Criminal Justice Act 2003

JurisdictionUK Non-devolved
Citation2003 c. 44
See commencement information

Criminal Justice Act 2003

2003 CHAPTER 44

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]

B e 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:—

1 Amendments of Police and Criminal Evidence Act 1984

Part 1

Amendments of Police and Criminal Evidence Act 1984

S-1 Extension of powers to stop and search

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).’

S-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.’

S-3 Arrestable offences

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—

S-2ZA

2ZA

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—

S-6A

6A

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—

S-17A

17A

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

S-4 Bail elsewhere than at police station

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—

S-30A

30A

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

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

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

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

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

S-30B

30B

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

(2) The notice must state—

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

(b) the ground on which he was arrested.

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

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

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

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

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

S-30C

30C

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

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

(a) released, or

(b) taken to a designated police station,

not more than six hours after his arrival.

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

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

S-30D

30D

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

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

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

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

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

(4) For the purposes of—

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

(b) section 31,

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

S-5 Drug testing for under-eighteens

5 Drug testing for under-eighteens

(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.

(6B) A statutory instrument containing an order under subsection (6A) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.’,

(d) after subsection (8) there is inserted—

(9) In relation to a person who has not attained the age of 18, this section applies only where—

(a) the relevant chief officer has been notified by the Secretary of State that arrangements for the taking of samples under this section from persons who have not attained the age of 18 have been made for the police area as a whole, or for the particular police station, in which the person is in police detention; and

(b) the notice has not been withdrawn.

(10) In this section—

‘appropriate adult’, in relation to a person who has not attained...

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