Justice Bill
Clause 5: Police bail after arrest
Clause 5 amends Article 48 of PACE NI to add a consideration of the public order threat from arrested offenders and places a duty on a custody officer to consider the following for juveniles who have been arrested:
- the nature and seriousness of the offence;
- the character, antecedents, associations and community ties of the juvenile;
- the juvenile’s record as respects the fulfilment of the juvenile’s obligations under previous grants of bail;
- strength of evidence;
- age, maturity and needs; and
- the capacity of the juvenile to understand the charge and conditions of bail.
Clause 5
Police bail after arrest
5.—(1) Article 48 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (bail after arrest) is amended in accordance with subsections (2) to (4).
(2) In paragraph (3D)—
(a) omit the “and” at the end of sub-paragraph (b), and
(b) at the end of sub-paragraph (c) insert “; and
(d) he does not cause a serious threat to public order.”.
(3) In paragraph (3F)— (a) in the words before sub-paragraph (a) omit “preventing that person from”,
(b) at the start of each of sub-paragraphs (a), (b) and (c) insert “preventing that person from”,
(c) omit the “or” at the end of sub-paragraph (b), and
(d) at the end of sub-paragraph (c) insert “; or
(d) preventing that person’s release from causing a serious threat to public order.”.
(4) After paragraph (3H) insert—
“(3I) Article 48ZA contains further provision concerning the application of this Article to arrested juveniles.”.
(5) After that Article insert—
“Bail after arrest: juveniles
48ZA.—(1) This Article applies where a custody officer—
(a) grants bail to an arrested juvenile, or
(b) varies the conditions of bail of an arrested juvenile under Article 48(3E).
(2) In deciding whether to impose a condition of bail a custody officer must have regard to any considerations which appear to the officer to be relevant including—
- (a) the nature and seriousness of the offence,
- (b) the character, antecedents, associations and community ties of the juvenile,
- (c) the juvenile’s record as respects the fulfilment of the juvenile’s obligations under previous grants of bail,
- (d) the strength of the evidence of the juvenile’s having committed the offence,
- (e) the juvenile’s age, maturity and needs, and
- (f) the juvenile’s capacity to understand and comply with any condition of bail.
(3) A condition of bail must be no more onerous than is necessary for the purpose for which it is imposed.”.