SCHEDULES

SCHEDULE 1Amendments related to Part 1

The 1984 Act

1

The 1984 Act is amended as follows.

2

In 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.

3

In 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.

4

In 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.

5

In 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.

6

In 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) ”.

7

In 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.

8

In 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;

9

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

10

In 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 ”.