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
”
.