Hello on. Welcome to this 20 minute bite sized webinar On behalf of data at all. My name is calling. They want we really got 20 minutes so we can't do the entirety of the piecing and crime at 2017. But I have done a dozen bullet points on We'll just go through those. So let's go to slide number one. Bullet points one into the act. Received Royal assent on the 31st of January 2000 and 17. And if being brought into force on a piecemeal basis by way off statutory instruments, there are nine parts to the act, plus annexes a through decay. Fortunately, a good deal of the act well, no really affect you as a criminal practitioner with your legal adviser or defense lawyer or prosecutor, because a lot of the act is really only relevant for the police themselves. Now do always check that if there's going to be any reliance upon a section of the act that that particular section is in force because no, all of the act is in force. The way to check, of course, is to go onto legislation dr dot UK get hold of the very latest statutory instrument concerning the act you will find hopefully, at the end of that statutory instrument a very useful chef angel. Give me new the dates upon which all of the previous sections of the act were brought into force on the particular static re instrument which brought that section inter force. So if you're going to do long problem, they let that be your starting point. So they were reading the legislation and reading the section in quote in the section in court. Your first sort would must pay. Is it in both? Now let's look apart for shall way, which of course is hugely relevant If you're involved in Criminal North, it deals with amendments to police powers, all covered in sections 52 to 69 of the act. This part of the act came into force on the third of evil 2000 and 17 and we know no way that there's now a presumption off release without bail, with bail only being imposed if it's considered to be both necessary and proportional. If I were a peace officer, I would only really consider it to be necessary and proportionate if I wanted to impose some fairly strict pre charge bail conditions and I don't know what statistics are, but I suspect that there are a few people on pre charge bail with fairly strict conditions. But I suspect there greatly fewer in number than they were before the implementation, in part for the act on the third of April 2000 and 17. I think I'm liking saying if I'm talking to colleagues that the vast majority of people now seem to be released from the police, are you? I released under investigation, not on bail and therefore not really subject to any conditions. Now I suppose there were rows and columns of that. But the made pro, of course, is it. There are no conditions which need to be complied with during the a German period. The downside of calls is the decline may be very anxious and may want to know when it's all going to come to an end. What I'm afraid if they've been released under investigation, no one really knows when it's going to come to an end. It's completely open ended, and I suspect that if they've seized his or her laptop or mobile phone or whatever, He's in a queue cheese in a queue, waiting for that piece of kit to be analyzed. And who knows how long that could take? Could be full buns. Could be 18 months quite worrying, Really, if you can't do your job without those pieces of kids equally worrying if course your employees have put you on garden leave pending the outcome of the criminal proceedings that were brought engaged, you points to the in. Fort number three arrested you being arrested under section 24 base. It's a recordable offense. Section 61 63 of Pace allows for fingerprints and DNA. A to be taken without your consent. No consent is required. Well, what if you're now released without they, uh and what is? At some point, you receive a written charge in the post a little bit position to attain call. Oh, you receive a written charge and the single justice notice to attend court or gotta, for the matter to be dealt with in your absence. Could the policing bite you back into the police station in order to take your fingerprints on the D A sample? I'm assuming now that they didn't take these things from view on your visit to the police station, I think it's fair to say that if you are are you wide? The chances are they won't have taken these things from view on the more so if you arrived at the police station as a volunteer, not even under arrest, do please familiarize yourselves with scheduled to a of pace, you will find that if a rich in charge is produced by the police on the requisition to attend, your local magistrate called. That opens a window of six months within which you may be invited back to the police station in order for your DNA and fingerprints to be taken. This is all pre conviction. This is simply because you being given a written charge on the requisition to attend your local magistrate call. If you don't attain voluntarily, of course, you may find yourself arrest erred without won't take to the police station where these items may be taken from you by force if necessary. Seed paste Section 117 Obviously, once these bits and bobs have been taken from you, there will be a speculative search of unsolved crimes on the database to see whether or not your match they will also be put on the database of offender profiles. I believe in the moment there's some seven million profiles on the database changing to A Also says that. Of course, if you accept a caution or if you're convicted of the offence, that opens up a window within which the peace can have your fingerprints and DNA on that window last not for six months, but for two years scheduled to A Also says this. If you're the police station and the officer says you will now be reported for consideration of a prosecution being brought against you if the officer used a Seau's words that alot triggers the powers of police under shake You to A to take the times, fingerprints and D N n. I wonder how many peace officers know that? Because it is invariably the case that people are released from the police station without their fingerprints and DNA having been taken and they could be taken if the officer takes the view that although you're being released, are you why you will be reported for consideration of a prosecution being brought engaged to, in other words, these matters will go to on officer of more senior rank, usually an inspector who will decide whether or no a charge or to be preferred against you, even if it's a bit in charge sent you in the post. Playing for Section 63 of the end gave us new 47 said A to 47 said M of Pace. These sections give us a new regime and imposed time limits in relation to pre charge bail, and these sections create the concept of the applicable dale period. A B P I thinkable Bell Period, 47 said Be instructs, is that it's three months for serious food off these cases. 0 28 days initially inborn. Other cases that don't involve serious for So from the moment your client is given pre charge Bayer, Let's assume he's arrested today. Let's assume he's given pre charge bail. The initial period is 28 days. That's what be act, says 0.5 Section 47 said See sets out the four conditions that a senior officer or prosecutor must consider when deciding whether or not to extend this bail period beyond 28 days. Extensions are permissible as a result, off 47 said D or 47 said E Magistrates may also extend the applicable three charge bail position under Section 47 said F I'm 47 se GI under 47 said D. A superintendent may extend beyond 28 days up to a noble maximum of three months. Don't get me wrong. That's not a further three months. In addition to the 28 day, that's the 28 day period being extended up to a maximum of three months, representation must be invited. In other words, the secret Edlund should contact you as the defense lawyer involved in the case and seek your representation as to whether or not the baby should be extended up to three months. I hope this is happening. I hope he is, even if you'll simply having conversations with superintendent over the fate before he or she makes their decision about whether or not to extend in much the same. Where you know that representation is need to be invited from you, don't they by the sea? Pretended, if he or she is, is making a decision to extend your planes. Pre charge detention beyond 24 hours up to 36 Apples 47 said e. Exceptionally complex case serves not defined in the act itself, but a senior prosecutor tasked with deciding whether well, no, this is an exceptionally complex case, whether he or she has been tasked by DPP or cast by the Serious Fraud Office in consultation with an officer no below the rank of assistant chief constable. That extension can be up to a maximum of six months rather than three months on a gay representation must be invited. I wouldn't have thought is goingto happen. Very offer. So in the vast majority of instances, if there's to be an extension at all, that extension is from 28 days upto a maximum or three months, and it may be no. The officer in the case decides that he or she isn't even going to bother to apply to the secret intended to extend up to three months at the 28 day period. It may be that you find your client has been taken off, preach I've Bayer and simply are You are seven and eight 47 said Ass magistrate call may extend beyond three months all beyond six months on May extend by a further three months, all by a further six months. If investigations are likely to take longer in three months. Further extensions thereafter in the Magistrates called, are permissible as a result of 47 said G 47 said Page. What you need allows centralise or the prosecutor to apply to the court, withhold certain information from the person on Pale, Andi, their legal representatives after Khiry. If, of course, if there are concerns about interference with evidence, a person coming to harm another suspect escaping arrest or influence of the recovery about standing property 0.9 47 said I a single magistrate on written evidence unless Magistrates decide interests of justice require on oil hearing. In other words, the vast majority of these extensions at the three month state huge are not going to be dealt with in open call by way of an oil hearing involving a minimum of two magistrate, they're going to be decided by a single Magistrates on Britain habits. So in practice you won't be appearing that you might well be making written representation as to why your kinds pre charge bail should not be extended beyond the three months, probably a good idea, really, That there isn't going to be on all in hearing I'm I'm reliably informed that no all Magistrates congee well within cases, you might find the battle. All hearing were to take place. It would be taking place into magistrate call quite a long way away from your particular area. There are also costs considerations as well. And there are hourly rates for attending these or in hearings. They're not particularly brilliant. They are set out for you in a statutory instrument. 313 of 2000 and 60 Don't be compute. They are the same hourly rates as we are. Pay for attending court on an application for variation of pre charge that your condition If the court does sit and it would be a very currents, I would've thought that cool to sit. The court will not be a printable public. It's analogous to the consideration of a warrant of further detention pre charge. And that's an important point to very mind, isn't it? This is all happening. Three. Charge 10. The personal legal representative may be excluded for many parts of the oil. Hear me? We're sensitive. Information might be disclaims. Well, I hope. Uh, that doesn't happen very often. You never. The act is not engaged at all. If the matter is simply put off for the CPS to reach a charging decision, there is no applicable bail period. Walsten Prosecution have consideration of the fire. So imagine this is a 28 8 oclock. It has been 20 days stage of this applicable bail period. The fire is given by PC Green to the CPS. The applicable bail period stops whilst the CPS half the fire. How long have the CPS going to keep the file? We don't know. Do wait, but there's no applicable bail period. While stay half the file, they may have it another good day. Say may have any number of weeks if they give the file back to B. C. Green that becomes sent Day 21 of this unthinkable Bail Canyon. It means in reality, you're going to be really clueless as to how many days have the lance on this applicable bail period because you're not going to know at any given point in time who's got the vile? How many days have elapsed and don't get me wrong. Your client is still subject to those three charge bail conditions. Even though the CBS happened filed on, there's no applicable bail period attaching to the period. What's the CPS? Happy if I I don't know how you're going to wait until you build the matter. That was, Are you? I'd on your contract says. Does he know that if you're not sure whether or not there's any further word that needs to be done on the file, the matter could be build when one month has elapsed and finally 0.12 just a few new things introduced by the act a person must be told in writing if a decision is made not to prosecute, we've got a new event of breaching pre charge bail conditions. But don't worry about it. It's only relation people build under Section 41 of the counterterrorism at 2000 and eight. It's an either way. Offence. Would you believe carrying 12 months? Only Section 70 permits intention of fingerprints by metal material for people convicted of events is outside of the UK, assuming that the offence would have bean a recordable offense it committed in the UK Well, there you are. I think we've probably come to the end, there will be 20 minutes. So thank you for them staying with me, listening to me and watching this particular webinar. Um, I do hope that it's giving you a few pointers as to how palm four of the act of actually works. Thank you.
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