Police and Justice Bill — 18 Oct 2006 at 18:34

moved Amendments Nos. 36 to 51:

Page 36, leave out line 34.

Page 36, leave out line 37.

Page 36, leave out from beginning of line 39 to end of line 4 on page 37 and insert-

""custody"- (a) includes local authority accommodation to which a person is remanded or committed by virtue of section 23 of the Children and Young Persons Act 1969; but (b) does not include police detention;"

Page 37, leave out lines 10 to 13.

Page 37, line 13 at end insert-

""police detention" has the meaning given by section 118(2) of the Police and Criminal Evidence Act 1984;"

Page 37, line 31, at end insert "where accused is in custody"

Page 37, leave out lines 32 to 37 and insert-

"(1) This section applies in relation to a preliminary hearing in a magistrates' court or the Crown Court.

(2) Where it appears to the court before which the preliminary hearing is to take place that the accused is likely to be held in custody during the hearing, the court may give a live link direction under this section in relation to the attendance of the accused at the hearing.

(2A) A live link direction under this section is a direction requiring the accused, if he is being held in custody during the hearing, to attend it through a live link from the place at which he is being held."

Page 37, line 43, at end insert-

"( ) If in a case where it has power to do so a magistrates' court decides not to give a live link direction under this section, it must-

(a) state in open court its reasons for not doing so; and (b) cause those reasons to be entered in the register of its proceedings."

Page 37, line 43, at end insert-

"57BA USE OF LIVE LINK AT PRELIMINARY HEARINGS WHERE ACCUSED IS AT POLICE STATION

(1) This section applies in relation to a preliminary hearing in a magistrates' court.

(2) Where subsection (3) or (4) applies to the accused, the court may give a live link direction in relation to his attendance at the preliminary hearing.

(3) This subsection applies to the accused if-

(a) he is in police detention at a police station in connection with the offence; and (b) it appears to the court that he is likely to remain at that station in police detention until the beginning of the preliminary hearing.

(4) This subsection applies to the accused if he is at a police station in answer to live link bail in connection with the offence.

(5) A live link direction under this section is a direction requiring the accused to attend the preliminary hearing through a live link from the police station.

(6) But a direction given in relation to an accused to whom subsection (3) applies has no effect if he does not remain in police detention at the police station until the beginning of the preliminary hearing.

(7) A live link direction under this section may not be given unless the accused has given his consent to the court.

(8) A magistrates' court may rescind a live link direction under this section at any time before or during a hearing to which it relates.

(9) A magistrates' court may require or permit-

(a) the accused to give or withhold consent under subsection (7) through a live link; and (b) any party to the proceedings who wishes to make representations in relation to the giving or rescission of a live link direction under this section to do so through a live link.

(10) Where a live link direction under this section is made in relation to an accused person who is answering to live link bail he is to be treated as having surrendered to the custody of the court (as from the time when the direction is made).

(11) In this section, "live link bail" means bail granted under Part 4 of the Police and Criminal Evidence Act 1984 subject to the duty mentioned in section 47(3)(b) of that Act."

Page 37, line 44, at beginning insert-

"57BB CONTINUED USE OF LIVE LINK FOR SENTENCING HEARING FOLLOWING A PRELIMINARY HEARING".

Page 37, line 45, leave out "this section" and insert "section 57B or 57BA"

Page 38, leave out lines 19 to 23.

Page 38, line 29, at end insert-

"(2A) A live link direction under this section is a direction requiring the accused, if he is being held in custody during the hearing, to attend it through a live link from the place at which he is being held."

Page 38, line 30, leave out "The" and insert "Such a"

Page 38, line 36, leave out second "the" and insert "such a"

Page 38, line 40, leave out second "the" and insert "such a"

On Question, amendments agreed to.

moved Amendment No. 52:

After Clause 50, insert the following new clause-

"LIVE LINK BAIL

(1) The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

(2) After section 34(7) (persons who are to be treated as arrested) there is inserted-

"(8) Subsection (7) does not apply in relation to a person who is granted bail subject to the duty mentioned in section 47(3)(b) and who either-

(a) attends a police station to answer to such bail, or (b) is arrested under section 46A for failing to do so, (provision as to the treatment of such persons for the purposes of this Part being made by section 46ZA)."

(3) After section 46 (detention after charge) there is inserted-

"46ZA PERSONS GRANTED LIVE LINK BAIL

(1) This section applies in relation to bail granted under this Part subject to the duty mentioned in section 47(3)(b) ("live link bail").

(2) An accused person who attends a police station to answer to live link bail is not to be treated as in police detention for the purposes of this Act.

(3) Subsection (2) does not apply in relation to an accused person if-

(a) at any time before the beginning of proceedings in relation to a live link direction under section 57BA of the Crime and Disorder Act 1998 in relation to him, he informs a constable that he does not intend to give his consent to the direction; (b) at any such time, a constable informs him that a live link will not be available for his use for the purposes of that section; (c) proceedings in relation to a live link direction under that section have begun but he does not give his consent to the direction; or (d) the court determines for any other reason not to give such a direction.

(4) If any of paragraphs (a) to (d) of subsection (3) apply in relation to a person, he is to be treated for the purposes of this Part-

(a) as if he had been arrested for and charged with the offence in connection with which he was granted bail, and (b) as if he had been so charged at the time when that paragraph first applied in relation to him.

(5) An accused person who is arrested under section 46A for failing to attend at a police station to answer to live link bail, and who is brought to a police station in accordance with that section, is to be treated for the purposes of this Part-

(a) as if he had been arrested for and charged with the offence in connection with which he was granted bail, and (b) as if he had been so charged at the time when he is brought to the station.

(6) Nothing in subsection (4) or (5) affects the operation of section 47(6)."

(4) In section 46A (power of arrest for failure to answer to police bail) after subsection (1) there is inserted-

"(1ZA) The reference in subsection (1) to a person who fails to attend at a police station at the time appointed for him to do so includes a reference to a person who-

(a) attends at a police station to answer to bail granted subject to the duty mentioned in section 47(3)(b), but (b) leaves the police station at any time before the beginning of proceedings in relation to a live link direction under section 57BA of the Crime and Disorder Act 1998 in relation to him, without informing a constable that he does not intend to give his consent to the direction."

(5) In section 47 (bail after arrest)-

(a) in subsection (3) for paragraphs (a) and (b) and the words following them there is substituted- "(a) to appear before a magistrates' court at such time and such place as the custody officer may appoint; (b) to attend at such police station as the custody officer may appoint at such time as he may appoint for the purposes of- (i) proceedings in relation to a live link direction under section 57BA of the Crime and Disorder Act 1998 (use of live link direction at preliminary hearings where accused is at police station); and (ii) any preliminary hearing in relation to which such a direction is given; or (c) to attend at such police station as the custody officer may appoint at such time as he may appoint for purposes other than those mentioned in paragraph (b)."; and. (b) in subsection (7) at the end insert "or to a person to whom section 46(ZA)(4) or (5) applies".

(6) In section 54 (searches of detained persons) in subsection (1)(b) after "37 above" there is inserted "or as a person to whom section 46ZA(4) or (5) applies"."

On Question, amendment agreed to.

Clause 53 <[i>Orders and regulations]:

moved Amendments Nos. 53 and 54:

Page 42, leave out lines 9 and 10.

Page 42, line 13, leave out "section 30(3)(a) or (b) or"

On Question, amendments agreed to.

Clause 58 <[i>Extent]:

moved Amendment No. 55:

Page 45, leave out line 20.

On Question, amendment agreed to.

Schedule 1 <[i>National Policing Improvement Agency]:

moved Amendment No. 56:

Page 57, line 29, leave out "for Justice, Community Safety and Custody" and insert "of Constabulary"

On Question, amendment agreed to.

Schedule 2 <[i>Amendments to the Police Act 1996]:

moved Amendment No. 57:

Page 75, line 33, at end insert-

"A relevant council or joint committee shall exercise its powers to appoint members of a police authority under paragraph 2 so as to ensure that, so far as is practicable, in the case of the members for whose appointment it is responsible, the proportion that are members of any given political party-

(a) where it is a council that is responsible for their appointment, is the same as the proportion of the members of the council who are members of that party; and (b) where it is a joint committee that is so responsible, is the same as the proportion of the members of the relevant councils taken as a whole who are members of that party."

On Question, Whether the said amendment(No. 57) shall be agreed to?

Their Lordships divided: Contents, 52; Not-Contents, 129.

Debate in Parliament | Source |