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Criminal Justice Act 2003

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Changes over time for: Cross Heading: The 1984 Act

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Point in time view as at 16/09/2011.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Justice Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

The 1984 ActE+W

1E+WThe 1984 Act is amended as follows.

2E+WIn section 18 (entry and search after arrest), for subsection (5) there is substituted—

(5)A constable may conduct a search under subsection (1)—

(a)before the person is taken to a police station or released on bail under section 30A, and

(b)without obtaining an authorisation under subsection (4),

if the condition in subsection (5A) is satisfied.

(5A)The condition is that the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence.

3E+WIn section 21 (access and copying), at the end there is inserted—

(9)The references to a constable in subsections (1), (2), (3)(a) and (5) include a person authorised under section 16(2) to accompany a constable executing a warrant.

4E+WIn section 22 (retention), at the end there is inserted—

(7)The reference in subsection (1) to anything seized by a constable includes anything seized by a person authorised under section 16(2) to accompany a constable executing a warrant.

5E+WIn section 34 (limitation on police detention), for subsection (7) there is substituted—

(7)For the purposes of this Part a person who—

(a)attends a police station to answer to bail granted under section 30A,

(b)returns to a police station to answer to bail granted under this Part, or

(c)is arrested under section 30D or 46A,

is to be treated as arrested for an offence and that offence is the offence in connection with which he was granted bail.

6E+WIn section 35(1) (designated police stations), for “section 30(3) and (5) above” there is substituted “ sections 30(3) and (5), 30A(5) and 30D(2) ”.

7E+WIn section 36 (custody officers at police stations), after subsection (7) there is inserted—

(7A)Subject to subsection (7B), subsection (7) applies where a person attends a police station which is not a designated station to answer to bail granted under section 30A as it applies where a person is taken to such a station.

(7B)Where subsection (7) applies because of subsection (7A), the reference in subsection (7)(b) to the officer who took him to the station is to be read as a reference to the officer who granted him bail.

8E+WIn section 41(2) (calculation of periods of time), after paragraph (c) there is inserted—

(ca)in the case of a person who attends a police station to answer to bail granted under section 30A, the time when he arrives at the police station;.

9E+WIn section 45A(2)(a) (functions which may be performed by video-conferencing), after “taken to” there is inserted “ , or answering to bail at, ”.

10E+WIn section 47 (bail after arrest)—

(a)in subsection (6), after “granted bail” there is inserted “ under this Part ”, and

(b)in subsection (7), after “released on bail” there is inserted “ under this Part ”.

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