(1) Section 24A of the Criminal Justice Act 2003 (arrest for failure to comply with conditions attached to conditional caution) is amended as follows.
(2) In subsection (2) for paragraphs (b) and (c) substitute—
“(b) released without charge and without bail (with or without any variation in the conditions attached to the caution) unless paragraph (c)(i) and (ii) applies, or
(c) released without charge and on bail if—
(i) the release is to enable a decision to be made as to whether the person should be charged with the offence, and
(ii) the pre-conditions for bail are satisfied.”
(3) In subsections (3)(a) and (4) for “subsection (2)(b)” substitute “subsection (2)(c)”.
(4) After subsection (8) insert—
(8A) In subsection (2) the reference to the pre-conditions for bail is to be read in accordance with section 50A of the 1984 Act.”—
This new clause changes the provisions in the Criminal Justice Act 2003 relating to persons who are arrested because they are believed to have failed to comply with conditions attached to a conditional caution. To reflect the changes made in the Bill, those persons will be released without bail (rather than on bail) unless pre-conditions are met.