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Arrest And Charge

Volume 405: debated on Monday 19 May 2003

The text on this page has been created from Hansard archive content, it may contain typographical errors.

Amendments made: No. 382, in page 48, line 35, leave out subsections (1) and (2) and insert—

'(1) Where section 73 applies to the investigation of the commission of an offence by any person and no certification has been given under subsection (2) of that section—
  • (a) a justice of the peace may issue a warrant to arrest that person for that offence only if satisfied by written information that new evidence has been obtained which would be relevant to an application under section 64(1) or (2) in respect of the commission by that person of that offence, and
  • (b) that person may not be arrested for that offence except under a warrant so issued.
  • (2) Subsection (1) does not affect section 77(3)(b) or (Revocation of bail)(3), or any other power to arrest a person, or to issue a warrant for the arrest of a person, otherwise than for an offence.
    (2A) Part 4 of the 1984 Act (detention) applies as follows where a person—
  • (a) is arrested for an offence under a warrant issued in accordance with subsection (1)(a), or
  • (b) having been so arrested, is subsequently treated under section 34(7) of that Act as arrested for that offence.'
  • No. 383, in page 49, line 1, leave out from first 'of' to "there' in line 2 and insert 'that Part'.

    No. 384, in page 49, line 4, after 'above' insert

    "(who has not been directly involved in the investigation)'.

    No. 385, in page 49, line 15 at end insert—

    (5) Section 37 of that Act (including any provision of that section as applied by section 40(8) of that Act) has effect subject to the following modifications—
  • (a) in subsection (1)—
  • (i) for "determine whether he has before him" there is substituted "request an officer of the rank of superintendent or above (who has not been directly involved in the investigation) to determine, in accordance with section 75(3) of the Criminal Justice Act 2003, whether there is";
  • (ii) for "him to do so" there is substituted "that determination to be made";
  • (b) in subsection (2)—
  • (i) for the words from "custody officer determines" to "before him" there is substituted "officer determines that there is not such sufficient evidence";
  • (ii) the word "custody" is omitted from the second place where it occurs;
  • (c) in subsection (3)—
  • (i) the word "custody" is omitted;
  • (ii) after "may" there is inserted "direct the custody officer to";
  • (d) in subsection (7) for the words from "the custody officer" to the end of that subsection there is substituted "an officer of the rank of superintendent or above (who has not been directly involved in the investigation) determines, in accordance with section 75(3) of the Criminal Justice Act 2003, that there is sufficient evidence to charge the person arrested with the offence for which he was arrested, the person arrested shall be charged.";
  • (e) subsections (7A), (7B) and (8) do not apply;
  • (f) after subsection (10) there is inserted—
  • "(10A) The officer who is requested by the custody officer to make a determination under subsection (1) above shall make that determination as soon as practicable after the request is made.".
    (6) Section 40 of that Act has effect as if in subsections (8) and (9) of that section after "(6)" there were inserted "and (10A)".
    (7) Section 42 of that Act has effect as if in subsection (1) of that section for the words from "who" to "detained" there were substituted "(who has not been directly involved in the investigation)".'.

    [Paul Goggins.]