Part 2: Prevention, investigation and prosecution of crime Chapter 4: Other provisions Section 45 and Schedule 4: Pre-charge bail Part 3 of Schedule 4: duty to seek views
Part 3 provides further protection to alleged victims of an offence by conferring a duty on persons in charge of the investigation of an offence to seek an alleged victim’s views (or those of their representative in a case of a vulnerable alleged victim) where reasonably practicable to do so regarding the imposition and variation of a suspect’s bail conditions and the nature of those conditions. When such conditions have been imposed or varied, a separate duty is conferred on those persons to notify the alleged victim of those conditions/that variation. Paragraph 19 amends section 3A of the Bail Act 1976 by signposting the duty to notify alleged victims where bail has been granted, or conditions imposed on bail varied, under Part 4 of PACE.
	Paragraph 21 of Schedule 4 amends section 30CA of PACE to establish a duty to seek views of alleged victims where a person is released on "street bail" under section 30A of PACE. Where a person has requested that a relevant officer vary their pre-charge bail conditions under section 30CA, these provisions insert a new subsection (4A), which requires a person in charge of the investigation of an offence (the "investigating officer") , if it is reasonably practicable to do so, to seek the views of the alleged victim of the relevant offence (defined in new section 30CA(5) of PACE) on whether any of a person’s relevant bail conditions should be varied and, if so, what that variation should comprise of. The fact that this duty must be adhered to where reasonably practicable aims to provide investigating officers with operational flexibility, helping to mitigate the risks of the duty impacting significantly on the time taken to release a suspect on bail. "Relevant conditions", under new section 30CA(5) is limited to conditions relating to the safeguarding of the alleged victim, to help ensure that this duty is proportionate and that victims’ views are sought only in relation to conditions relevant to their particular safeguarding needs. New section 30CA(4B) confers a separate duty on an investigating officer to inform the relevant officer, defined in new section 30CA(5), of any views obtained, ensuring that any information provided by the alleged victim is fed back to the officer with the power to vary. Under new section 30CA(4C), if the conditions are varied, the investigating officer must notify the alleged victim of that variation, again where reasonably practicable to do so. New section 30CA(4D) sets out how the person in charge of the investigation should discharge this notification duty where the alleged victim is a vulnerable person. New section 30CA(6) defines the term "alleged victim". New section 30CA(7) sets out the circumstances in which an alleged victim may be considered vulnerable.
	Paragraph 22 inserts new section 47ZZA into PACE. As set out in new section 47ZZA(2) this imposes a duty to, where reasonably practicable, seek views from alleged victims on whether relevant conditions should be imposed on the release of a person on pre-charge bail under Part 4 of PACE (except under sections 37C(2)(b)) and, if so, the nature of those conditions. A duty is not imposed on the investigating officer to seek views as to whether to release a suspect on bail as the constable/custody officer where relevant is required to consider the full range of circumstances in determining whether the pre-conditions for bail are met, not just the views of an alleged victim. Under new section 47ZZA(1), this duty will apply where a person has been arrested for an offence and a custody officer proposes to release the person on bail. Release on bail under section 37C(2)(b) or section 37CA(2)(b) of PACE is not subject to this duty, given that release on bail under these provisions must be with the same conditions as those originally imposed. There is therefore no need to notify the alleged victim of these conditions again.
	Under new section 47ZZA(3), the definition of "relevant condition" mirrors that under the new section 30CA(5) and is included for the same safeguarding reasons as under that provision. Under new section 47ZZA(4) , as with the amendments to section 30CA, a duty is imposed on the investigating officer to inform the custody officer, being the person with power to release a person on bail, of any views obtained from the alleged victim. Under new section 47ZZA(5), where the individual is released on conditional bail, the investigating officer must inform the alleged victim of these conditions, where reasonably practicable. New section 47ZZA(6) sets out how this duty may be discharged where the alleged victim is a vulnerable person.
	New sections 47ZZA(7) to (10) impose an equivalent duty on the investigating officer where a person requests to vary their bail conditions under section 3A(8) of the Bail Act 1976. New section 47ZZA(8) requires the investigating officer to, where reasonably practicable, seek the views of the alleged victim in the same way as under section 30CA, that is regarding whether any of the relevant conditions should be varied and, if so, what variations should be made. Under new section 47ZZA(9), the investigating officer must inform the custody officer of any views obtained. Under new section 47ZZA(10), where the conditions have been varied, the investigating officer must notify the alleged victim of that variation, where reasonably practicable. New section 47ZZA(11) sets out how the person in charge of the investigation should discharge this notification duty where the alleged victim is a vulnerable person. New section 47ZZA(12) defines the "investigating officer". New section 47ZZA(13) defines the term "alleged victim". New section 47ZZA(14) sets out the circumstances in which an alleged victim may be considered vulnerable.
	Paragraph 23 makes consequential amendment to section 24B of the CJA 2003 which deals with the application of PACE provisions to arrest for failure to comply with conditions of a conditional caution under section 24A of the CJA 2003. Currently, section 30CA of PACE applies to a person arrested under section 24A; this amendment ensures that the new duty to seek the views of the alleged victim will not apply to an arrest under section 24A.