HC Deb 26 April 1967 vol 745 cc1624-6

(1) A constable may arrest without warrant any person who has been granted bail—

  1. (a) if the constable has reasonable grounds for believing that that person is likely to break the condition that he will appear at the time and place required or any other condition on which bail was granted, or has reasonable cause to suspect that that person 1625 is breaking or has broken any such other condition; or
  2. (b) on being notified in writing by any surety for that person that the surety believes that that person is likely to break the first-mentioned condition and for that reason the surety wishes to be relieved of his obligations as a surety.

(2) A person arrested under the foregoing subsection—

  1. (a) shall, except where he was so arrested within the period of twelty-four hours immediately preceding an occasion on which he is required by virtue of a condition of his bail to appear before any court, be brought as soon as practicable and in any event within twenty-four hours after his arrest before a justice of the peace acting for the petty sessions area in which he was arrested; and
  2. (b) in the said excepted case shall be brought before the court before which he is required to appear as aforesaid.

(3) A justice of the peace before whom a person is brought under the last foregoing subsection may, if of the opinion that that person has broken or is likely to break any condition on which bail was granted, remand him in custody or commit him to custody, as the case may require, or alternatively release him on his original recognizance or on a new recognizance with or without sureties, and if not of that opinion shall release him on his original recognizance.—[Mr. Taverne.]

Brought up, and read the First time.

Mr. Taverne

I beg to move, That the Clause be read a Second time.

This new Clause gives effect to another undertaking arising out of an Amendment moved by hon. Gentlemen opposite. Perhaps I should have said when moving the last new Clause that we are grateful to hon. Gentlemen opposite, and to some of my hon. Friends, for having moved Amendments—and we are equally grateful to the committee of "Justice", which has done an extremely good job—because the efforts of all concerned have materially improved the Bill.

The Clause is concerned to give the police power to arrest persons on bail without warrant in certain circumstances. The present position is rather curious in that there is no power for the police, of their own motion, to rearrest a person who has been granted bail. A person on bail with sureties can be delivered by the police back into the custody of the court if the sureties are afraid that that person will break bail, and the police may in such circumstances assist the sureties.

If the accused commits an offence, such as the intimidation of witnesses, he can be dealt with for that offence, but if there are no sureties, and no such offence has been committed, the police have no power to bring the accused back to court if he is about to abscond, let alone if they merely apprehend a breach. The Clause may, therefore, make the police much less reluctant to agree to bail in certain circumstances. Subsection (1) defines the circumstances in which a constable may arrest without warrant a person granted bail. Subsection (2) deals with the disposal of a person arrested without warrant under this power. Subsection (3) deals with the power of the justice before whom an arrested defendant is brought. The subsections are quite clear and, I hope, will have the support of the House.

Mr. Grieve

Once again, I thank the Government for having implemented an undertaking which they gave in Committee. This Clause perhaps follows very closely the recommendations of "Justice". It is designed, first to facilitate the granting of bail, and, secondly, for the protection of the public in cases where it may appear to the police that those on bail are likely to abscond or commit further offences. In that spirit, I give the Clause my entire and complete welcome.

Question put and agreed to.

Clause read a Second time and added to the Bill.