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Criminal Justice Act 2003 (c. 44)

(The document as of February, 2008)

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Criminal Justice Act 2003

2003 CHAPTER 44

CONTENTS

Content
  1. Part 1

    Amendments of Police and Criminal Evidence Act 1984

    1. 1. Extension of powers to stop and search

    2. 2. Warrants to enter and search

    3. 3. Arrestable offences

    4. 4. Bail elsewhere than at police station

    5. 5. Drug testing for under-eighteens

    6. 6. Use of telephones for review of police detention

    7. 7. Limits on period of detention without charge

    8. 8. Property of detained persons

    9. 9. Taking fingerprints without consent

    10. 10. Taking non-intimate samples without consent

    11. 11. Codes of practice

    12. 12. Amendments related to Part 1

  2. Part 2

    Bail

    1. 13. Grant and conditions of bail

    2. 14. Offences committed on bail

    3. 15. Absconding by persons released on bail

    4. 16. Appeal to Crown Court

    5. 17. Appeals to High Court

    6. 18. Appeal by prosecution

    7. 19. Drug users: restriction on bail

    8. 20. Supplementary amendments to the Bail Act 1976

    9. 21. Interpretation of Part 2

  3. Part 3

    Conditional cautions

    1. 22. Conditional cautions

    2. 23. The five requirements

    3. 24. Failure to comply with conditions

    4. 25. Code of practice

    5. 26. Assistance of National Probation Service

    6. 27. Interpretation of Part 3

  4. Part 4

    Charging etc

    1. 28. Charging or release of persons in police detention

    2. 29. New method of instituting proceedings

    3. 30. Further provision about new method

    4. 31. Removal of requirement to substantiate information on oath

  5. Part 5

    Disclosure

    1. 32. Initial duty of disclosure by prosecutor

    2. 33. Defence disclosure

    3. 34. Notification of intention to call defence witnesses

    4. 35. Notification of names of experts instructed by defendant

    5. 36. Further provisions about defence disclosure

    6. 37. Continuing duty of disclosure by prosecutor

    7. 38. Application by defence for disclosure

    8. 39. Faults in defence disclosure

    9. 40. Code of practice for police interviews of witnesses notified by accused

  6. Part 6

    Allocation and sending of offences

    1. 41. Allocation of offences triable either way, and sending cases to Crown Court

    2. 42. Mode of trial for certain firearms offences: transitory arrangements

  7. Part 7

    Trials on indictment without a jury

    1. 43. Applications by prosecution for certain fraud cases to be conducted without a jury

    2. 44. Application by prosecution for trial to be conducted without jury where danger of jury tampering

    3. 45. Procedure for applications under sections 43 and 44

    4. 46. Discharge of jury because of jury tampering

    5. 47. Appeals

    6. 48. Further provision about trials without a jury

    7. 49. Rules of court

    8. 50. Application of Part 7 to Northern Ireland

  8. Part 8

    Live links

    1. 51. Live links in criminal proceedings

    2. 52. Effect of, and rescission of, direction

    3. 53. Magistrates' courts permitted to sit at other locations

    4. 54. Warning to jury

    5. 55. Rules of court

    6. 56. Interpretation of Part 8

  9. Part 9

    Prosecution appeals

    1. Introduction

      1. 57. Introduction

    2. General right of appeal in respect of rulings

      1. 58. General right of appeal in respect of rulings

      2. 59. Expedited and non-expedited appeals

      3. 60. Continuation of proceedings for offences not affected by ruling

      4. 61. Determination of appeal by Court of Appeal

    3. Right of appeal in respect of evidentiary rulings

      1. 62. Right of appeal in respect of evidentiary rulings

      2. 63. Condition that evidentiary ruling significantly weakens prosecution case

      3. 64. Expedited and non-expedited appeals

      4. 65. Continuation of proceedings for offences not affected by ruling

      5. 66. Determination of appeal by Court of Appeal

    4. Miscellaneous and supplemental

      1. 67. Reversal of rulings

      2. 68. Appeals to the House of Lords

      3. 69. Costs

      4. 70. Effect on time limits in relation to preliminary stages

      5. 71. Restrictions on reporting

      6. 72. Offences in connection with reporting

      7. 73. Rules of court

      8. 74. Interpretation of Part 9

  10. Part 10

    Retrial for serious offences

    1. Cases that may be retried

      1. 75. Cases that may be retried

    2. Application for retrial

      1. 76. Application to Court of Appeal

      2. 77. Determination by Court of Appeal

      3. 78. New and compelling evidence

      4. 79. Interests of justice

      5. 80. Procedure and evidence

      6. 81. Appeals

      7. 82. Restrictions on publication in the interests of justice

      8. 83. Offences in connection with publication restrictions

    3. Retrial

      1. 84. Retrial

    4. Investigations

      1. 85. Authorisation of investigations

      2. 86. Urgent investigative steps

    5. Arrest, custody and bail

      1. 87. Arrest and charge

      2. 88. Bail and custody before application

      3. 89. Bail and custody before hearing

      4. 90. Bail and custody during and after hearing

      5. 91. Revocation of bail

    6. Part 10: supplementary

      1. 92. Functions of the DPP

      2. 93. Rules of court

      3. 94. Armed Forces: Part 10

      4. 95. Interpretation of Part 10

      5. 96. Application of Part 10 to Northern Ireland

      6. 97. Application of Criminal Appeal Acts to proceedings under Part 10

  11. Part 11

    Evidence

    1. Chapter 1

      Evidence of bad character

      1. Introductory

        1. 98. "Bad character"

        2. 99. Abolition of common law rules

      2. Persons other than defendants

        1. 100. Non-defendant's bad character

      3. Defendants

        1. 101. Defendant's bad character

        2. 102. "Important explanatory evidence"

        3. 103. "Matter in issue between the defendant and the prosecution"

        4. 104. "Matter in issue between the defendant and a co-defendant"

        5. 105. "Evidence to correct a false impression"

        6. 106. "Attack on another person's character"

        7. 107. Stopping the case where evidence contaminated

        8. 108. Offences committed by defendant when a child

      4. General

        1. 109. Assumption of truth in assessment of relevance or probative value

        2. 110. Court's duty to give reasons for rulings

        3. 111. Rules of court

        4. 112. Interpretation of Chapter 1

        5. 113. Armed forces

    2. Chapter 2

      Hearsay evidence

      1. Hearsay: main provisions

        1. 114. Admissibility of hearsay evidence

        2. 115. Statements and matters stated

      2. Principal categories of admissibility

        1. 116. Cases where a witness is unavailable

        2. 117. Business and other documents

        3. 118. Preservation of certain common law categories of admissibility

        4. 119. Inconsistent statements

        5. 120. Other previous statements of witnesses

      3. Supplementary

        1. 121. Additional requirement for admissibility of multiple hearsay

        2. 122. Documents produced as exhibits

        3. 123. Capability to make statement

        4. 124. Credibility

        5. 125. Stopping the case where evidence is unconvincing

        6. 126. Court's general discretion to exclude evidence

      4. Miscellaneous

        1. 127. Expert evidence: preparatory work

        2. 128. Confessions

        3. 129. Representations other than by a person

        4. 130. Depositions

        5. 131. Evidence at retrial

      5. General

        1. 132. Rules of court

        2. 133. Proof of statements in documents

        3. 134. Interpretation of Chapter 2

        4. 135. Armed forces

        5. 136. Repeals etc

    3. Chapter 3

      Miscellaneous and supplemental

      1. 137. Evidence by video recording

      2. 138. Video evidence: further provisions

      3. 139. Use of documents to refresh memory

      4. 140. Interpretation of Chapter 3

      5. 141. Saving

  12. Part 12

    Sentencing

    1. Chapter 1

      General provisions about sentencing

      1. Matters to be taken into account in sentencing

        1. 142. Purposes of sentencing

        2. 143. Determining the seriousness of an offence

        3. 144. Reduction in sentences for guilty pleas

        4. 145. Increase in sentences for racial or religious aggravation

        5. 146. Increase in sentences for aggravation related to disability or sexual orientation

      2. General restrictions on community sentences

        1. 147. Meaning of "community sentence" etc.

        2. 148. Restrictions on imposing community sentences

        3. 149. Passing of community sentence on offender remanded in custody

        4. 150. Community sentence not available where sentence fixed by law etc.

        5. 151. Community order for persistent offender previously fined

      3. General restrictions on discretionary custodial sentences

        1. 152. General restrictions on imposing discretionary custodial sentences

        2. 153. Length of discretionary custodial sentences: general provision

      4. General limit on magistrates' court's power to impose imprisonment

        1. 154. General limit on magistrates' court's power to impose imprisonment

        2. 155. Consecutive terms of imprisonment

      5. Procedural requirements for imposing community sentences and discretionary custodial sentences

        1. 156. Pre-sentence reports and other requirements

        2. 157. Additional requirements in case of mentally disordered offender

        3. 158. Meaning of "pre-sentence report"

      6. Disclosure of pre-sentence reports etc

        1. 159. Disclosure of pre-sentence reports

        2. 160. Other reports of local probation boards and members of youth offending teams

      7. Pre-sentence drug testing

        1. 161. Pre-sentence drug testing

      8. Fines

        1. 162. Powers to order statement as to offender's financial circumstances

        2. 163. General power of Crown Court to fine offender convicted on indictment

        3. 164. Fixing of fines

        4. 165. Remission of fines

      9. Savings for power to mitigate etc

        1. 173. Annual report by Council

      10. Duty of court to explain sentence

        1. 174. Duty to give reasons for, and explain effect of, sentence

      11. Publication of information by Secretary of State

        1. 175. Duty to publish information about sentencing

      12. Interpretation of Chapter

        1. 176. Interpretation of Chapter 1

    2. Chapter 2

      Community orders: offenders aged 16 or over

      1. 177. Community orders

      2. 178. Power to provide for court review of community orders

      3. 179. Breach, revocation or amendment of community order

      4. 180. Transfer of community orders to Scotland or Northern Ireland

    3. Chapter 3

      Prison sentences of less than 12 months

      1. Prison sentences of less than twelve months

        1. 181. Prison sentences of less than 12 months

        2. 182. Licence conditions

      2. Intermittent custody

        1. 183. Intermittent custody

        2. 184. Restrictions on power to make intermittent custody order

        3. 185. Intermittent custody: licence conditions

        4. 186. Further provisions relating to intermittent custody

      3. Further provision about custody plus orders and intermittent custody orders

        1. 187. Revocation or amendment of order

        2. 188. Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland

      4. Suspended sentences

        1. 189. Suspended sentences of imprisonment

        2. 190. Imposition of requirements by suspended sentence order

        3. 191. Power to provide for review of suspended sentence order

        4. 192. Periodic reviews of suspended sentence order

        5. 193. Breach, revocation or amendment of suspended sentence order, and effect of further conviction

        6. 194. Transfer of suspended sentence orders to Scotland or Northern Ireland

      5. Interpretation of Chapter

        1. 195. Interpretation of Chapter 3

    4. Chapter 4

      Further provisions about orders under Chapters 2 and 3

      1. Introductory

        1. 196. Meaning of "relevant order"

        2. 197. Meaning of "the responsible officer"

        3. 198. Duties of responsible officer

      2. Requirements available in case of all offenders

        1. 199. Unpaid work requirement

        2. 200. Obligations of person subject to unpaid work requirement

        3. 201. Activity requirement

        4. 202. Programme requirement

        5. 203. Prohibited activity requirement

        6. 204. Curfew requirement

        7. 205. Exclusion requirement

        8. 206. Residence requirement

        9. 207. Mental health treatment requirement

        10. 208. Mental health treatment at place other than that specified in order

        11. 209. Drug rehabilitation requirement

        12. 210. Drug rehabilitation requirement: provision for review by court

        13. 211. Periodic review of drug rehabilitation requirement

        14. 212. Alcohol treatment requirement

        15. 213. Supervision requirement

      3. Requirements available only in case of offenders aged under 25

        1. 214. Attendance centre requirement

      4. Electronic monitoring

        1. 215. Electronic monitoring requirement

      5. Provisions applying to relevant orders generally

        1. 216. Petty sessions area to be specified in relevant order

        2. 217. Requirement to avoid conflict with religious beliefs, etc

        3. 218. Availability of arrangements in local area

        4. 219. Provision of copies of relevant orders

        5. 220. Duty of offender to keep in touch with responsible officer

      6. Powers of Secretary of State

        1. 221. Provision of attendance centres

        2. 222. Rules

        3. 223. Power to amend limits

    5. Chapter 5

      Dangerous offenders

      1. 224. Meaning of "specified offence" etc.

      2. 225. Life sentence or imprisonment for public protection for serious offences

      3. 226. Detention for life or detention for public protection for serious offences committed by those under 18

      4. 227. Extended sentence for certain violent or sexual offences: persons 18 or over

      5. 228. Extended sentence for certain violent or sexual offences: persons under 18

      6. 229. The assessment of dangerousness

      7. 230. Imprisonment or detention for public protection: release on licence

      8. 231. Appeals where previous convictions set aside

      9. 232. Certificates of convictions for purposes of section 229

      10. 233. Offences under service law

      11. 234. Determination of day when offence committed

      12. 235. Detention under sections 226 and 228

      13. 236. Conversion of sentences of detention into sentences of imprisonment

    6. Chapter 6

      Release on licence

      1. Preliminary

        1. 237. Meaning of "fixed-term prisoner"

      2. Power of court to recommend licence conditions

        1. 238. Power of court to recommend licence conditions for certain prisoners

        2. 239. The Parole Board

      3. Effect of remand in custody

        1. 240. Crediting of periods of remand in custody: terms of imprisonment and detention

        2. 241. Effect of direction under section 240 on release on licence

        3. 242. Interpretation of sections 240 and 241

        4. 243. Persons extradited to the United Kingdom

      4. Release on licence

        1. 244. Duty to release prisoners

        2. 245. Restrictions on operation of section 244(1) in relation to intermittent custody prisoners

        3. 246. Power to release prisoners on licence before required to do so

        4. 247. Release on licence of prisoner serving extended sentence under section 227 or 228

        5. 248. Power to release prisoners on compassionate grounds

        6. 249. Duration of licence

        7. 250. Licence conditions

        8. 251. Licence conditions on re-release of prisoner serving sentence of less than 12 months

        9. 252. Duty to comply with licence conditions

        10. 253. Curfew condition to be included in licence under section 246

      5. Recall after release

        1. 254. Recall of prisoners while on licence

        2. 255. Recall of prisoners released early under section 246

        3. 256. Further release after recall

      6. Additional days

        1. 257. Additional days for disciplinary offences

      7. Fine defaulters and contemnors

        1. 258. Early release of fine defaulters and contemnors

      8. Persons liable to removal from the United Kingdom

        1. 259. Persons liable to removal from the United Kingdom

        2. 260. Early removal of prisoners liable to removal from United Kingdom

        3. 261. Re-entry into United Kingdom of offender removed from prison early

        4. 262. Prisoners liable to removal from Unite

    7. Chapter 7

      Effect of life sentence

      1. 269. Determination of minimum term in relation to mandatory life sentence

      2. 270. Duty to give reasons

      3. 271. Appeals

      4. 272. Review of minimum term on a reference by Attorney General

      5. 273. Life prisoners transferred to England and Wales

      6. 274. Further provisions about references relating to transferred life prisoners

      7. 275. Duty to release certain life prisoners

      8. 276. Mandatory life sentences: transitional cases

      9. 277. Interpretation of Chapter 7

    8. Chapter 8

      Other provisions about sentencing

      1. Deferment of sentence

        1. 278. Deferment of sentence

      2. Power to include drug treatment and testing requirement in certain orders in respect of young offenders

        1. 279. Drug treatment and testing requirement in action plan order or supervision order

      3. Alteration of penalties for offences

        1. 280. Alteration of penalties for specified summary offences

        2. 281. Alteration of penalties for other summary offences

        3. 282. Increase in maximum term that may be imposed on summary conviction of offence triable either way

        4. 283. Enabling powers: power to alter maximum penalties

        5. 284. Increase in penalties for drug-related offences

        6. 285. Increase in penalties for certain driving-related offences

        7. 286. Increase in penalties for offences under section 174 of Road Traffic Act 1988

      4. Firearms offences

        1. 287. Minimum sentence for certain firearms offences

        2. 288. Certain firearms offences to be triable only on indictment

        3. 289. Power to sentence young offender to detention in respect of certain firearms offences: England and Wales

        4. 290. Power to sentence young offender to detention in respect of certain firearms offences: Scotland

        5. 291. Power by order to exclude application of minimum sentence to those under 18

        6. 292. Sentencing for firearms offences in Northern Ireland

        7. 293. Increase in penalty for offences relating to importation or exportation of certain firearms

      5. Offenders transferred to mental hospital

        1. 294. Duration of directions under Mental Health Act 1983 in relation to offenders

        2. 295. Access to Parole Board for certain patients serving prison sentences

        3. 296. Duration of directions under Mental Health (Northern Ireland) Order 1986 in relation to offenders

        4. 297. Access to Sentence Review Commissioners and Life Sentence Review Commissioners for certain Northern Ireland patients

      6. Term of detention and training order

        1. Chapter 9

          Supplementary

          1. 302. Execution of process between England and Wales and Scotland

          2. 303. Sentencing: repeals

          3. 304. Amendments relating to sentencing

          4. 305. Interpretation of Part 12

      7. Part 13

        Miscellaneous

        1. Detention of suspected terrorists

          1. 306. Limit on period of detention without charge of suspected terrorists

        2. Enforcement of legislation on endangered species

          1. 307. Enforcement of regulations implementing Community legislation on endangered species

        3. Miscellaneous provisions about criminal proceedings

          1. 308. Non-appearance of defendant: plea of guilty

          2. 309. Preparatory hearings for serious offences not involving fraud

          3. 310. Preparatory hearings to deal with severance and joinder of charges

          4. 311. Reporting restrictions for preparatory hearings

          5. 312. Awards of costs

          6. 313. Extension of investigations by Criminal Cases Review Commission in England and Wales

          7. 314. Extension of investigations by Criminal Cases Review Commission in Northern Ireland

          8. 315. Appeals following reference by Criminal Cases Review Commission

          9. 316. Power to substitute conviction of alternative offence on appeal in England and Wales

          10. 317. Power to substitute conviction of alternative offence on appeal in Northern Ireland

          11. 318. Substitution of conviction on different charge on appeal from court-martial

          12. 319. Appeals against sentences in England and Wales

        4. Outraging public decency

          1. 320. Offence of outraging public decency triable either way

        5. Jury service

          1. 321. Jury service

        6. Individual support orders

          1. 322. Individual support orders

          2. 323. Individual support orders: consequential amendments

        7. Parenting orders and referral orders

          1. 324. Parenting orders and referral orders

        8. Assessing etc. risks posed by sexual or violent offenders

          1. 325. Arrangements for assessing etc risks posed by certain offenders

          2. 326. Review of arrangements

          3. 327. Section 325: interpretation

        9. Criminal record certificates

          1. 328. Criminal record certificates: amendments of Part 5 of Police Act 1997

        10. Civil proceedings brought by offe

    9. Part 14

      General

      1. 330. Orders and rules

      2. 331. Further minor and consequential amendments

      3. 332. Repeals

      4. 333. Supplementary and consequential provision, etc.

      5. 334. Provision for Northern Ireland

      6. 335. Expenses

      7. 336. Commencement

      8. 337. Extent

      9. 338. Channel Islands and Isle of Man

      10. 339. Short title

      1. Schedule 1

        Amendments related to Part 1

      2. Schedule 2

        Charging or release of persons in police detention

      3. Schedule 3

        Allocation of cases triable either way, and sending cases to the Crown Court etc

        1. Part 1

          Principal amendments

        2. Part 2

          minor and consequential amendments

      4. Schedule 4

        Qualifying offences for purposes of section 62

        1. Part 1

          List of offences

        2. Part 2

          Supplementary

      5. Schedule 5

        Qualifying offences for purposes of Part 10

        1. Part 1

          List of offences for England and Wales

        2. Part 2

          List of offences for Northern Ireland

        3. Part 3

          Supplementary

      6. Schedule 6

        Evidence of bad character: armed forces

      7. Schedule 7

        Hearsay evidence: armed forces

      8. Schedule 8

        Breach, revocation or amendment of community order

        1. Part 1

          Preliminary

        2. Part 2

          Breach of requirement of order

        3. Part 3

          Revocation of order

        4. Part 4

          Amendment of order

        5. Part 5

          Powers of court in relation to order following subsequent conviction

        6. Part 6

          Supplementary

      9. Schedule 9

        Transfer of community orders to Scotland or Northern Ireland

        1. Part 1

          Scotland

        2. Part 2

          Northern Ireland

        3. Part 3

          General provisions

      10. Schedule 10

        Revocation or amendment of custody plus orders and amendment of intermittent custody orders

      11. Schedule 11

        Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland

        1. Part 1

          Introductory

        2. Part 2

          Scotland

        3. Part 3

          Northern Ireland

        4. Part 4

          General provisions

        5. Part 5

          Supplementary

      12. Schedule 12

        Breach or amendment of suspended sentence order, and effect of further conviction

        1. Part 1

          Preliminary

        2. Part 2

          Breach of community requirement or conviction of further offence

        3. Part 3

          Amendment of suspended sentence order

      13. Schedule 13

        Transfer of suspended sentence orders to Scotland or Northern Ireland

        1. Part 1

          Scotland

        2. Part 2

          Northern Ireland

        3. Part 3

          General provisions: breach or amendment

        4. Part 4

          Supplementary

      14. Schedule 14

        Persons to whom copies of requirements to be provided in particular cases

      15. Schedule 15

        Specified offences for purposes of Chapter 5 of Part 12

        1. Part 1

          Specified violent offences

        2. Part 2

          Specified sexual offences

      16. Schedule 16

        Scottish offences specified for the purposes of section 229(4)

      17. Schedule 17

        Northern Ireland offences specified for the purposes of section 229(4)

        1. Part 1

          Violent offences

        2. Part 2

          Sexual offences

      18. Schedule 18

        Release of prisoners serving sentences of imprisonment or detention for public protection

      19. Schedule 19

        The Parole Board: supplementary provisions

      20. Schedule 20

        Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991

      21. Schedule 21

        Determination of minimum term in relation to mandatory life sentence

      22. Schedule 22

        Mandatory life sentences: transitional cases

      23. Schedule 23

        Deferment of sentence

      24. Schedule 24

        Drug treatment and testing requirement in action plan order or supervision order

      25. Schedule 25

        Summary offences no longer punishable with imprisonment

      26. Schedule 26

        Increase in maximum term for certain summary offences

      27. Schedule 27

        Enabling powers: alteration of maximum penalties etc.

      28. Schedule 28

        Increase in penalties for drug-related offences

      29. Schedule 29

        Sentencing for firearms offences in Northern Ireland

      30. Schedule 30

        Disqualification from working with children

      31. Schedule 31

        Default orders: modification of provisions relating to community orders

      32. Schedule 32

        Amendments relating to sentencing

        1. Part 1

          General

        2. Part 2

          Offences: abolition of imprisonment and conversion to summary offence

      33. Schedule 33

        Jury service

      34. Schedule 34

        Parenting orders and referral orders

      35. Schedule 35

        Criminal record certificates: amendments of Part 5 of Police Act 1997

      36. Schedule 36

        Further minor and consequential amendments

        1. Part 1

          Bail

        2. Part 2

          Charging etc

        3. Part 3

          Disclosure

        4. Part 4

          Trials on indictment without a jury

        5. Part 5

          Evidence

        6. Part 6

          Miscellaneous

      37. Schedule 37

        Repeals

        1. Part 1

          Repeals relating to amendments of Police and Criminal Evidence Act 1984

        2. Part 2

          Bail

        3. Part 3

          Disclosure

        4. Part 4

          Allocation and sending of offences

        5. Part 5

          Evidence of bad character

        6. Part 6

          Hearsay evidence

        7. Part 7

          Sentencing: general

        8. Part 8

          Life sentences

        9. Part 9

          Alteration of penalties for summary offences

        10. Part 10

          Jury service

        11. Part 11

          Repeals relating to amendments of Part 5 of Police Act 1997

        12. Part 12

          Miscellaneous

      38. Schedule 38

        Transitory, transitional and saving provisions

An Act to make provision about criminal justice (including the powers and duties of the police) and about dealing with offenders; to amend the law relating to jury service; to amend Chapter 1 of Part 1 of the Crime and Disorder Act 1998 and Part 5 of the Police Act 1997; to make provision about civil proceedings brought by offenders; and for connected purposes.

[20th November 2003]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part 1 Amendments of Police and Criminal Evidence Act 1984

1 Extension of powers to stop and search

(1) In this Part, "the 1984 Act" means the Police and Criminal Evidence Act 1984 (c. 60).

(2) In section 1(8) of the 1984 Act (offences for purpose of definition of prohibited article), at the end of paragraph (d) there is inserted " ; and

(e) offences under section 1 of the Criminal Damage Act 1971 (destroying or damaging property). "

2 Warrants to enter and search

In section 16 of the 1984 Act (execution of warrants), after subsection (2) there is inserted--

" (2A) A person so authorised has the same powers as the constable whom he accompanies in respect of--

(a) the execution of the warrant, and

(b) the seizure of anything to which the warrant relates.

(2B) But he may exercise those powers only in the company, and under the supervision, of a constable. "

3 Arrestable offences

(1) Schedule 1A to the 1984 Act (specific offences which are arrestable offences) is amended as follows.

(2) After paragraph 2 there is inserted--

" Criminal Justice Act 1925

2ZA An offence under section 36 of the Criminal Justice Act 1925 (untrue statement for procuring a passport). "

(3) After paragraph 6 there is inserted--

" Misuse of Drugs Act 1971

6A An offence under section 5(2) of the Misuse of Drugs Act 1971 (having possession of a controlled drug) in respect of cannabis or cannabis resin (within the meaning of that Act). "

(4) After paragraph 17 there is inserted--

" 17A An offence under section 174 of the Road Traffic Act 1988 (false statements and withholding material information). "

4 Bail elsewhere than at police station

(1) Section 30 of the 1984 Act (arrest elsewhere than at police station) is amended as follows.

(2) For subsection (1) there is substituted--

" (1) Subsection (1A) applies where a person is, at any place other than a police station--

(a) arrested by a constable for an offence, or

(b) taken into custody by a constable after being arrested for an offence by a person other than a constable.

(1A) The person must be taken by a constable to a police station as soon as practicable after the arrest.

(1B) Subsection (1A) has effect subject to section 30A (release on bail) and subsection (7) (release without bail). "

(3) In subsection (2) for "subsection (1)" there is substituted "subsection (1A)".

(4) For subsection (7) there is substituted--

" (7) A person arrested by a constable at any place other than a police station must be released without bail if the condition in subsection (7A) is satisfied.

(7A) The condition is that, at any time before the person arrested reaches a police station, a constable is satisfied that there are no grounds for keeping him under arrest or releasing him on bail under section 30A. "

(5) For subsections (10) and (11) there is substituted--

" (10) Nothing in subsection (1A) or in section 30A prevents a constable delaying taking a person to a police station or releasing him on bail if the condition in subsection (10A) is satisfied.

(10A) The condition is that the presence of the person at a place (other than a police station) is necessary in order to carry out such investigations as it is reasonable to carry out immediately.

(11) Where there is any such delay the reasons for the delay must be recorded when the person first arrives at the police station or (as the case may be) is released on bail. "

(6) In subsection (12) for "subsection (1)" there is substituted "subsection (1A) or section 30A".

(7) After section 30 there is inserted--

" 30A Bail elsewhere than at police station

(1) A constable may release on bail a person who is arrested or taken into custody in the circumstances mentioned in section 30(1).

(2) A person may be released on bail under subsection (1) at any time before he arrives at a police station.

(3) A person released on bail under subsection (1) must be required to attend a police station.

(4) No other requirement may be imposed on the person as a condition of bail.

(5) The police station which the person is required to attend may be any police station.

30B Bail under section 30A: notices

(1) Where a constable grants bail to a person under section 30A, he must give that person a notice in writing before he is released.

(2) The notice must state--

(a) the offence for which he was arrested, and

(b) the ground on which he was arrested.

(3) The notice must inform him that he is required to attend a police station.

(4) It may also specify the police station which he is required to attend and the time when he is required to attend.

(5) If the notice does not include the information mentioned in subsection (4), the person must subsequently be given a further notice in writing which contains that information.

(6) The person may be required to attend a different police station from that specified in the notice under subsection (1) or (5) or to attend at a different time.

(7) He must be given notice in writing of any such change as is mentioned in subsection (6) but more than one such notice may be given to him.

30C Bail under section 30A: supplemental

(1) A person who has been required to attend a police station is not required to do so if he is given notice in writing that his attendance is no longer required.

(2) If a person is required to attend a police station which is not a designated police station he must be--

(a) released, or

(b) taken to a designated police station,

not more than six hours after his arrival.

(3) Nothing in the Bail Act 1976 applies in relation to bail under section 30A.

(4) Nothing in section 30A or 30B or in this section prevents the re-arrest without a warrant of a person released on bail under section 30A if new evidence justifying a further arrest has come to light since his release.

30D Failure to answer to bail under section 30A

(1) A constable may arrest without a warrant a person who--

(a) has been released on bail under section 30A subject to a requirement to attend a specified police station, but

(b) fails to attend the police station at the specified time.

(2) A person arrested under subsection (1) must be taken to a police station (which may be the specified police station or any other police station) as soon as practicable after the arrest.

(3) In subsection (1), "specified" means specified in a notice under subsection (1) or (5) of section 30B or, if notice of change has been given under subsection (7) of that section, in that notice.

(4) For the purposes of--

(a) section 30 (subject to the obligation in subsection (2)), and

(b) section 31,

an arrest under this section is to be treated as an arrest for an offence. "

5 Drug testing for under-eighteens

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(1) The 1984 Act is amended as follows.

(2) In section 38 (duties of custody officer after charge)--

(a) in subsection (1)--

(i) for sub-paragraph (iiia) of paragraph (a) there is substituted--

" (iiia) except in a case where (by virtue of subsection (9) of section 63B below) that section does not apply, the custody officer has reasonable grounds for believing that the detention of the person is necessary to enable a sample to be taken from him under that section; " ,

(ii) in sub-paragraph (i) of paragraph (b), after "satisfied" there is inserted "(but, in the case of paragraph (a)(iiia) above, only if the arrested juvenile has attained the minimum age)",

(b) in subsection (6A), after the definition of "local authority accommodation" there is inserted--

" "minimum age" means the age specified in section 63B(3) below; " .

(3) In section 63B (testing for presence of Class A drugs)--

(a) in subsection (3), for "18" there is substituted "14",

(b) after subsection (5) there is inserted--

" (5A) In the case of a person who has not attained the age of 17--

(a) the making of the request under subsection (4) above;

(b) the giving of the warning and (where applicable) the information under subsection (5) above; and

(c) the taking of the sample,

may not take place except in the presence of an appropriate adult. " ,

(c) after subsection (6) there is inserted--

" (6A) The Secretary of State may by order made by statutory instrument amend subsection (3) above by substituting for the age for the time being specified a different age specified in the order.

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