5A Supplementary provisions in cases of police bail.

1

Section 5 of this Act applies, in relation to bail granted by a custody officer under Part IV of the Police and Criminal Evidence Act 1984 in cases where the normal powers to impose conditions of bail are available to him, subject to the following modifications.

2

For subsection (3) substitute the following—

”

Where a custody officer, in relation to any person,—

a

imposes conditions in granting bail in criminal proceedings, or

b

varies any conditions of bail or imposes conditions in respect of bail in criminal proceedings,

the custody officer shall, with a view to enabling that person to consider requesting him or another custody officer, or making an application to a magistrates’ court, to vary the conditions, give reasons for imposing or varying the conditions.”.

3

For subsection (4) substitute the following—

”

A custody officer who is by virtue of subsection (3) above required to give reasons for his decision shall include a note of those reasons in the custody record and shall give a copy of that note to the person in relation to whom the decision was taken.”.

4

Subsections (5) and (6) shall be omitted.

43B Power to grant bail where police bail has been granted.

1

Where a custody officer—

a

grants bail to any person under Part IV of the Police and Criminal Evidence Act 1984 in criminal proceedings and imposes conditions, or

b

varies, in relation to any person, conditions of bail in criminal proceedings under section 3(8) of the Bail Act 1976,

a magistrates’ court may, on application by or on behalf of that person, grant bail or vary the conditions.

2

On an application under subsection (1) the court, if it grants bail and imposes conditions or if it varies the conditions, may impose more onerous conditions.

3

On determining an application under subsection (1) the court shall remand the applicant, in custody or on bail in accordance with the determination, and, where the court withholds bail or grants bail the grant of bail made by the custody officer shall lapse.

4

In this section “bail in criminal proceedings” and “vary” have the same meanings as they have in the Bail Act 1976.

12 Non-appearance of accused: plea of guilty.

1

This section shall apply where—

a

a summons has been issued requiring a person to appear before a magistrates’ court, other than a youth court, to answer to an information for a summary offence, not being—

i

an offence for which the accused is liable to be sentenced to be imprisoned for a term exceeding 3 months; or

ii

an offence specified in an order made by the Secretary of State by statutory instrument; and

b

the clerk of the court is notified by or on behalf of the prosecutor that the documents mentioned in subsection (3) below have been served upon the accused with the summons.

2

The reference in subsection (1)(a) above to the issue of a summons requiring a person to appear before a magistrates’ court other than a youth court includes a reference to the issue of a summons requiring a person who has attained the age of 16 at the time when it is issued to appear before a youth court.

3

The documents referred to in subsection (1)(b) above are—

a

a notice containing such statement of the effect of this section as may be prescribed;

b

a concise statement in the prescribed form of such facts relating to the charge as will be placed before the court by or on behalf of the prosecutor if the accused pleads guilty without appearing before the court; and

c

if any information relating to the accused will or may, in those circumstances, be placed before the court by or on behalf of the prosecutor, a notice containing or describing that information.

4

Where the clerk of the court receives a notification in writing purporting to be given by the accused or by a legal representative acting on his behalf that the accused desires to plead guilty without appearing before the court—

a

the clerk of the court shall inform the prosecutor of the receipt of the notification; and

b

the following provisions of this section shall apply.

5

If at the time and place appointed for the trial or adjourned trial of the information—

a

the accused does not appear; and

b

it is proved to the satisfaction of the court, on oath or in such manner as may be prescribed, that the documents mentioned in subsection (3) above have been served upon the accused with the summons,

the court may, subject to section 11(3) and (4) above and subsections (6) to (8) below, proceed to hear and dispose of the case in the absence of the accused, whether or not the prosecutor is also absent, in like manner as if both parties had appeared and the accused had pleaded guilty.

6

If at any time before the hearing the clerk of the court receives an indication in writing purporting to be given by or on behalf of the accused that he wishes to withdraw the notification—

a

the clerk of the court shall inform the prosecutor of the withdrawal; and

b

the court shall deal with the information as if the notification had not been given.

7

Before accepting the plea of guilty and convicting the accused under subsection (5) above, the court shall cause the following to be read out before the court by the clerk of the court, namely—

a

the statement of facts served upon the accused with the summons;

b

any information contained in a notice so served, and any information described in such a notice and produced by or on behalf of the prosecutor;

c

the notification under subsection (4) above; and

d

any submission received with the notification which the accused wishes to be brought to the attention of the court with a view to mitigation of sentence.

8

If the court proceeds under subsection (5) above to hear and dispose of the case in the absence of the accused, the court shall not permit—

a

any other statement with respect to any facts relating to the offence charged; or

b

any other information relating to the accused,

to be made or placed before the court by or on behalf of the prosecutor except on a resumption of the trial after an adjournment under section 10(3) above.

9

If the court decides not to proceed under subsection (5) above to hear and dispose of the case in the absence of the accused, it shall adjourn or further adjourn the trial for the purpose of dealing with the information as if the notification under subsection (4) above had not been given.

10

In relation to an adjournment on the occasion of the accused’s conviction in his absence under subsection (5) above or to an adjournment required by subsection (9) above, the notice required by section 10(2) above shall include notice of the reason for the adjournment.

11

No notice shall be required by section 10(2) above in relation to an adjournment—

a

which is for not more than 4 weeks; and

b

the purpose of which is to enable the court to proceed under subsection (5) above at a later time.

12

No order shall be made under subsection (1) above unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

13

Any such document as is mentioned in subsection (3) above may be served in Scotland with a summons which is so served under the Summary Jurisdiction (Process) Act 1881.

12A Application of section 12 where accused appears.

1

Where the clerk of the court has received such a notification as is mentioned in subsection (4) of section 12 above but the accused nevertheless appears before the court at the time and place appointed for the trial or adjourned trial, the court may, if he consents, proceed under subsection (5) of that section as if he were absent.

2

Where the clerk of the court has not received such a notification and the accused appears before the court at that time and place and informs the court that he desires to plead guilty, the court may, if he consents, proceed under section 12(5) above as if he were absent and the clerk had received such a notification.

3

For the purposes of subsections (1) and (2) above, subsections (6) to (11) of section 12 above shall apply with the modifications mentioned in subsection (4) or, as the case may be, subsection (5) below.

4

The modifications for the purposes of subsection (1) above are that—

a

before accepting the plea of guilty and convicting the accused under subsection (5) of section 12 above, the court shall afford the accused an opportunity to make an oral submission with a view to mitigation of sentence; and

b

where he makes such a submission, subsection (7)(d) of that section shall not apply.

5

The modifications for the purposes of subsection (2) above are that—

a

subsection (6) of section 12 above shall apply as if any reference to the notification under subsection (4) of that section were a reference to the consent under subsection (2) above;

b

subsection (7)(c) and (d) of that section shall not apply; and

c

before accepting the plea of guilty and convicting the accused under subsection (5) of that section, the court shall afford the accused an opportunity to make an oral submission with a view to mitigation of sentence.

4A Forfeiture of vehicles.

1

Where a person is convicted of an offence under section thirty of the Game Act 1831 as one of five or more persons liable under that section and the court is satisfied that any vehicle belonging to him or in his possession or under his control at the relevant time has been used for the purpose of committing or facilitating the commission of the offence, the court may make an order for forfeiture under this subsection in respect of that vehicle.

2

The court may make an order under subsection (1) above whether or not it also deals with the offender in respect of the offence in any other way and without regard to any restriction on forfeiture in any enactment.

3

Facilitating the commission of the offence shall be taken for the purposes of subsection (1) above to include the taking of any steps after it has been committed for the purpose of—

a

avoiding apprehension or detection; or

b

removing from the land any person or property connected with the offence.

4

An order under subsection (1) above shall operate to deprive the offender of his rights , if any, in the vehicle to which it relates, and the vehicle shall (if not already in their possession) be taken into the possession of the police.

5

Where any vehicle has been forfeited under subsection (1) above, a magistrates’ court may, on application by a claimant of the vehicle, other than the offender from whom it was forfeited under subsection (1) above, make an order for delivery of the vehicle to the applicant if it appears to the court that he is the owner of the vehicle.

6

No application shall be made under subsection (5) above by any claimant of the vehicle after the expiration of six months from the date on which an order in respect of the vehicle was made under subsection (1) above.

7

No such application shall succeed unless the claimant satisfies the court either that he had not consented to the offender having possession of the vehicle or that he did not know, and had no reason to suspect, that the vehicle was likely to be used for a purpose mentioned in subsection (1) above.

8

An order under subsection (5) above shall not affect the right of any person to take, within the period of six months from the date of an order under subsection (5) above, proceedings for the recovery of the vehicle from the person in possession of it in pursuance of the order, but on the expiration of that period the right shall cease.

9

The Secretary of State may make regulations for the disposal of vehicles, and for the application of the proceeds of sale of vehicles, forfeited under subsection (1) above where no application by a claimant of the property under subsection (5) above has been made within the period specified in subsection (6) above or no such application has succeeded.

10

The regulations may also provide for the investment of money and the audit of accounts.

11

The power to make regulations under subsection (9) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

12

In this section, “relevant time”, in relation to a person convicted of an offence such as is mentioned in subsection (1) above, means the time when the vehicle was used for the purpose of committing or facilitating the commission of the offence, or the time of the issue of a summons in respect of the offence.

6A

For the purposes of this section, where it is alleged or there is an accusation that an offence of incitement to rape or conspiracy to rape has been committed, the person who is alleged to have been the intended victim of the rape shall be regarded as the alleged victim of the incitement or conspiracy or, in the case of an accusation, as the complainant.

3A

A fine imposed under subsection (3) above shall be deemed, for the purposes of any enactment, to be a sum adjudged to be paid by a conviction.

aa

a judge, in deciding whether to grant an application made by the accused under—

i

section 6 of the Criminal Justice Act 1987 (application for dismissal of charge of serious fraud in respect of which notice of transfer has been given under section 4 of that Act); or

ii

paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (application for dismissal of charge of violent or sexual offence involving child in respect of which notice of transfer has been given under section 53 of that Act); and

d

paragraph 2(1)(a) of Schedule 6 to the Criminal Justice Act 1991 (custody after transfer order in certain cases involving children).

iv

on the hearing of an application under paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (applications for dismissal of charges in certain cases involving children transferred from magistrates’ court to Crown Court); or

2A

A child’s evidence shall be received unless it appears to the court that the child is incapable of giving intelligible testimony.

aa

an offence under section 90(1) of the Criminal Justice Act 1991 (assaulting a prisoner custody officer);

ab

an offence under section 13(1) of the Criminal Justice and Public Order Act 1994 (assaulting a secure training centre custody officer)

9A

Where the court has sentenced the defendant under subsection (7) above during the specified period it may, after the end of that period, vary the sentence by imposing a fine or making any such order as is mentioned in section 72(5)(b) or (c) above so long as it does so within a period corresponding to that allowed by section 47(2) or (3) of the Supreme Court Act 1981 (time allowed for varying a sentence) but beginning with the end of the specified period.

10

Where a sample of hair other than pubic hair is to be taken the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary (in point of quantity or quality) for the purpose of enabling information to be produced by means of analysis used or to be used in relation to the sample.

4A

A court shall not make a curfew order unless the court has been notified by the Secretary of State that arrangements for monitoring the offender’s whereabouts are available in the area in which the place proposed to be specified in the order is situated and the notice has not been withdrawn.

20A False statements as to financial circumstances.

1

A person who is charged with an offence who, in furnishing a statement of his financial circumstances in response to an official request—

a

makes a statement which he knows to be false in a material particular;

b

recklessly furnishes a statement which is false in a material particular; or

c

knowingly fails to disclose any material fact,

shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both.

2

For the purposes of this section an official request is a request which—

a

is made by the clerk of the magistrates’ court or the appropriate officer of the Crown Court, as the case may be; and

b

is expressed to be made for informing the court, in the event of his being convicted, of his financial circumstances for the purpose of determining the amount of any fine the court may impose.

3

Proceedings in respect of an offence under this section may, notwithstanding anything in section 127(1) of the 1980 Act (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months from its first discovery by the prosecutor, whichever period expires the earlier.

Where the court has passed on the relevant minor a community sentence (within the meaning of section 6 above) it may include in the recognisance a provision that the minor’s parent or guardian ensure that the minor complies with the requirements of that sentence.

c

a court would impose a fine on a child or young person under section 4(3) of the Criminal Justice and Public Order Act 1994 (breach of requirements of supervision under secure training order),

4

This section also applies to a constable who is a member of a police force maintained in Scotland or Northern Ireland when he is executing a warrant or otherwise acting in England or Wales by virtue of any enactment conferring powers on him in England and Wales.

c

to secure training orders under section 1 of the Criminal Justice and Public Order Act 1994;

3

This section also applies to a constable who is a member of a police force maintained in England and Wales or in Northern Ireland when he is executing a warrant or otherwise acting in Scotland by virtue of any enactment conferring powers on him in Scotland.

4

This section also applies to a constable who is a member of a police force maintained in England and Wales or Scotland when he is executing a warrant or otherwise acting in Northern Ireland by virtue of any statutory provision conferring powers on him in Northern Ireland.

; or

e

knowing that he is not qualified for jury service by reason of section 40 of the Criminal Justice and Public Order Act 1994, serves on a jury,

Custody officers within the meaning of Part I of the Criminal Justice and Public Order Act 1994

d

a secure training order under section 1 of the Criminal Justice and Public Order Act 1994;

8

This section is subject to section 25 of the Criminal Justice and Public Order Act 1994 (exclusion of bail in cases of homicide and rape).

oo

prisoner custody officers within the meaning of section 114(1) of the Criminal Justice and Public Order Act 1994;

e

make a secure training order,

7A

Subsections (1) and (4) above shall apply in relation to secure training centres and persons detained in such centres as they apply, by virtue of section 43(5) of the Prison Act 1952, to young offenders institutions and to persons detained in such institutions.

7

Buggery with a person under the age of 16.

SCHEDULE 5 The Parole Board: Supplementary Provisions

Status and capacity

1

1

The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.

2

It shall be within the capacity of the Board as a statutory corporation to do such things and enter into such transactions as are incidental to or conducive to the discharge of its functions under Part II of this Act.

Membership

2

1

The Board shall consist of a chairman and not less than four other members appointed by the Secretary of State.

2

The Board shall include among its members—

a

a person who holds or has held judicial office;

b

a registered medical practitioner who is a psychiatrist;

c

a person appearing to the Secretary of State to have knowledge and experience of the supervision or after-care of discharged prisoners; and

d

a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders.

3

A member of the Board—

a

shall hold and vacate office in accordance with the terms of his appointment;

b

may resign his office by notice in writing addressed to the Secretary of State;

and a person who ceases to hold office as a member of the Board shall be eligible for re-appointment.

Payments to members

3

1

The Board may pay to each member such remuneration and allowances as the Secretary of State may determine.

2

The Board may pay or make provision for paying to or in respect of any member such sums by way of pension, allowances or gratuities as the Secretary of State may determine.

3

If a person ceases to be a member otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances that make it right that he should receive compensation, the Secretary of State may direct the Board to make to that person a payment of such amount as the Secretary of State may determine.

4

A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.

Proceedings

4

1

Subject to the provisions of section 32(5) of this Act, the arrangements relating to meetings of the Board shall be such as the Board may determine.

2

The arrangements may provide for the discharge, under the general direction of the Board, of any of the Board’s functions by a committee or by one or more of the members or employees of the Board.

3

The validity of the proceedings of the Board shall not be affected by any vacancy among the members or by any defect in the appointment of a member.

Staff

5

1

The Board may appoint such number of employees as it may determine.

2

The remuneration and other conditions of service of the persons appointed under this paragraph shall be determined by the Board.

3

Any determination under sub-paragraph (1) or (2) shall require the approval of the Secretary of State given with the consent of the Treasury.

4

The Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Board.

6

1

Employment with the Board shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) at the end of the list of Other Bodies there shall be inserted— “Parole Board.”.

2

The Board shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

Financial provisions

7

1

The Secretary of State shall pay to the Board—

a

any expenses incurred or to be incurred by the Board by virtue of paragraph 3 or 5; and

b

with the consent of the Treasury, such sums as he thinks fit for enabling the Board to meet other expenses.

2

Any sums required by the Secretary of State for making payments under sub-paragraph (1) shall be paid out of money provided by Parliament.

Authentication of Board’s seal

8

The application of the seal of the Board shall be authenticated by the signature of the Chairman or some other person authorised for the purpose.

Presumption of authenticity of documents issued by Board

9

Any document purporting to be an instrument issued by the Board and to be duly executed under the seal of the Board or to be signed on behalf of the Board shall be received in evidence and shall be deemed to be such an instrument unless the contrary is shown.

Accounts and audit

10

1

It shall be the duty of the Board—

a

to keep proper accounts and proper records in relation to the accounts;

b

to prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and

c

to send copies of each such statement to the Secretary of State and the Comptroller and Auditor General not later than 31st August next following the end of the financial year to which the statement relates.

2

The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the Board and shall lay a copy of every such statement and of his report before each House of Parliament.

3

In this paragraph, “financial year” means the period beginning with the date on which the Board is incorporated and ending with the next following 31st March, and each successive period of twelve months.

Reports

11

The Board shall as soon as practicable after the end of each financial year make to the Secretary of State a report on the performance of its functions during the year; and the Secretary of State shall lay a copy of the report before Parliament.