Police Reform Act 2002

1. Introductory Text

2. Part 1 Powers of the Secretary of State

   1. 1. National Policing Plan

   2. 2. Codes of practice for chief officers

   3. 3. Powers to require inspection and report

   4. 4. Directions to police authorities

   5. 5. Directions as to action plans

   6. 6. Regulation of equipment

   7. 7. Regulation of procedures and practices

   8. 8. Equivalent provision for NCIS and NCS

3. Part 2 Complaints and Misconduct

   1. The Independent Police Complaints Commission

      1. 9. The Independent Police Complaints Commission

      2. 10. General functions of the Commission

      3. 11. Reports to the Secretary of State

   2. Application of Part 2

      1. 12. Complaints, matters and persons to which Part 2 applies

   3. Handling of complaints and conduct matters etc.

      1. 13. Handling of complaints and conduct matters etc.

      2. 14. Direction and control matters

   4. Co-operation, assistance and information

      1. 15. General duties of police authorities, chief officers and inspectors

      2. 16. Payment for assistance with investigations

      3. 17. Provision of information to the Commission

      4. 18. Inspections of police premises on behalf of the Commission

      5. 19. Use of investigatory powers by or on behalf of the Commission

      6. 20. Duty to keep the complainant informed

      7. 21. Duty to provide information for other persons

   5. Guidance and regulations

      1. 22. Power of the Commission to issue guidance

      2. 23. Regulations

      3. 24. Consultation on regulations

   6. Conduct of persons in other forms of police service

      1. 25. NCIS and NCS

      2. 26. Forces maintained otherwise than by police authorities

      3. 27. Conduct of the Commission’s staff

   7. Transitional provisions

      1. 28. Transitional arrangements connected with establishing the Commission etc.

   8. Interpretation of Part 2

      1. 29. Interpretation of Part 2

4. Part 3 Removal, suspension and disciplining of police officers

   1. Removal and suspension of senior officers

      1. 30. Resignation in the interests of efficiency and effectiveness

      2. 31. Procedural requirements for removal of senior officers

      3. 32. Suspension of senior officers

      4. 33. Removal etc. of senior officers at the instance of the Secretary of State

      5. 34. Regulations concerning procedure for removal of senior officers

   2. Disciplinary proceedings and protected disclosures

      1. 35. Disciplinary regulations for special constables

      2. 36. Conduct of disciplinary proceedings

      3. 37. Protected disclosures by police officers

5. Part 4 Police powers etc.

   1. Chapter 1 Exercise of police powers etc. by civilians

      1. 38. Police powers for police authority employees

      2. 39. Police powers for contracted-out staff

      3. 40. Community safety accreditation schemes

      4. 41. Accreditation under community safety accreditation schemes

      5. 42. Supplementary provisions relating to designations and accreditations

      6. 43. Railway safety accreditation scheme

      7. 44. Removal of restriction on powers conferred on traffic wardens

      8. 45. Code of practice relating to chief officers' powers under Chapter 1

      9. 46. Offences against designated and accredited persons etc.

      10. 47. Interpretation of Chapter 1

   2. Chapter 2 Provisions modifying and supplementing police powers

      1. Powers of arrest

         1. 48. Offences for which a person may be arrested without a warrant

         2. 49. Power of arrest in relation to failure to stop a vehicle

      2. Power to require name and address

         1. 50. Persons acting in an anti-social manner

      3. Persons in police detention

         1. 51. Independent custody visitors for places of detention

         2. 52. Detention reviews for detained persons who are asleep

         3. 53. Persons suspected of offences connected with transport systems

      4. Blood specimens

         1. 54. Persons authorised to take intimate samples from persons in police detention

         2. 55. Extension of role of health care professionals

         3. 56. Specimens taken from persons incapable of consenting

         4. 57. Use of specimens taken from persons incapable of consenting

         5. 58. Equivalent provision for offences connected with transport systems

      5. Seizure of motor vehicles

         1. 59. Vehicles used in manner causing alarm, distress or annoyance

         2. 60. Retention etc. of vehicles seized under section 59

      6. Anti-social behaviour

         1. 61. Anti-social behaviour orders

         2. 62. Power of Secretary of State to add to relevant authorities

         3. 63. Orders in county court proceedings

         4. 64. Orders on conviction in criminal proceedings

         5. 65. Interim orders

         6. 66. Consultation requirements

      7. Sex offenders

         1. 67. Sex offenders: England and Wales

         2. 68. Interim orders for sex offenders: England and Wales

         3. 69. Sex offender orders made in Scotland or Northern Ireland

         4. 70. Sex offenders: Scotland

         5. 71. Sex offender orders made in England and Wales or Northern Ireland

         6. 72. Sex offenders: Northern Ireland

         7. 73. Interim orders for sex offenders: Northern Ireland

         8. 74. Sex offender orders made in England and Wales or Scotland

      8. The British Transport Police

         1. 75. Removal of truants to designated places

         2. 76. Amendments to Part 3 of the Road Traffic Offenders Act 1988

      9. Property in possession of NCS

         1. 77. Application of the Police (Property) Act 1897 to NCS

6. Part 5 The Ministry of Defence Police

   1. 78. Ministry of Defence police serving with other forces

   2. 79. Disciplinary matters

   3. 80. Functions of inspectors of constabulary

   4. 81. Exemptions from firearms legislation

7. Part 6 Miscellaneous

   1. Appointment and attestation of police officers etc.

      1. 82. Nationality requirements applicable to police officers etc.

      2. 83. Attestation of constables

      3. 84. Delegation of functions in relation to senior appointments

      4. 85. Director General of NCIS

      5. 86. Police members of NCIS

      6. 87. Police members of NCS

      7. 88. Regulations for NCIS

      8. 89. Regulations for NCS

      9. 90. Supplementary provisions about police membership of NCIS

      10. 91. Supplementary provisions about police membership of NCS

   2. Bodies with functions in relation to the police

      1. 92. Police authorities to produce three-year strategy plans

      2. 93. Quorum for the Service Authorities under the 1997 Act

      3. 94. Expenses of members of police authorities etc.

      4. 95. Duties under the Health and Safety at Work etc. Act 1974

      5. 96. President of ACPO

      6. 97. Crime and disorder reduction partnerships

      7. 98. Secretary of State’s functions in relation to strategies

      8. 99. Power to modify functions and structure of PITO

      9. 100. Metropolitan Police Authority housing

      10. 101. Provision of goods and services by police authorities

   3. Liability for unlawful acts of constables etc.

      1. 102. Liability for wrongful acts of constables etc.

   4. International joint investigation teams

      1. 103. Liability in respect of members of teams

      2. 104. Assaults on members of teams

8. Part 7 Supplemental

   1. 105. Powers of Secretary of State to make orders and regulations

   2. 106. General interpretation

   3. 107. Consequential amendments and repeals

   4. 108. Short title, commencement and extent

9. SCHEDULES

   1. SCHEDULE 1

      Powers of the Secretary of State in relation to NCIS and NCS

      1. 1. Introductory

      2. 2. Codes of Practice for Directors General

      3. 3. Directions to Service Authorities

      4. 4. Directions as to action plans

      5. 5. Procedure for giving directions

      6. 6. National Crime Squad equipment

      7. 7. Procedures and practices of the National Crime Squad

   2. SCHEDULE 2

      The Independent Police Complaints Commission

      1. 1. Chairman

      2. 2. Ordinary members of the Commission

      3. 3. Deputy Chairmen

      4. 4. Remuneration, pensions etc. of members

      5. 5. The Chief Executive

      6. 6. Staff

      7. 7. Superannuation and insurance

      8. 8. Liability for acts of seconded staff

      9. 9. Power of Commission to set up regional offices

      10. 10. Proceedings

      11. 11. The validity of any proceedings of the Commission or of...

      12. 12. Authentication of the Commission’s seal

      13. 13. Evidence of documents

      14. 14. Payments by the Secretary of State

      15. 15. Other receipts by the Commission

      16. 16. Borrowing

      17. 17. Accounts

      18. 18. Financial year of the Commission

   3. SCHEDULE 3

      Handling of Complaints and Conduct matters etc.

      1. Part 1 Handling of complaints

         1. 1. Duties to preserve evidence relating to complaints

         2. 2. Initial handling and recording of complaints

         3. 3. Failures to notify or record a complaint

         4. 4. Reference of complaints to the Commission

         5. 5. Duties of Commission on references under paragraph 4

         6. 6. Handling of complaints by the appropriate authority

         7. 7. Dispensation by the Commission from requirements of Schedule

         8. 8. Local resolution of complaints

         9. 9. Appeals relating to local resolution

      2. Part 2 Handling of conduct matters

         1. 10. Conduct matters arising in civil proceedings

         2. 11. Recording etc. of conduct matters in other cases

         3. 12. Duties to preserve evidence relating to conduct matters

         4. 13. Reference of conduct matters to the Commission

         5. 14. Duties of Commission on references under paragraph 13

      3. Part 3 Investigations and subsequent proceedings

         1. 15. Power of the Commission to determine the form of an investigation

         2. 16. Investigations by the appropriate authority on its own behalf

         3. 17. Investigations supervised by the Commission

         4. 18. Investigations managed by the Commission

         5. 19. Investigations by the Commission itself

         6. 20. Restrictions on proceedings pending the conclusion of an investigation

         7. 21. Power of the Commission to discontinue an investigation

         8. 22. Final reports on investigations

         9. 23. Action by the Commission in response to an investigation report

         10. 24. Action by the appropriate authority in response to an investigation report

         11. 25. Appeals to the Commission with respect to an investigation

         12. 26. Reviews and re-investigations following an appeal

         13. 27. Duties with respect to disciplinary proceedings

         14. 28. Information for complainant about disciplinary recommendations

   4. SCHEDULE 4

      Powers exercisable by police civilians

      1. Part 1 Community Support Officers

         1. 1. Powers to issue fixed penalty notices

         2. 2. Power to detain etc.

         3. 3. Power to require name and address of person acting in an anti-social manner

         4. 4. Power to use reasonable force to detain person

         5. 5. Alcohol consumption in designated public places

         6. 6. Confiscation of alcohol

         7. 7. Confiscation of tobacco etc.

         8. 8. Entry to save life or limb or prevent serious damage to property

         9. 9. Seizure of vehicles used to cause alarm etc.

         10. 10. Abandoned vehicles

         11. 11. Power to stop vehicle for testing

         12. 12. Power to control traffic for purposes of escorting a load of exceptional dimensions

         13. 13. Carrying out of road checks

         14. 14. Cordoned areas

         15. 15. Power to stop and search vehicles etc. in authorised areas

      2. Part 2 Investigating Officers

         1. 16. Search warrants

         2. 17. Access to excluded and special procedure material

         3. 18. Entry and search after arrest

         4. 19. General power of seizure

         5. 20. Access and copying in the case of things seized by constables

         6. 21. Arrest at a police station for another offence

         7. 22. Power to transfer persons into custody of investigating officers

         8. 23. Power to require arrested person to account for certain matters

         9. 24. Extended powers of seizure

      3. Part 3 Detention Officers

         1. 25. Attendance at police station for fingerprinting

         2. 26. Non-intimate searches of detained persons

         3. 27. Searches and examinations to ascertain identity

         4. 28. Intimate searches of detained persons

         5. 29. Fingerprinting without consent

         6. 30. Warnings about intimate samples

         7. 31. Non-intimate samples

         8. 32. Attendance at police station for the taking of a sample

         9. 33. Photographing persons in police detention

      4. Part 4 Escort Officers

         1. 34. Power to take an arrested person to a police station

         2. 35. Escort of persons in police detention

      5. Part 5 Interpretation of Schedule

         1. 36. (1) In this Schedule “the relevant police area”—

   5. SCHEDULE 5

      Powers exercisable by accredited persons

      1. 1. Power to issue fixed penalty notices

      2. 2. Power to require giving of name and address

      3. 3. Power to require name and address of person acting in an anti-social manner

      4. 4. Alcohol consumption in designated public places

      5. 5. Confiscation of alcohol

      6. 6. Confiscation of tobacco etc.

      7. 7. Abandoned vehicles

      8. 8. Power to stop vehicle for testing

      9. 9. Power to control traffic for purposes of escorting a load of exceptional dimensions

      10. 10. Meaning of “relevant police area”

   6. SCHEDULE 6

      Specific offences which are arrestable offences

   7. SCHEDULE 7

      Minor and Consequential Amendments

      1. 1. Police (Scotland) Act 1967

      2. 2. Superannuation Act 1972

      3. 3. Juries Act 1974

      4. 4. Rehabilitation of Offenders Act 1974

      5. 5. House of Commons Disqualification Act 1975

      6. 6. Northern Ireland Assembly Disqualification Act 1975

      7. 7. The Police Pensions Act 1976

      8. 8. Rehabilitation of Offenders (Northern Ireland) Order 1978

      9. 9. The 1984 Act

      10. 10. Prosecution of Offences Act 1985

      11. 11. Road Traffic Act 1988

      12. 12. In section 183(1) of the Road Traffic Act 1988 (application...

      13. 13. Aviation and Maritime Security Act 1990

      14. 14. The 1996 Act

      15. 15. In section 54 of the 1996 Act (appointment and functions...

      16. 16. (1) Section 62 of that Act (consultation on terms and...

      17. 17. In section 63(3) of that Act (consultation with Police Advisory...

      18. 18. In section 87 of that Act (guidance concerning disciplinary proceedings),...

      19. 19. (1) In subsection (1) of section 97 of that Act...

      20. 20. Justices of the Peace Act 1997

      21. 21. The 1997 Act

      22. 22. Police (Northern Ireland) Act 1998

      23. 23. Freedom of Information Act 2000

      24. 24. Criminal Justice and Police Act 2001

   8. SCHEDULE 8

      Repeals