Schedule 2 - Charging or release of persons in police detention

Criminal Justice Bill – in a Public Bill Committee am 11:15 am ar 9 Ionawr 2003.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Amendments made: No.154, in

schedule 2, page 154, line 11, leave out 'but on bail' and insert

'and on bail for the purpose of enabling the Director of Public Prosecutions to make a decision under section 37B below'.

No. 155, in

schedule 2, page 154, line 11, at end insert—

'(b) shall be released without charge and on bail but not for that purpose,'.

No. 156, in

schedule 2, page 154, line 12, leave out '(b)' and insert '(c)'.

No. 157, in

schedule 2, page 154, line 13, leave out '(c)' and insert '(d)'

No. 158, in

schedule 2, page 154, line 15, after '(7A)' insert—

'The decision as to how a person is to be dealt with under subsection (7) above shall be that of the custody officer.

(7B)'.

No. 159, in

schedule 2, page 154, line 17, leave out 'the decisions mentioned in' and insert 'a decision under'.

No. 160, in

schedule 2, page 154, line 18, at end insert—

'(4) In subsection (8)(a) after ''(7)(b)'' there is inserted ''or (c)''.'.

No. 161, in

schedule 2, page 154, line 21, leave out from 'guidance' to end of line 23 and insert—

'(a) for the purpose of enabling custody officers to decide how persons should be dealt with under section 37(7) above or 37C(2) below, and

(b) as to the information to be sent to the Director of Public Prosecutions under section 37B(1) below.'.

No. 162, in

schedule 2, page 154, line 27, leave out

'determining what action to take'

and insert

'deciding how persons should be dealt with'.

No. 163, in

schedule 2, page 154, line 27, at end insert 'or 37C(2) below'.

No. 164, in

schedule 2, page 155, line 5, leave out from 'may' to end of line 6 and insert

'be specified in guidance under section 37A above'.

No. 165, in

schedule 2, page 155, line 33, leave out subsection (8).

No. 166, in

schedule 2, page 156, line 4, at end insert

'in respect of that bail'.

No. 167, in

schedule 2, page 156, line 10, leave out from 'charged' to 'or' in line 11.

No. 168, in

Schedule 2, page 156, line 14, leave out subsections (3) to (5) and insert—

'(3) The decision as to how a person is to be dealt with under subsection (2) above shall be that of a custody officer.'.

No. 169, in

schedule 2, page 156, line 36, after 'may' insert 'subsequently'.

No. 170, in

schedule 2, page 156, line 41, leave out subsection (3).

No. 171, in

schedule 2, page 157, line 4, leave out 'the' and insert 'a'.

No. 172, in

schedule 2, page 157, line 4, leave out from 'is' to 'he' in line 6 and insert

'otherwise in police detention at a police station'.

No. 173, in

schedule 2, page 157, line 11, at end insert—

'(7) Where a person is kept in police detention by virtue of subsection (5) or (6) above, section 37(1) to (3) and (7) above (and section 40(8) below so far as it relates to section 37(1) to (3)) shall not apply to the offence in connection with which he was released on bail under section 37(7)(a) or 37C(2)(b) above.'

No. 174, in

schedule 2, page 157, line 11, at end insert—

'3A In section 40 (review of police detention) in subsection (9) after ''37(9)'' there is inserted ''or 37D(6) above''.'

No. 175, in

schedule 2, page 157, line 24, after ' ''section'' ' insert

', in the first place where it occurs,'.

No. 176, in

schedule 2, page 157, line 29, leave out '(1G)' and insert '(1F)'.

No. 177, in

schedule 2, page 157, line 32, leave out from 'make' to 'an' in line 33.—[Ms Harman.]

Schedule 2, as amended, agreed to.

Clause 24 ordered to stand part of the Bill.