officer must give the person notice in writing that the person is not to be prosecuted.
(22) Subsection (21) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
(5) In section 44 (extension of warrants of further detention) after subsection (8) insert—
(9) Subsection (10) applies where—
(a) a person is released under subsection (7), and
(b) a custody officer 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.
(10) The custody officer must give the person notice in writing that the person is not to be prosecuted.
(11) Subsection (10) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
68 Offence of breach of pre-charge bail conditions relating to travel
(1) This section applies where—
(a) a person is arrested under section 24 of the Police and Criminal Evidence Act 1984, or under Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12), in respect of an offence mentioned in section 41(1) or (2) of the Counter-Terrorism Act 2008,
(b) the person is released without charge and on bail under Part 4 of the 1984 Act or (as the case may be) Part 5 of the 1989 Order, and
(c) the release on bail is subject to a travel restriction condition.
(2) Each of the following is a travel restriction condition—
(a) a condition that the person must not leave the United Kingdom,
(b) a condition that the person must not enter any port, or one or more particular ports, in the United Kingdom,
(c) a condition that the person must not go to a place in Northern Ireland that is within one mile of the border between Northern Ireland and the Republic of Ireland,
(d) a condition that the person must surrender all of his or her travel documents or all of his or her travel documents that are of a particular kind,
(e) a condition that the person must not have any travel documents, or travel documents of a particular kind, in his or her possession (whether the documents relate to that person or to another person),
(f) a condition that the person must not obtain, or seek to obtain, any travel documents (whether relating to that person or to another person) or travel documents of a particular kind.
(3) The person commits an offence if—
(a) the person's release on bail is subject to the travel restriction condition mentioned in subsection (2)(a) and he or she fails to comply with the condition, or
(b) the person's release on bail is subject to a travel restriction condition mentioned in subsection (2)(b) to (f) and he or she fails, without reasonable excuse, to comply with the condition.
(4) A person guilty of an offence under subsection (3) is liable—
(a) on summary conviction—
(i) in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court (or, in relation to offences committed before 2 May 2022, 6 months) or to a fine, or to both;
(ii) in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine, or to both.
(5) Where an offence under this section is committed by a person released without charge and on bail under Part 4 of the Police and Criminal Evidence Act 1984, the offence is to be treated as having been committed in England and Wales (whether or not the conduct constituting the offence took place there).
(6) Where an offence under this section is committed by a person released without charge and on bail under Part 5 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)), the offence is to be treated as having been committed in Northern Ireland (whether or not the conduct constituting the offence took place there).
(7) Section 69 defines words used in subsection (2).
69 Offence of breach of pre-charge bail conditions relating to travel: interpretation
(1) This section defines words used in section 68(2).
(2) “Travel document” means anything that is or appears to be—
(a) a passport, or
(b) a ticket or other document that permits a person to make a journey by any means from a place within the United Kingdom to a place outside the United Kingdom.
(3) “Passport” means—
(a) a United Kingdom passport (within the meaning of the Immigration Act 1971),
(b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom, or by or on behalf of an international organisation, or
(c) a document that can be used (in some or all circumstances) instead of a passport.
(4) “Port” means—
(a) an airport,
(b) a sea port,
(c) a hoverport,
(d) a heliport,
(e) a railway station where passenger trains depart for places outside the United Kingdom, or
(f) any other place at which a person is able, or attempting, to get on or off any craft, vessel or vehicle in connection with leaving the United Kingdom.
70 Retention of fingerprints and DNA profiles: PACE
(1) Part 5 of the Police and Criminal Evidence Act 1984 (questioning and treatment of persons by police) is amended as follows.
(2) In section 63F (retention of section 63D material: persons arrested for or charged with a qualifying offence), after subsection (2) insert—
(2A) In subsection (2), references to a recordable offence include an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales (and, in the application of subsection (2) where a person has previously been convicted, this applies whether or not the act constituted such an offence when the person was convicted).
(3) In that section, after subsection (11) insert—
(12) For the purposes of the definition of “excluded offence” in subsection (11)—
(a) references to a recordable offence or a qualifying offence include an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence or (as the case may be) a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted), and
(b) in the application of paragraph (b) of that definition in relation to an offence under the law of a country or territory outside England and Wales, the reference to a relevant custodial sentence of 5 years or more is to be read as a reference to a sentence of imprisonment or other form of detention of 5 years or more.
(4) In section 63H (retention of section 63D material: persons arrested for or charged with a minor offence), after subsection (2) insert—
(2A) In subsection (2), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted).
(5) In that section, in subsection (3), after “section 63F(11)” insert “ (read with section 63F(12)) ”.
(6) After section 63I insert—
Retention of material: persons convicted of an offence outside England and Wales after taking of section 63D material
63IA (1) This section applies where—
(a) section 63D material is taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of an offence,
(b) at any time before the material is required to be destroyed by virtue of this Part of this Act, the person is convicted of an offence under the law of a country or territory outside England and Wales, and
(c) the act constituting the offence mentioned in paragraph (b) would constitute a recordable offence if done in England and Wales.
(2) The material may be retained indefinitely.
(3) This section does not apply where section 63KA applies.
(7) In the heading of section 63J, at the end insert “ : other cases ”.
(8) In section 63K (retention of section 63D material: exception for persons under 18 convicted of minor offence), after subsection (1) insert—
(1A) In subsection (1)(a)(ii), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted).
(9) In that section, after subsection (5) insert—
(5A) In subsection (5), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales.
(10) After section 63K insert—
Retention of section 63D material under section 63IA: exception for persons under 18 convicted of first minor offence outside England and Wales
63KA (1) This section applies where—
(a) section 63D material is taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of an offence,
(b) at any time before the material is required to be destroyed by virtue of this Part of this Act, the person is convicted of an offence under the law of a country or territory outside England and Wales,
(c) the act constituting the offence mentioned in paragraph (b) would constitute a recordable offence if done in England and Wales but would not constitute a qualifying offence,
(d) the person is aged under 18 at the time of the offence mentioned in paragraph (b), and
(e) the person has not previously been convicted of a recordable offence.
(2) In subsection (1)(e), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted).
(3) Where the person is sentenced to imprisonment or another form of detention for less than 5 years in respect of the offence mentioned in subsection (1)(b), the section 63D material may be retained until the end of the period consisting of the term of the sentence plus 5 years.
(4) Where the person is sentenced to imprisonment or another form of detention for 5 years or more in respect of the offence mentioned in subsection (1)(b), the material may be retained indefinitely.
(5) Where the person is given a sentence other than a sentence of imprisonment or other form of detention in respect of the offence mentioned in subsection (1)(b), the material may be retained until the end of the period of 5 years beginning with the date on which the person was arrested for the offence (or, if the person was not arrested for the offence, the date on which the person was charged with it).
(6) But if, before the end of the period within which material may be retained by virtue of this section, the person is again convicted of a recordable offence, the material may be retained indefinitely.
(7) In subsection (6), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales.
(11) In section 63N (retention of section 63D material given voluntarily), after subsection (4) insert—
(5) The reference to a recordable offence in subsection (3)(a) includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales.
(6) The reference to a recordable offence in subsections (3)(b) and (4), and the reference to a qualifying offence in subsection (4), includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence or (as the case may be) a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted).
71 Retention of fingerprints and DNA profiles: Terrorism Act 2000
(1) Schedule 8 to the Terrorism Act 2000 (detention) is amended as follows.
(2) In paragraph 20B (retention of paragraph 20A material: persons detained under section 41), after sub-paragraph (2) insert—
(2A) In sub-paragraph (2) —
(a) the reference to a recordable offence includes an offence under the law of a country or territory outside the United Kingdom where the act constituting the offence would constitute—
(i) a recordable offence under the law of England and Wales if done there, or
(ii) a recordable offence under the law of Northern Ireland if done there,
(and, in the application of sub-paragraph (2) where a person has previously been convicted, this applies whether or not the act constituted such an offence when the person was convicted);
(b) the reference to an offence in Scotland which is punishable by imprisonment includes an offence under the law of a country or territory outside the United Kingdom where the act constituting the offence would constitute an offence under the law of Scotland which is punishable by imprisonment if done there (and, in the application of sub-paragraph (2) where a person has previously been convicted, this applies whether or not the act constituted such an offence when the person was convicted).
(3) In paragraph 20C (retention of paragraph 20A material: persons detained under Schedule 7), after sub-paragraph (2) insert—
(2A) In sub-paragraph (2) —
(a) the reference to a recordable offence includes an offence under the law of a country or territory outside the United Kingdom where the act constituting the offence would constitute—
(i) a recordable offence under the law of England and Wales if done there, or
(ii) a recordable offence under the law of Northern Ireland if done there,
(and, in the application of sub-paragraph (2) where a person has previously been convicted, this applies whether or not the act constituted such an offence when the person was convicted);
(b) the reference to an offence in Scotland which is punishable by imprisonment includes an offence under the law of a country or territory outside the United Kingdom where the act constituting the offence would constitute an offence under the law of Scotland which is punishable by imprisonment if done there (and, in the application of sub-paragraph (2) where a person has previously been convicted, this applies whether or not the act constituted such an offence when the person was convicted).
(4) In paragraph 20D (interpretation), after sub-paragraph (5) insert—
(5A) For the purposes of sub-paragraph (4)—
(a) a person is to be treated as having previously been convicted in England and Wales of a recordable offence if —
(i) the person has previously been convicted of an offence under the law of a country or territory outside the United Kingdom, and
(ii) the act constituting the offence would constitute a recordable offence under the law of England and Wales if done there (whether or not it constituted such an offence when the person was convicted);
(b) a person is to be treated as having previously been convicted in Northern Ireland of a recordable offence if—
(i) the person has previously been convicted of an offence under the law of a country or territory outside the United Kingdom, and
(ii) the act constituting the offence would constitute a recordable offence under the law of Northern Ireland if done there (whether or not it constituted such an offence when the person was convicted);
(c) a person is to be treated as having previously been convicted in Scotland of an offence which is punishable by imprisonment if—
(i) the person has previously been convicted of an offence under the law of a country or territory outside the United Kingdom, and
(ii) the act constituting the offence would constitute an offence punishable by imprisonment under the law of Scotland if done there (whether or not it constituted such an offence when the person was convicted);
(d) the reference in sub-paragraph (4)(b) to a qualifying offence includes a reference to an offence under the law of a country or territory outside the United Kingdom where the act constituting the offence would constitute a qualifying offence under the law of England and Wales if done there or (as the case may be) under the law of Northern Ireland if done there (whether or not it constituted such an offence when the person was convicted).
(5B) For the purposes of paragraphs 20B and 20C and this paragraph—
(a) offence, in relation to any country or territory outside the United Kingdom, includes an act punishable under the law of that country or territory, however it is described;
(b) a person has in particular been convicted of an offence under the law of a country or territory outside the United Kingdom if—
(i) a court exercising jurisdiction under the law of that country or territory has made in respect of such an offence a finding equivalent to a finding that the person is not guilty by reason of insanity, or
(ii) such a court has made in respect of such an offence a finding equivalent to a finding that the person is under a disability and did the act charged against the person in respect of the offence.
72 PACE: entry and search of premises for the purpose of arrest
In section 17 of the Police and Criminal Evidence Act 1984 (entry for the purpose of arrest) after subsection (1)(caa) insert—
(cab) of arresting a person under any of the following provisions—
(i) section 30D(1) or (2A);
(ii) section 46A(1) or (1A);
(iii) section 5B(7) of the Bail Act 1976 (arrest where a person fails to surrender to custody in accordance with a court order);
(iv) section 7(3) of the Bail Act 1976 (arrest where a person is not likely to surrender to custody etc);
(v) section 97(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (arrest where a child is suspected of breaking conditions of remand);
.
(1) The Police and Criminal Evidence Act 1984 is amended as follows.
(2) In section 30A (bail elsewhere than at police station), in subsection (3B)(d), for “under the age of 17” substitute “ under the age of 18 ”.
(3) In section 63B (testing for presence of class A drugs)—
(a) in subsection (5A), for “has not attained the age of 17” substitute “ has not attained the age of 18 ”;
(b) in subsection (10), in the definition of “appropriate adult”, for “has not attained the age of 17” substitute “ has not attained the age of 18 ”.
(4) In section 65 (which makes provision to supplement the provisions of Part 5 on the questioning and treatment of persons by the police), in subsection (1), in the definition of “appropriate consent”, in paragraph (a), for “has attained the age of 17 years” substitute “ has attained the age of 18 years ”.
(1) The Police and Criminal Evidence Act 1984 is amended as follows.
(2) After section 45 insert—
Use of live links
Functions of extending detention: use of live links
45ZA (1) The functions of a police officer under section 42(1) or (2) may be performed, in relation to an arrested person who is held at a police station, by an officer who is not present at the police station but has access to the use of a live link if—
(a) a custody officer considers that the use of the live link is appropriate,
(b) the arrested person has had advice from a solicitor on the use of the live link, and
(c) the appropriate consent to the use of the live link has been given.
(2) In subsection (1)(c), “the appropriate consent” means—
(a) in relation to a person who has attained the age of 18, the consent of that person;
(b) in relation to a person who has not attained that age but has attained the age of 14, the consent of that person and of his or her parent or guardian;
(c) in relation to a person who has not attained the age of 14, the consent of his or her parent or guardian.
(3) The consent of a person who has not attained the age of 18 (but has attained the age of 14), or who is a vulnerable adult, may only be given in the presence of an appropriate adult.
(4) Section 42 applies with the modifications set out in subsections (5) to (7) below in any case where the functions of a police officer under that section are, by virtue of subsection (1), performed by an officer who is not at the police station where the arrested person is held.
(5) Subsections (5)(b) and (9)(iii) and (iv) of that section are each to be read as if, instead of requiring the officer to make a record, they required the officer to cause another police officer to make a record.
(6) Subsection (6) of that section is to be read as if it required the officer to give the persons mentioned in that subsection an opportunity to make representations—
(a) if facilities exist for the immediate transmission of written representations to the officer, either in writing by means of those facilities or orally by means of the live link, or
(b) in any other case, orally by means of the live link.
(7) Subsection (9) of that section is to be read as if the reference in paragraph (b) to the right conferred by section 58 were omitted.
(8) In this section—
“live link” means an arrangement by which an officer who is not present at the police station where an arrested person is held is able to see and hear, and to be seen and heard by, the arrested person and the arrested person's solicitor (and for this purpose any impairment of eyesight or hearing is to be disregarded);
“vulnerable adult” means a person aged 18 or over who may have difficulty understanding the purpose of an authorisation under section 42(1) or (2) or anything that occurs in connection with a decision whether to give such an authorisation (whether because of a mental disorder or for any other reason);
“appropriate adult”, in relation to a person who has not attained the age of 18, means—
the persons's parent or guardian or, if the person is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,
a social worker of a local authority, or
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 for, or engaged on, police purposes;
“appropriate adult”, in relation to a vulnerable adult, means—
a relative, guardian or other person responsible for the vulnerable adult's care,
a person who is experienced in dealing with vulnerable adults but who is not a police officer or a person employed for, or engaged on, police purposes, or
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 for, or engaged on, police purposes.
(9) In subsection (8), in both definitions of “appropriate adult”, “police purposes” has the meaning given by section 101(2) of the Police Act 1996.
Warrants for further detention: use of live links
45ZB (1) A magistrates' court may give a live link direction for the purpose of the hearing of an application under section 43 for a warrant authorising further detention of a person, or the hearing of an application under section 44 for an extension of such a warrant, if—
(a) a custody officer considers that the use of a live link for that purpose is appropriate,
(b) the person to whom the application relates has had legal advice on the use of the live link,
(c) the appropriate consent to the use of the live link has been given, and
(d) it is not contrary to the interests of justice to give the direction.
(2) In subsection (1)(c), “the appropriate consent” means—
(a) in relation to a person who has attained the age of 18, the consent of that person;
(b) in relation to a person who has not attained that age but has attained the age of 14, the consent of that person and of his or her parent or guardian;
(c) in relation to a person who has not attained the age of 14, the consent of his or her parent or guardian.
(3) Where a live link direction is given, the requirement under section 43(2)(b) for the person to whom the application relates to be brought before the court for the hearing does not apply.
(4) In this section—
“live link direction” means a direction that a live link be used for the purposes of the hearing;
“live link” means an arrangement by which a person (when not in the place where the hearing is being held) is able to see and hear, and to be seen and heard by, the court during a hearing (and for this purpose any impairment of eyesight or hearing is to be disregarded);
“vulnerable adult” means a person aged 18 or over who may have difficulty understanding the purpose of the hearing or what occurs at it (whether because of a mental disorder or for any other reason);
“appropriate adult”, in relation to a person aged under 18, means—
the person's parent or guardian or, if the person is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,
a social worker of a local authority, or
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 for, or engaged on, police purposes;
“appropriate adult”, in relation to a vulnerable adult, means—
a relative, guardian or other person responsible for the appropriate adult's care,
a person who is experienced in dealing with vulnerable adults but who is not a police officer or a person employed for, or engaged on, police purposes, or
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 for, or engaged on, police purposes.
(5) In subsection (4), in both definitions of “appropriate adult”, “police purposes” has the meaning given by section 101(2) of the Police Act 1996.
(3) In section 45 (detention before charge-supplementary), in subsection (1), for “sections 43 and 44” substitute “ sections 43, 44 and 45ZB ”.
(4) In section 45A—
(a) for the heading substitute “ Use of live links for other decisions about detention ”;
(b) in subsection (1)(b), for the words from “video-conferencing facilities” to the end substitute “ a live link ”;
(c) in subsection (3), for “the facilities mentioned in subsection (1) above” substitute “ a live link ”;
(d) in subsection (7), in each of paragraphs (a)(i) and (b), for “the video-conferencing facilities” substitute “ the live link ”;
(e) for subsection (10) substitute—
(10) In this section, “live link”, in relation to any functions, means an arrangement by which the functions may be performed by an officer who is not present at the police station where an arrested person is held but who is able (for the purpose of the functions) to see and hear, and to be seen and heard by, the arrested person and any legal representative of that person (and for this purpose any impairment of eyesight or hearing is to be disregarded).
(5) In consequence of the amendments made by subsection (4), in section 40A—
(a) in subsection (2)(a), for “video-conferencing facilities” substitute “ a live link ”;
(b) in subsection (5), for “video-conferencing facilities” substitute “ live link ”.
(1) Section 39 of the Police and Criminal Evidence Act 1984 (responsibilities in relation to persons detained) is amended as follows.
(2) In subsection (2)(a), for “a police officer investigating an offence for which that person is in police detention” substitute “ another police officer at the police station where the person is in police detention, for the purpose of an interview that is part of the investigation of an offence for which the person is in police detention or otherwise in connection with the investigation of such an offence ”.
(3) After subsection (3) insert—
(3A) Subsections (3B) and (3C) apply if the custody officer, in accordance with any code of practice issued under this Act, transfers or permits the transfer of a person in police detention to an officer mentioned in subsection (2)(a) for the purpose of an interview that is to be conducted to any extent by means of a live link by another police officer who is investigating the offence but is not at the police station where the person in police detention is held at the time of the interview.
(3B) The officer who is not at the police station has the same duty as the officer mentioned in subsection (2)(a) to ensure that the person is treated in accordance with the provisions of this Act and of any such codes of practice as are mentioned in subsection (1).
(3C) If the person detained is subsequently returned to the custody of the custody officer, the officer who is not at the police station also has the same duty under subsection (3) as the officer mentioned in subsection (2)(a).
(3D) For the purpose of subsection (3C), subsection (3) applies as if the reference to “in his custody” were a reference to “being interviewed”.
(3E) In subsection (3A), “live link” means an arrangement by which the officer who is not at the police station is able to see and hear, and to be seen and heard by, the person in police detention, any legal representative of that person and the officer who has custody of that person at the police station (and for this purpose any impairment of eyesight or hearing is to be disregarded).
(1) The Police and Criminal Evidence Act 1984 is amended as follows.
(2) In section 60 (which currently makes provision about the tape-recording of interviews)—
(a) in subsection (1), in each of paragraphs (a) and (b), for “tape-recording” substitute “ audio recording ”;
(b) in the heading of the section, for “Tape-recording” substitute “ Audio recording ”.
(3) In section 113 (application of Act to armed forces), in subsection (4)(a), for “tape-recording” substitute “ audio recording ”.
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.
In section 67 of the Police and Criminal Evidence Act 1984 (codes of practice: supplementary), after subsection (4) insert—
(4A) The duty to consult under subsection (4) does not apply to a revision of a code where the Secretary of State considers that—
(a) the revision is necessary in consequence of legislation, and
(b) the Secretary of State has no discretion as to the nature of the revision.
(4B) Where, in consequence of subsection (4A), a revision of a code is issued without prior consultation with the persons mentioned in subsection (4), the Secretary of State must (at the same time as issuing the revision) publish a statement that, in his or her opinion, paragraphs (a) and (b) of subsection (4A) apply to the revision.
(4C) In subsection (4A), “legislation” means any provision of—
(a) an Act,
(b) subordinate legislation within the meaning of the Interpretation Act 1978.
79 Definition of “appropriate adult” in criminal justice legislation
(1) In section 63B of the Police and Criminal Evidence Act 1984 (testing for presence of Class A drugs), in subsection (10), in paragraph (c), in the definition of “appropriate adult”, for “a person employed by the police” substitute “ a person employed for, or engaged on, police purposes; and “police purposes” has the meaning given by section 101(2) of the Police Act 1996 ”.
(2) In section 66ZA of the Crime and Disorder Act 1998 (youth cautions), in subsection (7) (which defines “appropriate adult”), in paragraph (d), for “a person employed by the police” substitute “ a person employed for, or engaged on, police purposes; and “police purposes” has the meaning given by section 101(2) of the Police Act 1996 ”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .