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Police and Criminal Evidence Act 1984

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E+W+S+N.I.

Police and Criminal Evidence Act 1984

1984 CHAPTER 60

An Act to make further provision in relation to the powers and duties of the police, persons in police detention, criminal evidence, police discipline and complaints against the police; to provide for arrangements for obtaining the views of the community on policing and for a rank of deputy chief constable; to amend the law relating to the Police Federations and Police Forces and Police Cadets in Scotland; and for connected purposes.

[31st October 1984]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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Modifications etc. (not altering text)

C1By Criminal Justice Act 1991 (c.53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s.70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

C2Act extended (15.4.1992) by S.I. 1992/975, art. 16(13).

Act extended (5.6.1992) by S.I. 1992/1302, art. 17(13).

Act extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 2(1)(a); and Act extended by the said S.I. 1993/1813, art. 6, Sch. 3 para. 2 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 3

Act amended (17.5.1996) by S.I. 1996/1296, art. 16(7)(a)

Act amended (16.6.2000) by S.I. 2000/1556, art. 17(12)

Act extended (temp.) (1.11.1997) by S.I. 1997/2592, arts. 1(2), 12(12)

C3Act: power to apply certain provisions (with modifications) conferred (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 13, 108(2)-(5), Sch. 3 Pt. 3 para. 19(6) (with s. 14(1)); S.I. 2002/2306, art. 4(e)

Act: power to apply certain provisions (with modifications) conferred (8.11.2006) by Armed Forces Act 2006 (c. 52), ss. 373(6), 383 (with s. 385)

C6Act: certain provisions applied (with modifications) (1.12.2007) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2007 (S.I. 2007/3175), arts. 3-19, Schs. 1, 2 (as amended (19.3.2010) by (S.I. 2010/360), {art. 2})

C7Act: power to apply (with modifications) conferred (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), s. 23 (with s. 36(4))

Part IE+W+S+N.I. Powers to Stop and Search

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Modifications etc. (not altering text)

1 Power of constable to stop and search persons, vehicles etc.E+W

(1)A constable may exercise any power conferred by this section—

(a)in any place to which at the time when he proposes to exercise the power the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission; or

(b)in any other place to which people have ready access at the time when he proposes to exercise the power but which is not a dwelling.

(2)Subject to subsection (3) to (5) below, a constable—

(a)may search—

(i)any person or vehicle;

(ii)anything which is in or on a vehicle,

for stolen or prohibited articles [F1, any article to which subsection (8A) below applies or any firework to which subsection (8B) below applies]F1 ; and

(b)may detain a person or vehicle for the purpose of such a search.

(3)This section does not give a constable power to search a person or vehicle or anything in or on a vehicle unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles [F2, any article to which subsection (8A) below applies or any firework to which subsection (8B) below applies]F2 .

(4)If a person is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search him in the exercise of the power conferred by this section unless the constable has reasonable grounds for believing—

(a)that he does not reside in the dwelling; and

(b)that he is not in the place in question with the express or implied permission of a person who resides in the dwelling.

(5)If a vehicle is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search the vehicle or anything in or on it in the exercise of the power conferred by this section unless he has reasonable grounds for believing—

(a)that the person in charge of the vehicle does not reside in the dwelling; and

(b)that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling.

(6)If in the course of such a search a constable discovers an article which he has reasonable grounds for suspecting to be a stolen or prohibited article [F3, an article to which subsection (8A) below applies or a firework to which subsection (8B) below applies]F3 , he may seize it.

(7)An article is prohibited for the purposes of this Part of this Act if it is—

(a)an offensive weapon; or

(b)an article—

(i)made or adapted for use in the course of or in connection with an offence to which this sub-paragraph applies; or

(ii)intended by the person having it with him for such use by him or by some other person.

(8)The offences to which subsection (7)(b)(i) above applies are—

(a)burglary;

(b)theft;

(c)offences under section 12 of the M1Theft Act 1968 (taking motor vehicle or other conveyance without authority); F4...

[F5(d)fraud (contrary to section 1 of the Fraud Act 2006)F5][F6; and

(e)offences under section 1 of the Criminal Damage Act 1971 (destroying or damaging property).]

[F7F6(8A)This subsection applies to any article in relation to which a person has committed, or is committing or is going to commit an offence under section 139 of the Criminal Justice Act 1988.]

[F8(8B)This subsection applies to any firework which a person possesses in contravention of a prohibition imposed by fireworks regulations.

(8C)In this section—

(a)firework” shall be construed in accordance with the definition of “fireworks” in section 1(1) of the Fireworks Act 2003; and

(b)fireworks regulations” has the same meaning as in that Act.]

F8(9)In this Part of this Act “offensive weapon” means any article—

(a)made or adapted for use for causing injury to persons; or

(b)intended by the person having it with him for such use by him or by some other person.

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Amendments (Textual)

F6S. 1(8)(e) and preceding word "and" inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 1(2), 336; S.I. 2004/81, art. 2(1)(2)(a)

Modifications etc. (not altering text)

Marginal Citations

2 Provisions relating to search under section 1 and other powers.E+W

(1)A constable who detains a person or vehicle in the exercise—

(a)of the power conferred by section 1 above; or

(b)of any other power—

(i)to search a person without first arresting him; or

(ii)to search a vehicle without making an arrest,

need not conduct a search if it appears to him subsequently—

(i)that no search is required; or

(ii)that a search is impracticable.

(2)If a constable contemplates a search, other than a search of an unattended vehicle, in the exercise—

(a)of the power conferred by section 1 above; or

(b)of any other power, except the power conferred by section 6 below and the power conferred by section 27(2) of the M2Aviation Security Act 1982—

(i)to search a person without first arresting him; or

(ii)to search a vehicle without making an arrest,

it shall be his duty, subject to subsection (4) below, to take reasonable steps before he commences the search to bring to the attention of the appropriate person—

(i)if the constable is not in uniform, documentary evidence that he is a constable; and

(ii)whether he is in uniform or not, the matters specified in subsection (3) below;

and the constable shall not commence the search until he has performed that duty.

(3)The matters referred to in subsection (2)(ii) above are—

(a)the constable’s name and the name of the police station to which he is attached;

(b)the object of the proposed search;

(c)the constable’s grounds for proposing to make it; and

(d)the effect of section 3(7) or (8) below, as may be appropriate.

(4)A constable need not bring the effect of section 3(7) or (8) below to the attention of the appropriate person if it appears to the constable that it will not be practicable to make the record in section 3(1) below.

(5)In this section “the appropriate person” means—

(a)if the constable proposes to search a person, that person; and

(b)if he proposes to search a vehicle, or anything in or on a vehicle, the person in charge of the vehicle.

(6)On completing a search of an unattended vehicle or anything in or on such a vehicle in the exercise of any such power as is mentioned in subsection (2) above a constable shall leave a notice—

(a)stating that he has searched it;

(b)giving the name of the police station to which he is attached;

(c)stating that an application for compensation for any damage caused by the search may be made to that police station; and

(d)stating the effect of section 3(8) below.

(7)The constable shall leave the notice inside the vehicle unless it is not reasonably practicable to do so without damaging the vehicle.

(8)The time for which a person or vehicle may be detained for the purposes of such a search is such time as is reasonably required to permit a search to be carried out either at the place where the person or vehicle was first detained or nearby.

(9)Neither the power conferred by section 1 above nor any other power to detain and search a person without first arresting him or to detain and search a vehicle without making an arrest is to be construed—

(a)as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves; or

(b)as authorising a constable not in uniform to stop a vehicle.

(10)This section and section 1 above apply to vessels, aircraft and hovercraft as they apply to vehicles.

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Marginal Citations

3 Duty to make records concerning searches.E+W

(1)Where a constable has carried out a search in the exercise of any such power as is mentioned in section 2(1) above, other than a search—

(a)under section 6 below; or

(b)under section 27(2) of the M3Aviation Security Act 1982, he shall make a record of it in writing unless it is not practicable to do so.

(2)If—

(a)a constable is required by subsection (1) above to make a record of a search; but

(b)it is not practicable to make the record on the spot,

he shall make it as soon as practicable after the completion of the search.

(3)The record of a search of a person shall include a note of his name, if the constable knows it, but a constable may not detain a person to find out his name.

(4)If a constable does not know the name of a person whom he has searched, the record of the search shall include a note otherwise describing that person.

(5)The record of a search of a vehicle shall include a note describing the vehicle.

(6)The record of a search of a person or a vehicle—

(a)shall state—

(i)the object of the search;

(ii)the grounds for making it;

(iii)the date and time when it was made;

(iv)the place where it was made;

(v)whether anything, and if so what, was found;

(vi)whether any, and if so what, injury to a person or damage to property appears to the constable to have resulted from the search; and

(b)shall identify the constable making it.

(7)If a constable who conducted a search of a person made a record of it, the person who was searched shall be entitled to a copy of the record if he asks for one before the end of the period specified in subsection (9) below.

(8)If—

(a)the owner of a vehicle which has been searched or the person who was in charge of the vehicle at the time when it was searched asked for a copy of the record of the search before the end of the period specified in subsection (9) below; and

(b)the constable who conducted the search made a record of it,

the person who made the request shall be entitled to a copy.

(9)The period mentioned in subsections (7) and (8) above is the period of 12 months beginning with the date on which the search was made.

(10)The requirements imposed by this section with regard to records of searches of vehicles shall apply also to records of searches of vessels, aircraft and hovercraft.

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Marginal Citations

4 Road checks.E+W

(1)This section shall have effect in relation to the conduct of road checks by police officers for the purpose of ascertaining whether a vehicle is carrying—

(a)a person who has committed an offence other than a road traffic offence or a [F9vehicle] excise offence;

(b)a person who is a witness to such an offence;

(c)a person intending to commit such an offence; or

(d)a person who is unlawfully at large.

(2)For the purposes of this section a road check consists of the exercise in a locality of the power conferred by [F10section 163 of the Road Traffic Act 1988.] in such a way as to stop during the period for which its exercise in that way in that locality continues all vehicles or vehicles selected by any criterion.

(3)Subject to subsection (5) below, there may only be such a road check if a police officer of the rank of superintendent or above authorises it in writing.

(4)An officer may only authorise a road check under subsection (3) above—

(a)for the purpose specified in subsection (1)(a) above, if he has reasonable grounds—

(i)for believing that the offence is [F11an indictable offence]F11 ; and

(ii)for suspecting that the person is, or is about to be, in the locality in which vehicles would be stopped if the road check were authorised;

(b)for the purpose specified in subsection (1)(b) above, if he has reasonable grounds for believing that the offence is [F11an indictable offence]F11 ;

(c)for the purpose specified in subsection (1)(c) above, if he has reasonable grounds—

(i)for believing that the offence would be [F11an indictable offence]F11 ; and

(ii)for suspecting that the person is, or is about to be, in the locality in which vehicles would be stopped if the road check were authorised;

(d)for the purpose specified in subsection (1)(d) above, if he has reasonable grounds for suspecting that the person is, or is about to be, in that locality.

(5)An officer below the rank of superintendent may authorise such a road check if it appears to him that it is required as a matter of urgency for one of the purposes specified in subsection (1) above.

(6)If an authorisation is given under subsection (5) above, it shall be the duty of the officer who gives it—

(a)to make a written record of the time at which he gives it; and

(b)to cause an officer of the rank of superintendent or above to be informed that it has been given.

(7)The duties imposed by subsection (6) above shall be performed as soon as it is practicable to do so.

(8)An officer to whom a report is made under subsection (6) above may, in writing, authorise the road check to continue.

(9)If such an officer considers that the road check should not continue, he shall record in writing—

(a)the fact that it took place; and

(b)the purpose for which it took place.

(10)An officer giving an authorisation under this section shall specify the locality in which vehicles are to be stopped.

(11)An officer giving an authorisation under this section, other than an authorisation under subsection (5) above—

(a)shall specify a period, not exceeding seven days, during which the road check may continue; and

(b)may direct that the road check—

(i)shall be continuous; or

(ii)shall be conducted at specified times,

during that period.

(12)If it appears to an officer of the rank of superintendent or above that a road check ought to continue beyond the period for which it has been authorised he may, from time to time, in writing specify a further period, not exceeding seven days, during which it may continue.

(13)Every written authorisation shall specify—

(a)the name of the officer giving it;

(b)the purpose of the road check; and

(c)the locality in which vehicles are to be stopped.

(14)The duties to specify the purposes of a road check imposed by subsections (9) and (13) above include duties to specify any relevant [F12indictable offence]F12 .

(15)Where a vehicle is stopped in a road check, the person in charge of the vehicle at the time when it is stopped shall be entitled to obtain a written statement of the purpose of the road check if he applies for such a statement not later than the end of the period of twelve months from the day on which the vehicle was stopped.

(16)Nothing in this section affects the exercise by police officers of any power to stop vehicles for purposes other than those specified in subsection (1) above.

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Amendments (Textual)

F9Word in s. 4(1)(a) substituted (1.9.1994) by 1994 c. 22, ss. 66(1), 63, Sch. 3 para.19 (with s. 57(4))

5 Reports of recorded searches and of road checks.E+W

(1)Every annual report—

[F13(a)under section 22 of the M4Police Act 1996; or]

(b)made by the Commissioner of Police of the Metropolis,

shall contain information—

(i)about searches recorded under section 3 above which have been carried out in the area to which the report relates during the period to which it relates; and

(ii)about road checks authorised in that area during that period under section 4 above.

(1A)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The information about searches shall not include information about specific searches but shall include—

(a)the total numbers of searches in each month during the period to which the report relates—

(i)for stolen articles;

(ii)for offensive weapons [F15or articles to which section 1(8A) above applies]; and

(iii)for other prohibited articles;

(b)the total number of persons arrested in each such month in consequence of searches of each of the descriptions specified in paragraph (a)(i) to (iii) above.

(3)The information about road checks shall include information—

(a)about the reason for authorising each road check; and

(b)about the result of each of them.

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Amendments (Textual)

Marginal Citations

6 Statutory undertakers etc.E+W+S+N.I.

(1)A constable employed by statutory undertakers may stop, detain and search any vehicle before it leaves a goods area included in the premises of the statutory undertakers.

[F16(1A)Without prejudice to any powers under subsection (1) above, a constable employed [F17by the [F18British Transport Police AuthorityF18]] may stop, detain and search any vehicle before it leaves a goods area which is included in the premises of any successor of the British Railways Board and is used wholly or mainly for the purposes of a relevant undertaking.]

(2)In this section “goods area” means any area used wholly or mainly for the storage or handling of goods [F19; and “successor of the British Railways Board” and “relevant undertaking” have the same meaning as in the Railways Act 1993 (Consequential Modifications) Order 1999.]

(3)F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F16S. 6(1A) inserted (13.8.1999) by S.I. 1999/1998, art. 5(1)

F17Words in s. 6(1A) substituted (1.2.2001) by 2000 c. 38, s. 217, Sch. 18 para. 5; S.I. 2001/57, art. 3(1) (Subject to Sch. 2 Pt II)

F19Words in s. 6(2) inserted (13.8.1999) by S.I. 1999/1998, art. 5(2)

7 Part I—supplementaryE+W+S

(1)The following enactments shall cease to have effect—

(a)section 8 of the M5Vagrancy Act 1824;

(b)section 66 of the M6Metropolitan Police Act 1839;

(c)section 11 of the M7Canals (Offences) Act 1840;

(d)section 19 of the M8Pedlars Act 1871;

(e)section 33 of the M9County of Merseyside Act 1980; and

(f)section 42 of the M10West Midlands County Council Act 1980.

(2)There shall also cease to have effect—

(a)so much of any enactment contained in an Act passed before 1974, other than—

(i)an enactment contained in public general Act; or

(ii)an enactment relating to statutory undertakers,

as confers power on a constable to search for stolen or unlawfully obtained goods; and

(b)so much of any enactment relating to statutory undertakers as provides that such a power shall not be exercisable after the end of a specified period.

(3)In this Part of this Act “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, road transport, water transport, canal, inland navigation, dock or harbour undertaking.

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Marginal Citations

Part IIE+W Powers of Entry, Search and Seizure

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C10Pt. II (ss. 8-23) extended (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 7(1); S.I. 1991/1072, art. 2 Sch. Pt. I

Pt. II (ss. 8-23) applied (with modifications) (17.5.1996) by S.I. 1996/1296, art. 16(1)

Pt. II (ss. 8-23) amended (17.5.1996) by S.I. 1996/1296, art. 16(7)(b)

Pt. II (ss. 8-23) applied (with modifications) (15.3.1996) by S.I. 1996/716, art. 16(1)

Pt. II (ss. 8-23) modified (1.9.2001) by 2001 c. 17, s. 33; S.I. 2001/2161, art. 2 (subject to art. 3)

Pt. II (ss. 8-23): Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para 1; S.I. 2003/708, art. 2(a)(j)

Search warrantsE+W

8 Power of justice of the peace to authorise entry and search of premises.E+W

(1)If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing—

(a)that [F22an indictable offence]F22 has been committed; and

(b)that there is material on premises [F23mentioned in subsection (1A) below]F23 which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and

(c)that the material is likely to be relevant evidence; and

(d)that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and

(e)that any of the conditions specified in subsection (3) below applies,

he may issue a warrant authorising a constable to enter and search the premises [F24in relation to each set of premises specified in the application]F24 .

[F25(1A)The premises referred to in subsection (1)(b) above are—

(a)one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”); or

(b)any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

(1B)If the application is for an all premises warrant, the justice of the peace must also be satisfied—

(a)that because of the particulars of the offence referred to in paragraph (a) of subsection (1) above, there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in paragraph (b) of that subsection; and

(b)that it is not reasonably practicable to specify in the application all the premises which he occupies or controls and which might need to be searched.]

[F26F25(1C)The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which he issues the warrant.

(1D)If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.]

F26(2)A constable may seize and retain anything for which a search has been authorised under subsection (1) above.

(3)The conditions mentioned in subsection (1)(e) above are—

(a)that it is not practicable to communicate with any person entitled to grant entry to the premises;

(b)that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;

(c)that entry to the premises will not be granted unless a warrant is produced;

(d)that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

(4)In this Act “relevant evidence”, in relation to an offence, means anything that would be admissible in evidence at a trial for the offence.

(5)The power to issue a warrant conferred by this section is in addition to any such power otherwise conferred.

[F27(6)This section applies in relation to a relevant offence (as defined in section 28D(4) of the Immigration Act 1971) as it applies in relation to [F22an indictable offence]F22 .

[F28(7)Section 4 of the Summary Jurisdiction (Process) Act 1881 (execution of process of English courts in Scotland) shall apply to a warrant issued on the application of an officer of Revenue and Customs under this section by virtue of section 114 below.F28F27]]

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Amendments (Textual)

F27S. 8(6) inserted (14.2.2000) by 1999 c. 33. s. 169(1), Sch. 14 para. 80(2); S.I. 2000/168, art. 2, Sch.

F28S. 8(7) inserted (19.7.2007) by Finance Act 2007 (c. 11), s. 86

Modifications etc. (not altering text)

C13Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

C16S. 8(2) extended (2.12.2002) by Police Reform act 2002 (c. 30), s. 38, {Sch. 4 Pt. 2 para. 16(c)}; S.I. 2002/2750, art. 2(a)(ii)(d)

9 Special provisions as to access.E+W

(1)A constable may obtain access to excluded material or special procedure material for the purposes of a criminal investigation by making an application under Schedule 1 below and in accordance with that Schedule.

(2)Any Act (including a local Act) passed before this Act under which a search of premises for the purposes of a criminal investigation could be authorised by the issue of a warrant to a constable shall cease to have effect so far as it relates to the authorisation of searches—

(a)for items subject to legal privilege; or

(b)for excluded material; or

(c)for special procedure material consisting of documents or records other than documents.

[F29(2A)Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24) (which includes provision for the execution of process of English courts in Scotland) and section 29 of the Petty Sessions (Ireland) Act 1851 (c. 93) (which makes equivalent provision for execution in Northern Ireland) shall each apply to any process issued by a [F30judge]F30 under Schedule 1 to this Act as it applies to process issued by a magistrates’ court under the Magistrates’ Courts Act 1980 (c. 43).]

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Amendments (Textual)

Modifications etc. (not altering text)

C17Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2

10 Meaning of “items subject to legal privilege”.E+W

(1)Subject to subsection (2) below, in this Act “items subject to legal privilege” means—

(a)communications between a professional legal adviser and his client or any person representing his client made in connection with the giving of legal advice to the client;

(b)communications between a professional legal adviser and his client or any person representing his client or between such an adviser or his client or any such representative and any other person made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; and

(c)items enclosed with or referred to in such communications and made—

(i)in connection with the giving of legal advice; or

(ii)in connection with or in contemplation of legal proceedings and for the purposes of such proceedings,

when they are in the possession of a person who is entitled to possession of them.

(2)Items held with the intention of furthering a criminal purpose are not items subject to legal privilege.

11 Meaning of “excluded material”.E+W

(1)Subject to the following provisions of this section, in this Act “excluded material” means—

(a)personal records which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office and which he holds in confidence;

(b)human tissue or tissue fluid which has been taken for the purposes of diagnosis or medical treatment and which a person holds in confidence;

(c)journalistic material which a person holds in confidence and which consists—

(i)of documents; or

(ii)of records other than documents.

(2)A person holds material other than journalistic material in confidence for the purposes of this section if he holds it subject—

(a)to an express or implied undertaking to hold it in confidence; or

(b)to a restriction on disclosure or an obligation of secrecy contained in any enactment, including an enactment contained in an Act passed after this Act.

(3)A person holds journalistic material in confidence for the purposes of this section if—

(a)he holds it subject to such an undertaking, restriction or obligation; and

(b)it has been continuously held (by one or more persons) subject to such an undertaking, restriction or obligation since it was first acquired or created for the purposes of journalism.

12 Meaning of “personal records”.E+W

In this Part of this Act “personal records” means documentary and other records concerning an individual (whether living or dead) who can be identified from them and relating—

(a)to his physical or mental health;

(b)to spiritual counselling or assistance given or to be given to him; or

(c)to counselling or assistance given or to be given to him, for the purposes of his personal welfare, by any voluntary organisation or by any individual who—

(i)by reason of his office or occupation has responsibilities for his personal welfare; or

(ii)by reason of an order of a court has responsibilities for his supervision.

13 Meaning of “journalistic material”.E+W

(1) Subject to subsection (2) below, in this Act “journalistic material” means material acquired or created for the purposes of journalism.

(2)Material is only journalistic material for the purposes of this Act if it is in the possession of a person who acquired or created it for the purposes of journalism.

(3)A person who receives material from someone who intends that the recipient shall use it for the purposes of journalism is to be taken to have acquired it for those purposes.

14 Meaning of “special procedure material”.E+W

(1)In this Act “special procedure material” means—

(a)material to which subsection (2) below applies; and

(b)journalistic material, other than excluded material.

(2)Subject to the following provisions of this section, this subsection applies to material, other than items subject to legal privilege and excluded material, in the possession of a person who—

(a)acquired or created it in the course of any trade, business, profession or other occupation or for the purpose of any paid or unpaid office; and

(b)holds it subject—

(i)to an express or implied undertaking to hold it in confidence; or

(ii)to a restriction or obligation such as is mentioned in section 11(2)(b) above.

(3)Where material is acquired—

(a)by an employee from his employer and in the course of his employment; or

(b)by a company from an associated company,

it is only special procedure material if it was special procedure material immediately before the acquisition.

(4)Where material is created by an employee in the course of his employment, it is only special procedure material if it would have been special procedure material had his employer created it.

(5)Where material is created by a company on behalf of an associated company, it is only special procedure material if it would have been special procedure material had the associated company created it.

(6)A company is to be treated as another’s associated company for the purposes of this section if it would be so treated under [F31section 449 of the Corporation Tax Act 2010]F31.

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Amendments (Textual)

F31Words in s. 14(6) substituted (1.4.2010 with effect as mentioned in s. 1184(1) of the amending Act) by Corporation Tax Act 2010 (c. 4), ss. 1177, 1184(1), Sch. 1 para. 193 (with Sch. 2)

15 Search warrants—safeguards.E+W

(1)This section and section 16 below have effect in relation to the issue to constables under any enactment, including an enactment contained in an Act passed after this Act, of warrants to enter and search premises; and an entry on or search of premises under a warrant is unlawful unless it complies with this section and section 16 below.

(2)Where a constable applies for any such warrant, it shall be his duty—

(a)to state—

(i)the ground on which he makes the application; F32...

(ii)the enactment under which the warrant would be issued; [F33andF33]

[F34(iii)if the application is for a warrant authorising entry and search on more than one occasion, the ground on which he applies for such a warrant, and whether he seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired;]

[F35F34(b)to specify the matters set out in subsection (2A) below; and]

F35(c)to identify, so far as is practicable, the articles or persons to be sought.

[F36(2A)The matters which must be specified pursuant to subsection (2)(b) above are—

[F37(a)if the application relates to one or more sets of premises specified in the application, each set of premises which it is desired to enter and search;]

F37(b)[F38if the application relates to any premises occupied or controlled by a person specified in the application–F38]

(i)as many sets of premises which it is desired to enter and search as it is reasonably practicable to specify;

(ii)the person who is in occupation or control of those premises and any others which it is desired to enter and search;

(iii)why it is necessary to search more premises than those specified under sub-paragraph (i); and

(iv)why it is not reasonably practicable to specify all the premises which it is desired to enter and search.]

F36(3)An application for such a warrant shall be made ex parte and supported by an information in writing.

(4)The constable shall answer on oath any question that the justice of the peace or judge hearing the application asks him.

(5)A warrant shall authorise an entry on one occasion only [F39unless it specifies that it authorises multiple entries]F39.

[F40(5A)If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum.]

F40(6)A warrant—

(a)shall specify—

(i)the name of the person who applies for it;

(ii)the date on which it is issued;

(iii)the enactment under which it is issued; and

[F41(iv)each set of premises to be searched, or (in the case of an all premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under his occupation or control which can be specified and which are to be searched; and]

F41(b)shall identify, so far as is practicable, the articles or persons to be sought.

[F42(7)Two copies shall be made of a [F43warrant]F43 which specifies only one set of premises and does not authorise multiple entries; and as many copies as are reasonably required may be made of any other kind of warrant.]

F42(8)The copies shall be clearly certified as copies.

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Amendments (Textual)

Modifications etc. (not altering text)

C20Ss. 8, 9, 15, 16, 17(1)(b) (2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2

C21S. 15: power to apply (with modifications) conferred (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), {ss. 355(1)-(3)(a)}, 458; S.I. 2003/120, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended by S.I. 2003/333, art. 14 which in turn is amended by S.I. 2003/531, arts. 3, 4))

C23S. 15 applied (with modifications) (24.2.2003) by The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984 and Police and Criminal Evidence (Northern Ireland) Order 1989) Order 2003 (S.I. 2003/174), {arts. 2}, 10, Sch. 1

16 Execution of warrants.E+W

(1)A warrant to enter and search premises may be executed by any constable.

(2)Such a warrant may authorise persons to accompany any constable who is executing it.

[F44(2A)A person so authorised has the same powers as the constable whom he accompanies in respect of—

(a)the execution of the warrant, and

(b)the seizure of anything to which the warrant relates.

(2B)But he may exercise those powers only in the company, and under the supervision, of a constable.]

F44(3)Entry and search under a warrant must be within [F45three months]F45 from the date of its issue.

[F46(3A)If the warrant is an all premises warrant, no premises which are not specified in it may be entered or searched unless a police officer of at least the rank of inspector has in writing authorised them to be entered.]

[F47F46(3B)No premises may be entered or searched for the second or any subsequent time under a warrant which authorises multiple entries unless a police officer of at least the rank of inspector has in writing authorised that entry to those premises.]

F47(4)Entry and search under a warrant must be at a reasonable hour unless it appears to the constable executing it that the purpose of a search may be frustrated on an entry at a reasonable hour.

(5)Where the occupier of premises which are to be entered and searched is present at the time when a constable seeks to execute a warrant to enter and search them, the constable—

(a)shall identify himself to the occupier and, if not in uniform, shall produce to him documentary evidence that he is a constable;

(b)shall produce the warrant to him; and

(c)shall supply him with a copy of it.

(6)Where—

(a)the occupier of such premises is not present at the time when a constable seeks to execute such a warrant; but

(b)some other person who appears to the constable to be in charge of the premises is present,

subsection (5) above shall have effect as if any reference to the occupier were a reference to that other person.

(7)If there is no person who appears to the constable to be in charge of the premises, he shall leave a copy of the warrant in a prominent place on the premises.

(8)A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued.

(9)A constable executing a warrant shall make an endorsement on it stating—

(a)whether the articles or persons sought were found; and

(b)whether any articles were seized, other than articles which were sought

[F48and, unless the warrant is a F49... warrant specifying one set of premises only, he shall do so separately in respect of each set of premises entered and searched, which he shall in each case state in the endorsement.]

[F50F48(10)A warrant shall be returned to the appropriate person mentioned in subsection (10A) below—

(a)when it has been executed; or

(b)in the case of a specific premises warrant which has not been executed, or an all premises warrant, or any warrant authorising multiple entries, upon the expiry of the period of three months referred to in subsection (3) above or sooner.

(10A)The appropriate person is—

(a)if the warrant was issued by a justice of the peace, the designated officer for the local justice area in which the justice was acting when he issued the warrant;

(b)if it was issued by a judge, the appropriate officer of the court from which he issued it.]

F50(11)A warrant which is returned under subsection (10) above shall be retained for 12 months from its return—

(a)by the [F51designated officer for the local justice area]F51 , if it was returned under paragraph (i) of that subsection; and

(b)by the appropriate officer, if it was returned under paragraph (ii).

(12)If during the period for which a warrant is to be retained the occupier of [F52premises]F52 to which it relates asks to inspect it, he shall be allowed to do so.

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Amendments (Textual)

Modifications etc. (not altering text)

C28Ss. 8, 9, 15, 16, 17(1)(b) (2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a) (5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2

C30S. 16: power to apply (with modifications) conferred (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 355(1)(2)(3)(b), 458; S.I. 2003/120, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended by S.I. 2003/333, art. 14 which in turn is amended by S.I. 2003/531, arts. 3, 4))

C32S. 16 applied (with modifications) (24.2.2003) by The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984 and Police and Criminal Evidence (Northern Ireland) Order 1989) Order 2003 (S.I. 2003/174), {arts. 3}, 10, Sch. 1

Entry and search without search warrantE+W

17 Entry for purpose of arrest etc.E+W

(1)Subject to the following provisions of this section, and without prejudice to any other enactment, a constable may enter and search any premises for the purpose—

(a)of executing—

(i)a warrant of arrest issued in connection with or arising out of criminal proceedings; or

(ii)a warrant of commitment issued under section 76 of the M11Magistrates’ Courts Act 1980;

(b)of arresting a person for an [F53indictable]F53 offence;

(c)of arresting a person for an offence under—

(i)section 1 (prohibition of uniforms in connection with political objects), . . . F54 of the M12Public Order Act 1936;

(ii)any enactment contained in sections 6 to 8 or 10 of the M13Criminal Law Act 1977 (offences relating to entering and remaining on property);

[F55(iii)section 4 of the Public Order Act 1986 (fear or provocation of violence);]

[F56(iiia)section 4 (driving etc. when under influence of drink or drugs) or 163 (failure to stop when required to do so by constable in uniform) of the Road Traffic Act 1988;

(iiib)section 27 of the Transport and Works Act 1992 (which relates to offences involving drink or drugs);]

[F57F56(iv)section 76 of the Criminal Justice and Public Order Act 1994 (failure to comply with interim possession order);]

[F58(v)any of sections 4, 5, 6(1) and (2), 7 and 8(1) and (2) of the Animal Welfare Act 2006 (offences relating to the prevention of harm to animals);]

[F59F58(ca)of arresting, in pursuance of section 32(1A) of the Children and Young Persons Act 1969, any child or young person who has been remanded or committed to local authority accommodation under section 23(1) of that Act;

[F60(caa)of arresting a person for an offence to which section 61 of the Animal Health Act 1981 applies;]

F60(cb)of recapturing any person who is, or is deemed for any purpose to be, unlawfully at large while liable to be detained—

(i)in a prison, remand centre, young offender institution or secure training centre, or

(ii)in pursuance of [F61section 92 of the Powers of Criminal Courts (Sentencing ) Act 2000] (dealing with children and young persons guilty of grave crimes), in any other place;]

(d)of recapturing [F62any person whatever] who is unlawfully at large and whom he is pursuing; or

(e)of saving life or limb or preventing serious damage to property.

(2)Except for the purpose specified in paragraph (e) of subsection (1) above, the powers of entry and search conferred by this section—

(a)are only exercisable if the constable has reasonable grounds for believing that the person whom he is seeking is on the premises; and

(b)are limited, in relation to premises consisting of two or more separate dwellings, to powers to enter and search—

(i)any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other such dwelling; and

(ii)any such dwelling in which the constable has reasonable grounds for believing that the person whom he is seeking may be.

(3)The powers of entry and search conferred by this section are only exercisable for the purposes specified in subsection (1)(c)(ii) [F63or (iv)] above by a constable in uniform.

(4)The power of search conferred by this section is only a power to search to the extent that is reasonably required for the purpose for which the power of entry is exercised.

(5)Subject to subsection 6 below, all the rules of common law under which a constable has power to enter premises without a warrant are hereby abolished.

(6)Nothing in subsection (5) above affects any power of entry to deal with or prevent a breach of the peace.

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Amendments (Textual)

F61Words in s. 17(1)(cb) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 95

F62Words in s. 17(1)(d) substituted (5.9.1995) by 1995 c. 16, s. 2(1); S.I. 1995/2021, art. 2

Modifications etc. (not altering text)

C36Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

Marginal Citations

18 Entry and search after arrest. E+W

(1)Subject to the following provisions of this section, a constable may enter and search any premises occupied or controlled by a person who is under arrest for an [F64indictable]F64 offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates—

(a)to that offence; or

(b)to some other [F64indictable]F64 offence which is connected with or similar to that offence.

(2)A constable may seize and retain anything for which he may search under subsection (1) above.

(3)The power to search conferred by subsection (1) above is only a power to search to the extent that is reasonably required for the purpose of discovering such evidence.

(4)Subject to subsection (5) below, the powers conferred by this section may not be exercised unless an officer of the rank of inspector or above has authorised them in writing.

[F65(5)A constable may conduct a search under subsection (1)—

(a)before the person is taken to a police station or released on bail under section 30A, and

(b)without obtaining an authorisation under subsection (4),

if the condition in subsection (5A) is satisfied.

(5A)The condition is that the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence.]

F65(6)If a constable conducts a search by virtue of subsection (5) above, he shall inform an officer of the rank of inspector or above that he has made the search as soon as practicable after he has made it.

(7)An officer who—

(a)authorises a search; or

(b)is informed of a search under subsection (6) above, shall make a record in writing—

(i)of the grounds for the search; and

(ii)of the nature of the evidence that was sought.

(8)If the person who was in occupation or control of the premises at the time of the search is in police detention at the time the record is to be made, the officer shall make the record as part of his custody record.

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Amendments (Textual)

Modifications etc. (not altering text)

C37Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

Seizure etc.E+W

19 General power of seizure etc. E+W

(1)The powers conferred by subsections (2), (3) and (4) below are exercisable by a constable who is lawfully on any premises.

(2)The constable may seize anything which is on the premises if he has reasonable grounds for believing—

(a)that it has been obtained in consequence of the commission of an offence; and

(b)that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

(3)The constable may seize anything which is on the premises if he has reasonable grounds for believing—

(a)that it is evidence in relation to an offence which he is investigating or any other offence; and

(b)that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.

(4)The constable may require any information which is [F66stored in any electronic form] and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible [F67or from which it can readily be produced in a visible and legible form]if he has reasonable grounds for believing—

(a)that—

(i)it is evidence in relation to an offence which he is investigating or any other offence; or

(ii)it has been obtained in consequence of the commission of an offence; and

(b)that it is necessary to do so in order to prevent it being concealed, lost, tampered with or destroyed.

(5)The powers conferred by this section are in addition to any power otherwise conferred.

(6)No power of seizure conferred on a constable under any enactment (including an enactment contained in an Act passed after this Act) is to be taken to authorise the seizure of an item which the constable exercising the power has reasonable grounds for believing to be subject to legal privilege.

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Amendments (Textual)

F66Words in s. 19(4) substituted (1.4.2003) by 2001 c. 16, ss. 70, 138(2) Sch. 2 Pt. II para. 13(1)(a)(2)(a); S.I. 2003/708, art. 2(k)

Modifications etc. (not altering text)

C40Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2

C42S. 19(4) modified (1.4.2003) by 2001 c. 16, ss. 63, 138(2); S.I. 2003/708, art. 2(a)

C43S. 19(6) excluded (1.4.2003) by 2001 c. 16, ss. 50 (2)(4)-(6), 138(2); S.I. 2003/708, art. 2(a)

S. 19(6) excluded (1.4.2003) by 2001 c.16, ss. 51(2)(4)(5), 138(2); S.I. 2003/708, art. 2(a)

20 Extension of powers of seizure to computerised information. E+W

(1)Every power of seizure which is conferred by an enactment to which this section applies on a constable who has entered premises in the exercise of a power conferred by an enactment shall be construed as including a power to require any information [F68stored in any electronic form] contained in a computer and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible [F69or from which it can readily be produced in a visible and legible form].

(2)This section applies—

(a)to any enactment contained in an Act passed before this Act;

(b)to sections 8 and 18 above;

(c)to paragraph 13 of Schedule 1 to this Act; and

(d)to any enactment contained in an Act passed after this Act.

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Amendments (Textual)

Modifications etc. (not altering text)

C45Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

C46S. 20 modified (1.4.2003) by 2001 c. 16, ss. 63, 138(2); S.I. 2003/708, art. 2(a)

21 Access and copying.E+W

(1)A constable who seizes anything in the exercise of a power conferred by any enactment, including an enactment contained in an Act passed after this Act, shall, if so requested by a person showing himself—

(a)to be the occupier of premises on which it was seized; or

(b)to have had custody or control of it immediately before the seizure,

provide that person with a record of what he seized.

(2)The officer shall provide the record within a reasonable time from the making of the request for it.

(3)Subject to subsection (8) below, if a request for permission to be granted access to anything which—

(a)has been seized by a constable; and

(b)is retained by the police for the purpose of investigating an offence,

is made to the officer in charge of the investigation by a person who had custody or control of the thing immediately before it was so seized or by someone acting on behalf of such a person, the officer shall allow the person who made the request access to it under the supervision of a constable.

(4)Subject to subsection (8) below, if a request for a photograph or copy of any such thing is made to the officer in charge of the investigation by a person who had custody or control of the thing immediately before it was so seized, or by someone acting on behalf of such a person, the officer shall—

(a)allow the person who made the request access to it under the supervision of a constable for the purpose of photographing or copying it; or

(b)photograph or copy it, or cause it to be photographed or copied.

(5)A constable may also photograph or copy, or have photographed or copied, anything which he has power to seize, without a request being made under subsection (4) above.

(6)Where anything is photographed or copied under subsection (4)(b) above, the photograph or copy shall be supplied to the person who made the request.

(7)The photograph or copy shall be so supplied within a reasonable time from the making of the request.

(8)There is no duty under this section to grant access to, or to supply a photograph or copy of, anything if the officer in charge of the investigation for the purposes of which it was seized has reasonable grounds for believing that to do so would prejudice—

(a)that investigation;

(b)the investigation of an offence other than the offence for the purposes of investigating which the thing was seized; or

(c)any criminal proceedings which may be brought as a result of—

(i)the investigation of which he is in charge; or

(ii)any such investigation as is mentioned in paragraph (b) above.

[F70(9)The references to a constable in subsections (1), (2), (3)(a) and (5) include a person authorised under section 16(2) to accompany a constable executing a warrant.F70]

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Amendments (Textual)

Modifications etc. (not altering text)

C51Ss. 8, 9, 15, 16, 17(1)(b) (2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a) (5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2

C53S. 21 modified (1.9.2001) by S.I. 1996/716, art 17D (as inserted by S.I. 2001/2563, art. 2)

C55S. 21: power to apply (with modifications) conferred (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 355(1)(2)(3)(c), 458(1)(3); S.I. 2003/120, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended by S.I. 2003/333, art. 14 which in turn is amended by S.I. 2003/531, arts. 3, 4))

C56S. 21 applied (with modifications) (24.2.2003) by The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984 and Police and Criminal Evidence (Northern Ireland) Order 1989) Order 2003 (S.I. 2003/174), {arts. 4}, 10, Sch. 1

C58S. 21 applied (31.3.2008) by UK Borders Act 2007 (c. 30), ss. 46(5), 59; S.I. 2008/309, art. 3 (subject to art. 6)

22 Retention. E+W

(1)Subject to subsection (4) below, anything which has been seized by a constable or taken away by a constable following a requirement made by virtue of section 19 or 20 above may be retained so long as is necessary in all the circumstances.

(2)Without prejudice to the generality of subsection (1) above—

(a)anything seized for the purposes of a criminal investigation may be retained, except as provided by subsection (4) below—

(i)for use as evidence at a trial for an offence; or

(ii)for forensic examination or for investigation in connection with an offence; and

(b)anything may be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.

(3)Nothing seized on the ground that it may be used—

(a)to cause physical injury to any person;

(b)to damage property;

(c)to interfere with evidence; or

(d)to assist in escape from police detention or lawful custody,

may be retained when the person from whom it was seized is no longer in police detention or the custody of a court or is in the custody of a court but has been released on bail.

(4)Nothing may be retained for either of the purposes mentioned in subsection (2)(a) above if a photograph or copy would be sufficient for that purpose.

(5)Nothing in this section affects any power of a court to make an order under section 1 of the M14Police (Property) Act 1897.

[F71(6)This section also applies to anything retained by the police under section 28H(5) of the M15Immigration Act 1971.]

[F72(7)The reference in subsection (1) to anything seized by a constable includes anything seized by a person authorised under section 16(2) to accompany a constable executing a warrant.F72]

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Amendments (Textual)

Modifications etc. (not altering text)

C62S. 22 modified (1.9.2001) by S.I. 1996/716, art. 17D (as inserted (1.9.2001) by S.I. 2001/2563, art. 2)

C65S. 22: power to apply (with modifications) conferred (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 355(1)(2)(3)(d), 458; S.I. 2003/120, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended by S.I. 2003/333, art. 14 which in turn is amended by S.I. 2003/531, arts. 3, 4))

C66S. 22 applied (with modifications) (24.2.2003) by The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984 and Police and Criminal Evidence (Northern Ireland) Order 1989) Order 2003 (S.I. 2003/174), {arts. 5}, 10, Sch. 1

C67Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2

Marginal Citations

SupplementaryE+W

23 Meaning of “premises” etc.E+W

In this Act—

  • premises” includes any place and, in particular, includes—

    (a)

    any vehicle, vessel, aircraft or hovercraft;

    (b)

    any offshore installation;

    (ba)

    [F73any renewable energy installation;]

    (c)

    F73any tent or movable structure; F74...

  • offshore installation” has the meaning given to it by section 1 of the M16Mineral Workings (Offshore Installations) Act 1971.

  • [F75renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004.F75]

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Amendments (Textual)

F73S. 23: in definition of "premises", para. (ba) substituted for word "and" at the end of para. (b) (5.10.2004) by Energy Act 2004 (c. 20), ss. 103(2)(a), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

F74S. 23: word at the end of the definition of "premises" repealed (5.10.2004) by Energy Act 2004 (c. 20), ss. 197, 198(2), Sch. 23 Pt. 1; S.I. 2004/2575, art. 2(1), Sch. 1 Table

F75S. 23: definition of "renewable energy installation" inserted (5.10.2004) by Energy Act 2004 (c. 20), ss. 103(2)(b), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

Marginal Citations

Part IIIE+W Arrest

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Modifications etc. (not altering text)

C68Pt. III: Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para. 1; S.I. 2003/708, art. 2(j)

Pt. III: Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 74; S.I. 2003/708, art. 2(j)

[F7624 Arrest without warrant: constablesE+W

(1)A constable may arrest without a warrant—

(a)anyone who is about to commit an offence;

(b)anyone who is in the act of committing an offence;

(c)anyone whom he has reasonable grounds for suspecting to be about to commit an offence;

(d)anyone whom he has reasonable grounds for suspecting to be committing an offence.

(2)If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.

(3)If an offence has been committed, a constable may arrest without a warrant—

(a)anyone who is guilty of the offence;

(b)anyone whom he has reasonable grounds for suspecting to be guilty of it.

(4)But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.

(5)The reasons are—

(a)to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person's name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);

(b)correspondingly as regards the person's address;

(c)to prevent the person in question—

(i)causing physical injury to himself or any other person;

(ii)suffering physical injury;

(iii)causing loss of or damage to property;

(iv)committing an offence against public decency (subject to subsection (6)); or

(v)causing an unlawful obstruction of the highway;

(d)to protect a child or other vulnerable person from the person in question;

(e)to allow the prompt and effective investigation of the offence or of the conduct of the person in question;

(f)to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.

(6)Subsection (5)(c)(iv) applies only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question.F76]

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Amendments (Textual)

Modifications etc. (not altering text)

C70S. 24 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 2(4).

C74S. 24(2) modified (1.9.2001) by 2001 c. 16, s. 47(3); S.I. 2001/2223, art. 4(c)

C75S. 24(2) applied by S.I. 1990/1768, art. 8(10) (as replaced by S.I. 1990/2144, art. 3)

S. 24(2) extended (15.4.1992) by S.I. 1992/975, art. 16(13).

S. 24(2) extended (5.6.1992) by S.I. 1992/1302, art. 17(13).

s. 24(2) extended (1.5.1993) by S.I. 1993/1188, art. 16(11).

S. 24(2) extended (24.5.1993) by S.I. 1993/1244, art. 22(13).

S. 24(2) extended (22.7.1993) by S.I. 1993/1784, art. 13(12).

S. 24(2) extended (22.7.1993) by S.I. 1993/1787, art. 10(12).

S. 24(2) extended (1.10.1993) by S.I. 1993/2355, art. 12(12).

S. 24(2) extended (1.12.1993) by S.I. 1993/2807, art. 19(12)

S. 24(2) applied (23.5.1994) by 1994/1323, art. 17(12)

S. 24(2) applied (19.10.1994) by S.I. 1994/2673, art. 13(12)

S. 24(2) applied (7.2.1995) by S.I. 1995/271, art. 11(4)

S. 24(2) applied (15.11.1996) by S.I. 1996/2721, art. 11(4)

S. 24(2) extended (1.11.1997) by S.I. 1997/2592, art. 12(12)

S. 24(2) applied (with modifications) (15.7.1998) by S.I. 1998/1531, art. 4(2).

S. 24(2) extended (3.6.1999) by S.I. 1999/1516, art. 9(9)

S. 24(2) extended (14.10.1999) by S.I. 1999/2821, art. 4(2)

S. 24(2) extended (14.10.1999) by S.I. 1999/2822, art. 4(2)

S. 24(2) extended (26.11.1999) by S.I. 1999/3133, art. 8(12)

S. 24(2) applied (16.6.2000) by S.I. 2000/1556, art. 17(12)

S. 24(2) applied (28.9.2000) by S.I. 2000/2620, reg. 11(5)

S. 24(2) applied (25.5.2000) by S.I. 2000/1408, reg. 3

S. 24(2) extended (16.2.2001) by S.I. 2001/396, art. 25(13)

S. 24(2) applied (10.10.2001) by S.I. 2001/3365, art. 10(10) (subject to art. 1(2))

C76S. 24(2) applied (with modifications) (25.1.2002) by The Al-Qa'ida and Taliban (United Nations Measures) Order 2002 (S.I. 2002/111), art. 20(13)

S. 24(2) applied (with modifications) (31.3.2002) by The Zimbabwe (Sale, Supply, Export and Shipment of Equipment) (Penalties and Licences) Regulations 2002 (S.I. 2002/ 868), {reg. 4(2)}

S. 24(2) applied (with modifications) (24.10.2002) by The Somalia (United Nations Sanctions) Order (S.I. 2002/2628), {art. 16(12)}

[F7724AArrest without warrant: other personsE+W

(1)A person other than a constable may arrest without a warrant—

(a)anyone who is in the act of committing an indictable offence;

(b)anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.

(2)Where an indictable offence has been committed, a person other than a constable may arrest without a warrant—

(a)anyone who is guilty of the offence;

(b)anyone whom he has reasonable grounds for suspecting to be guilty of it.

(3)But the power of summary arrest conferred by subsection (1) or (2) is exercisable only if—

(a)the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question; and

(b)it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.

(4)The reasons are to prevent the person in question—

(a)causing physical injury to himself or any other person;

(b)suffering physical injury;

(c)causing loss of or damage to property; or

(d)making off before a constable can assume responsibility for him.

[F78(5)This section does not apply in relation to an offence under Part 3 or 3A of the Public Order Act 1986.F78]]

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Amendments (Textual)

Modifications etc. (not altering text)

C82S. 24A restricted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 71, 77; S.I. 2006/3412, art. 3, Sch. 1 para. 9 (with Sch. 2)

S. 24A restricted (1.2.2007) by The National Assembly for Wales ( Representation of The People) Order (S.I. 2007/236), arts. 1(1), {30(4)}

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

26 Repeal of statutory powers of arrest without warrant or order.E+W

(1)Subject to subsection (2) below, so much of any Act (including a local Act) passed before this Act as enables a constable—

(a)to arrest a person for an offence without a warrant; or

(b)to arrest a person otherwise than for an offence without a warrant or an order of a court,

shall cease to have effect.

(2)Nothing in subsection (1) above affects the enactments specified in Schedule 2 to this Act.

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Modifications etc. (not altering text)

27 Fingerprinting of certain offenders.E+W

(1)If a person—

(a)has been convicted of a recordable offence;

(b)has not at any time been in police detention for the offence; and

(c)has not had his fingerprints taken—

(i)in the course of the investigation of the offence by the police; or

(ii)since the conviction,

any constable may at any time not later than one month after the date of the conviction require him to attend a police station in order that his fingerprints may be taken.

[F80(1A)Where a person convicted of a recordable offence has already had his fingerprints taken as mentioned in paragraph (c) of subsection (1) above, that fact (together with any time when he has been in police detention for the offence) shall be disregarded for the purposes of that subsection if—

(a)the fingerprints taken on the previous occasion do not constitute a complete set of his fingerprints; or

(b)some or all of the fingerprints taken on the previous occasion are not of sufficient quality to allow satisfactory analysis, comparison or matching.

(1B)Subsections (1) and (1A) above apply—

(a)where a person has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted, or

(b)where a person has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 (c. 37) for a recordable offence,

as they apply where a person has been convicted of an offence, and references in this section to a conviction shall be construed accordingly.]

F80(2)A requirement under subsection (1) above—

(a)shall give the person a period of at least 7 days within which he must so attend; and

(b)may direct him to so attend at a specified time of day or between specified times of day.

(3)Any constable may arrest without warrant a person who has failed to comply with a requirement under subsection (1) above.

(4)The Secretary of State may by regulations make provision for recording in national police records convictions for such offences as are specified in the regulations.

(4A)F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Regulations under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Amendments (Textual)

Modifications etc. (not altering text)

28 Information to be given on arrest. E+W

(1)Subject to subsection (5) below, where a person is arrested, otherwise than by being informed that he is under arrest, the arrest is not lawful unless the person arrested is informed that he is under arrest as soon as is practicable after his arrest.

(2)Where a person is arrested by a constable, subsection (1) above applies regardless of whether the fact of the arrest is obvious.

(3)Subject to subsection (5) below, no arrest is lawful unless the person arrested is informed of the ground for the arrest at the time of, or as soon as is practicable after, the arrest.

(4)Where a person is arrested by a constable, subsection (3) above applies regardless of whether the ground for the arrest is obvious.

(5)Nothing in this section is to be taken to require a person to be informed—

(a)that he is under arrest; or

(b)of the ground for the arrest,

if it was not reasonably practicable for him to be so informed by reason of his having escaped from arrest before the information could be given.

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Modifications etc. (not altering text)

C85Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

29 Voluntary attendance at police station etc.E+W

Where for the purpose of assisting with an investigation a person attends voluntarily at a police station or at any other place where a constable is present or accompanies a constable to a police station or any such other place without having been arrested—

(a)he shall be entitled to leave at will unless he is placed under arrest;

(b)he shall be informed at once that he is under arrest if a decision is taken by a constable to prevent him from leaving at will.

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Modifications etc. (not altering text)

C86Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

30 Arrest elsewhere than at police station.E+W

[F82(1)Subsection (1A) applies where a person is, at any place other than a police station—

(a)arrested by a constable for an offence, or

(b)taken into custody by a constable after being arrested for an offence by a person other than a constable.

(1A)The person must be taken by a constable to a police station as soon as practicable after the arrest.

(1B)Subsection (1A) has effect subject to section 30A (release on bail) and subsection (7)(release without bail).]

F82(2)Subject to subsections (3) and (5) below, the police station to which an arrested person is taken under [F83subsection (1A)]F83 above shall be a designated police station.

(3)A constable to whom this subsection applies may take an arrested person to any police station unless it appears to the constable that it may be necessary to keep the arrested person in police detention for more than six hours.

(4)Subsection (3) above applies—

(a)to a constable who is working in a locality covered by a police station which is not a designated police station; and

(b)to a constable belonging to a body of constables maintained by an authority other than a police authority.

(5)Any constable may take an arrested person to any police station if—

(a)either of the following conditions is satisfied—

(i)the constable has arrested him without the assistance of any other constable and no other constable is available to assist him;

(ii)the constable has taken him into custody from a person other than a constable without the assistance of any other constable and no other constable is available to assist him; and

(b)it appears to the constable that he will be unable to take the arrested person to a designated police station without the arrested person injuring himself, the constable or some other person.

(6)If the first police station to which an arrested person is taken after his arrest is not a designated police station, he shall be taken to a designated police station not more than six hours after his arrival at the first police station unless he is released previously.

[F84(7)A person arrested by a constable at any place other than a police station must be released without bail if the condition in subsection (7A) is satisfied.

(7A)The condition is that, at any time before the person arrested reaches a police station, a constable is satisfied that there are no grounds for keeping him under arrest or releasing him on bail under section 30A.]

F84(8)A constable who releases a person under subsection (7) above shall record the fact that he has done so.

(9)The constable shall made the record as soon as is practicable after the release.

[F85(10)Nothing in subsection (1A) or in section 30A prevents a constable delaying taking a person to a police station or releasing him on bail if the condition in subsection (10A) is satisfied.

(10A)The condition is that the presence of the person at a place (other than a police station) is necessary in order to carry out such investigations as it is reasonable to carry out immediately.

(11)Where there is any such delay the reasons for the delay must be recorded when the person first arrives at the police station or (as the case may be) is released on bail.]

F85(12)Nothing in [F86subsection (1A) or section 30A]F86 above shall be taken to affect—

(a)paragraphs 16(3) or 18(1) of Schedule 2 to the M17Immigration Act 1971;

(b)section 34(1) of the M18Criminal Justice Act 1972; or

[F87(c)any provision of the Terrorism Act 2000.]

(13)Nothing in subsection (1) above shall be taken to affect paragraph 18(3) of Schedule 2 to the Immigration Act 1971.

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Amendments (Textual)

F87S. 30(12)(c) substituted (19.2.2001) by 2000 c. 11, ss. 125, Sch. 15 para. 5(2) (with s. 129(1)(b)); 2001/421, art. 2

Modifications etc. (not altering text)

C87S. 30 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 2(6); s. 30 extended by the said S.I. 1993/1813, art. 6, Sch. 3 para. 2 as in corporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 3

C90Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

Marginal Citations

[F8830ABail elsewhere than at police stationE+W

(1)A constable may release on bail a person who is arrested or taken into custody in the circumstances mentioned in section 30(1).

(2)A person may be released on bail under subsection (1) at any time before he arrives at a police station.

(3)A person released on bail under subsection (1) must be required to attend a police station.

[F89(3A)Where a constable releases a person on bail under subsection (1)—

(a)no recognizance for the person's surrender to custody shall be taken from the person,

(b)no security for the person's surrender to custody shall be taken from the person or from anyone else on the person's behalf,

(c)the person shall not be required to provide a surety or sureties for his surrender to custody, and

(d)no requirement to reside in a bail hostel may be imposed as a condition of bail.

(3B)Subject to subsection (3A), where a constable releases a person on bail under subsection (1) the constable may impose, as conditions of the bail, such requirements as appear to the constable to be necessary—

(a)to secure that the person surrenders to custody,

(b)to secure that the person does not commit an offence while on bail,

(c)to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person, or

(d)for the person's own protection or, if the person is under the age of 17, for the person's own welfare or in the person's own interests.

(4)Where a person is released on bail under subsection (1), a requirement may be imposed on the person as a condition of bail only under the preceding provisions of this section.]

F89(5)The police station which the person is required to attend may be any police station.

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Amendments (Textual)

Modifications etc. (not altering text)

30BBail under section 30A: noticesE+W

(1)Where a constable grants bail to a person under section 30A, he must give that person a notice in writing before he is released.

(2)The notice must state—

(a)the offence for which he was arrested, and

(b)the ground on which he was arrested.

(3)The notice must inform him that he is required to attend a police station.

(4)It may also specify the police station which he is required to attend and the time when he is required to attend.

[F90(4A)If the person is granted bail subject to conditions under section 30A(3B), the notice also—

(a)must specify the requirements imposed by those conditions,

(b)must explain the opportunities under sections 30CA(1) and 30CB(1) for variation of those conditions, and

(c)if it does not specify the police station at which the person is required to attend, must specify a police station at which the person may make a request under section 30CA(1)(b).]

F90(5)If the notice does not include the information mentioned in subsection (4), the person must subsequently be given a further notice in writing which contains that information.

(6)The person may be required to attend a different police station from that specified in the notice under subsection (1) or (5) or to attend at a different time.

(7)He must be given notice in writing of any such change as is mentioned in subsection (6) but more than one such notice may be given to him.

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Amendments (Textual)

Modifications etc. (not altering text)

30CBail under section 30A: supplementalE+W

(1)A person who has been required to attend a police station is not required to do so if he is given notice in writing that his attendance is no longer required.

(2)If a person is required to attend a police station which is not a designated police station he must be—

(a)released, or

(b)taken to a designated police station,

not more than six hours after his arrival.

(3)Nothing in the Bail Act 1976 applies in relation to bail under section 30A.

(4)Nothing in section 30A or 30B or in this section prevents the re-arrest without a warrant of a person released on bail under section 30A if new evidence justifying a further arrest has come to light since his release.

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Amendments (Textual)

Modifications etc. (not altering text)

30CABail under section 30A: variation of conditions by policeE+W

(1)Where a person released on bail under section 30A(1) is on bail subject to conditions—

(a)a relevant officer at the police station at which the person is required to attend, or

(b)where no notice under section 30B specifying that police station has been given to the person, a relevant officer at the police station specified under section 30B(4A)(c),

may, at the request of the person but subject to subsection (2), vary the conditions.

(2)On any subsequent request made in respect of the same grant of bail, subsection (1) confers power to vary the conditions of the bail only if the request is based on information that, in the case of the previous request or each previous request, was not available to the relevant officer considering that previous request when he was considering it.

(3)Where conditions of bail granted to a person under section 30A(1) are varied under subsection (1)—

(a)paragraphs (a) to (d) of section 30A(3A) apply,

(b)requirements imposed by the conditions as so varied must be requirements that appear to the relevant officer varying the conditions to be necessary for any of the purposes mentioned in paragraphs (a) to (d) of section 30A(3B), and

(c)the relevant officer who varies the conditions must give the person notice in writing of the variation.

(4)Power under subsection (1) to vary conditions is, subject to subsection (3)(a) and (b), power—

(a)to vary or rescind any of the conditions, and

(b)to impose further conditions.

(5)In this section “relevant officer”, in relation to a designated police station, means a custody officer but, in relation to any other police station—

(a)means a constable F92... who is not involved in the investigation of the offence for which the person making the request under subsection (1) was under arrest when granted bail under section 30A(1), if such a constable F93... is readily available, and

(b)if no such constable F94... is readily available—

(i)means a constable other than the one who granted bail to the person, if such a constable is readily available, and

(ii)if no such constable is readily available, means the constable who granted bail.

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Amendments (Textual)

Modifications etc. (not altering text)

30CBBail under section 30A: variation of conditions by courtE+W

(1)Where a person released on bail under section 30A(1) is on bail subject to conditions, a magistrates' court may, on an application by or on behalf of the person, vary the conditions if—

(a)the conditions have been varied under section 30CA(1) since being imposed under section 30A(3B),

(b)a request for variation under section 30CA(1) of the conditions has been made and refused, or

(c)a request for variation under section 30CA(1) of the conditions has been made and the period of 48 hours beginning with the day when the request was made has expired without the request having been withdrawn or the conditions having been varied in response to the request.

(2)In proceedings on an application for a variation under subsection (1), a ground may not be relied upon unless—

(a)in a case falling within subsection (1)(a), the ground was relied upon in the request in response to which the conditions were varied under section 30CA(1), or

(b)in a case falling within paragraph (b) or (c) of subsection (1), the ground was relied upon in the request mentioned in that paragraph,

but this does not prevent the court, when deciding the application, from considering different grounds arising out of a change in circumstances that has occurred since the making of the application.

(3)Where conditions of bail granted to a person under section 30A(1) are varied under subsection (1)—

(a)paragraphs (a) to (d) of section 30A(3A) apply,

(b)requirements imposed by the conditions as so varied must be requirements that appear to the court varying the conditions to be necessary for any of the purposes mentioned in paragraphs (a) to (d) of section 30A(3B), and

(c)that bail shall not lapse but shall continue subject to the conditions as so varied.

(4)Power under subsection (1) to vary conditions is, subject to subsection (3)(a) and (b), power—

(a)to vary or rescind any of the conditions, and

(b)to impose further conditions.]

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Amendments (Textual)

Modifications etc. (not altering text)

30DFailure to answer to bail under section 30AE+W

(1)A constable may arrest without a warrant a person who—

(a)has been released on bail under section 30A subject to a requirement to attend a specified police station, but

(b)fails to attend the police station at the specified time.

(2)A person arrested under subsection (1) must be taken to a police station (which may be the specified police station or any other police station) as soon as practicable after the arrest.

[F95(2A)A person who has been released on bail under section 30A may be arrested without a warrant by a constable if the constable has reasonable grounds for suspecting that the person has broken any of the conditions of bail.

(2B)A person arrested under subsection (2A) must be taken to a police station (which may be the specified police station mentioned in subsection (1) or any other police station) as soon as practicable after the arrest.]

F95(3)In subsection (1), “specified” means specified in a notice under subsection (1) or (5) of section 30B or, if notice of change has been given under subsection (7) of that section, in that notice.

(4)For the purposes of—

(a)section 30 (subject to the [F96obligations in subsections (2) and (2B)]F96), and

(b)section 31,

an arrest under this section is to be treated as an arrest for an offence.]

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Amendments (Textual)

Modifications etc. (not altering text)

31 Arrest for further offence. E+W

Where—

(a)a person—

(i)has been arrested for an offence; and

(ii)is at a police station in consequence of that arrest; and

(b)it appears to a constable that, if he were released from that arrest, he would be liable to arrest for some other offence,

he shall be arrested for that other offence.

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Modifications etc. (not altering text)

C97Ss. 8, 9, 15, 16, 17(1)(b) (2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2

32 Search upon arrest.E+W

(1)A constable may search an arrested person, in any case where the person to be searched has been arrested at a place other than a police station, if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others.

(2)Subject to subsections (3) to (5) below, a constable shall also have power in any such case—

(a)to search the arrested person for anything—

(i)which he might use to assist him to escape from lawful custody; or

(ii)which might be evidence relating to an offence; and

[F97(b)if the offence for which he has been arrested is an indictable offence, to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence.]

F97(3)The power to search conferred by subsection (2) above is only a power to search to the extent that is reasonably required for the purpose of discovering any such thing or any such evidence.

(4)The powers conferred by this section to search a person are not to be construed as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves [F98but they do authorise a search of a person’s mouth].

(5)A constable may not search a person in the exercise of the power conferred by subsection (2)(a) above unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything for which a search is permitted under that paragraph.

(6)A constable may not search premises in the exercise of the power conferred by subsection (2)(b) above unless he has reasonable grounds for believing that there is evidence for which a search is permitted under that paragraph on the premises.

(7)In so far as the power of search conferred by subsection (2)(b) above relates to premises consisting of two or more separate dwellings, it is limited to a power to search—

(a)any dwelling in which the arrest took place or in which the person arrested was immediately before his arrest; and

(b)any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.

(8)A constable searching a person in the exercise of the power conferred by subsection (1) above may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.

(9)A constable searching a person in the exercise of the power conferred by subsection (2)(a) above may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing—

(a)that he might use it to assist him to escape from lawful custody; or

(b)that it is evidence of an offence or has been obtained in consequence of the commission of an offence.

(10)Nothing in this section shall be taken to affect the power conferred by [F99section 43 of the Terrorism Act 2000].

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Amendments (Textual)

F98Words in s. 32(4) inserted (10.4.1995) by 1994 c. 33, s. 59(2); S.I. 1995/721, art. 2, Sch.

F99Words in s. 32(10) substituted (19.2.2001) by 2000 c. 11, ss. 125(1), Sch. 15 para. 5(3) (with s. 29(1)); S.I. 2001/421

Modifications etc. (not altering text)

C99S. 32 modified (3.11.1994) by 1994 c. 33, ss. 166(5), 172(2)(4)

C101Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2

[F10033 Execution of warrant not in possession of constable.E+W

In section 125 of the M19Magistrates’ Courts Act 1980—

(a)in subsection (3), for the words “arrest a person charged with an offence” there shall be substituted the words “which this subsection applies”;

(b)the following subsection shall be added after that subsection—

(4)The warrants to which subsection (3) above applies are—

(a)a warrant to arrest a person in connection with an offence;

(b)without prejudice to paragraph (a) above, a warrant under section 186(3) of the M20Army Act 1955, section 186(3) of the M21Air Force Act 1955, section 105(3) of the M22Naval Discipline Act 1957 or Schedule 5 to the M23Reserve Forces Act 1980 (desertion etc.);

(c)a warrant under—

(i)section 102 or 104 of the M24General Rate Act 1967 (insufficiency of distress);

(ii)section 18(4) of the M25Domestic Proceedings and Magistrates’ Courts Act 1978 (protection of parties to marriage and children of family); and

(iii)section 55, 76, 93 or 97 above.]

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Amendments (Textual)

Marginal Citations

Part IVE+W Detention

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Modifications etc. (not altering text)

C103Pt. IV (ss. 34-52) modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 4(6)(b)(c)(7), 5(9)(b)(c), 6(9)(b)(c); Pt. IV (ss. 34-52) modified by the said S.I. 1993/1813, art. 6, Sch. 3 para. 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 5

Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 7(6)(c) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)

Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 15(2) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)

Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 16(4) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)

Pt. IV (ss. 34-52) modified (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 85(4)(a), 120 (with s. 90); S.I. 2004/827, art. 3(h)

Pt. IV (ss. 34-52) modified (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 97(4)(a), 120 (with s. 100); S.I. 2004/827, art. 3(t)

C104Pt. IV (ss. 34-52) applied (with modifications) (4.4.2005) Criminal Justice Act 2003 (c. 44), ss. 87(3), 336; S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2) (as amended by S.I. 2005/2122, art. 2)

Detention—conditions and durationE+W

34 Limitations on police detention.E+W

(1)A person arrested for an offence shall not be kept in police detention except in accordance with the provisions of this Part of this Act.

(2)Subject to subsection (3) below, if at any time a custody officer—

(a)becomes aware, in relation to any person in police detention, that the grounds for the detention of that person have ceased to apply; and

(b)is not aware of any other grounds on which the continued detention of that person could be justified under the provision of this part of this Act,

it shall be the duty of the custody officer, subject to subsection (4) below, to order his immediate release from custody.

(3)No person in police detention shall be released except on the authority of a custody officer at the police station where his detention was authorised or, if it was authorised at more than one station, a custody officer at the station where it was last authorised.

(4)A person who appears to the custody officer to have been unlawfully at large when he was arrested is not to be released under subsection (2) above.

(5)A person whose release is ordered under subsection (2) above shall be released without bail unless it appears to the custody officer—

(a)that there is a need for further investigation of any matter in connection with which he was detained at any time during that period of his detention; or

[F101(b)that, in respect of any such matter, proceedings may be taken against him or he may be reprimanded or warned under section 65 of the M26Crime and Disorder Act 1998]

and, if it so appears, he shall be released on bail.

(6)For the purposes of this Part of this Act a person arrested under [F102section 6D of the Road Traffic Act 1988F102][F103or section 30(2) of the Transport and Works Act 1992 (c. 42)]F103 is arrested for an offence.

[F104(7)For the purposes of this Part a person who—

(a)attends a police station to answer to bail granted under section 30A,

(b)returns to a police station to answer to bail granted under this Part, or

(c)is arrested under section 30D or 46A,

is to be treated as arrested for an offence and that offence is the offence in connection with which he was granted bail.]

[F105F104(8)Subsection (7) does not apply in relation to a person who is granted bail subject to the duty mentioned in section 47(3)(b) and who either—

(a)attends a police station to answer to such bail, or

(b)is arrested under section 46A for failing to do so,

(provision as to the treatment of such persons for the purposes of this Part being made by section 46ZA).F105]

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Amendments (Textual)

F105S. 34(8) inserted (1.4.2007 for certain purposes, otherwise prosp.) by Police and Justice Act 2006 (c. 48), ss. 46(2), 53; S.I. 2007/709, art. 3(n) (subject to arts. 6, 7)

Modifications etc. (not altering text)

C106Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2

C107S. 34(1)-(5) modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(3).

Marginal Citations

35 Designated police stations.E+W

(1)The chief officer of police for each police area shall designate the police stations in his area which, subject to [F106sections 30(3) and (5), 30A(5) and 30D(2)]F106 , are to be the stations in that area to be used for the purpose of detaining arrested persons.

(2)A chief officer’s duty under subsection (1) above is to designate police stations appearing to him to provide enough accommodation for that purpose.

[F107(2A)The Chief Constable of the British Transport Police Force may designate police stations which (in addition to those designated under subsection (1) above) may be used for the purpose of detaining arrested persons.]

(3)Without prejudice to section 12 of the M27Interpretation Act 1978 (continuity of duties) a chief officer—

(a)may designate a station which was not previously designated; and

(b)may direct that a designation of a station previously made shall cease to operate.

(4)In this Act “designated police station” means a police station for the time being designated under this section.

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Amendments (Textual)

F107S. 35(2A) inserted (14.12.2001) by 2001 c. 24, ss. 101, Sch. 7 para. 12

Modifications etc. (not altering text)

C109Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2

Marginal Citations

36 Custody officers at police stations.E+W

(1)One or more custody officers shall be appointed for each designated police station.

(2)A custody officer for [F108a police station designated under section 35(1) above] shall be appointed—

(a)by the chief officer of police for the area in which the designated police station is situated; or

(b)by such other police officer as the chief officer of police for that area may direct.

[F109(2A)A custody officer for a police station designated under section 35(2A) above shall be appointed—

(a)by the Chief Constable of the British Police Transport Force; or

(b)by such other member of that Force as that Chief Constable may direct.]

[F110(3)No officer may be appointed a custody officer unless the officer is of at least the rank of sergeant.]

F110(4)An officer of any rank may perform the functions of a custody officer at a designated police station if a custody officer is not readily available to perform them.

(5)Subject to the following provisions of this section and to section 39(2) below, none of the functions of a custody officer in relation to a person shall be performed by [F111an officer]F111 who at the time when the function falls to be performed is involved in the investigation of an offence for which that person is in police detention at that time.

(6)Nothing in subsection (5) above is to be taken to prevent a custody officer—

(a)performing any function assigned to custody officers—

(i)by this Act; or

(ii)by a code of practice issued under this Act;

(b)carrying out the duty imposed on custody officers by section 39 below;

(c)doing anything in connection with the identification of a suspect; or

(d)doing anything under [F112sections 7 and 8 of the Road Traffic Act 1988].

(7)Where an arrested person is taken to a police station which is not a designated police station, the functions in relation to him which at a designated police station would be the functions of a custody officer shall be performed—

(a)by an officer F113... who is not involved in the investigation of an offence for which he is in police detention, if [F114such an officer]F114 is readily available; and

(b)if no [F115such officer]F115 is readily available, by the officer who took him to the station or any other officer.

[F116(7A)Subject to subsection (7B), subsection (7) applies where a person attends a police station which is not a designated station to answer to bail granted under section 30A as it applies where a person is taken to such a station.

(7B)Where subsection (7) applies because of subsection (7A), the reference in subsection (7)(b) to the officer who took him to the station is to be read as a reference to the officer who granted him bail.]

F116(8)References to a custody officer in the following provisions of this Act include references to [F117an officer]F117 other than a custody officer who is performing the functions of a custody officer by virtue of subsection (4) or (7) above.

(9)Where by virtue of subsection (7) above an officer of a force maintained by a police authority who took an arrested person to a police station is to perform the functions of a custody officer in relation to him, the officer shall inform an officer who—

(a)is attached to a designated police station; and

(b)is of at least the rank of inspector,

that he is to do so.

(10)The duty imposed by subsection (9) above shall be performed as soon as it is practicable to perform it.

(11)F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F108Words in s. 36(2) substituted (14.12.2001) by 2001 c. 24, s. 107, Sch. 7 para. 13(2)

Modifications etc. (not altering text)

C111Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2

C112S. 36 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(3); s. 36 modified by the said S.I.1993/1813, art. 6, Sch. 3 para. 3(3) as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 4(b)

C115S. 36(7)(8) extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 1(2)(b), 3(2); s. 36(7)(8) extended by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 3(2), 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 4(b), 5

37 Duties of custody officer before charge.E+W

(1)Where—

(a)a person is arrested for an offence—

(i)without a warrant; or

(ii)under a warrant not endorsed for bail, F119. . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the custody officer at each police station where he is detained after his arrest shall determine whether he has before him sufficient evidence to charge that person with the offence for which he was arrested and may detain him at the police station for such period as is necessary to enable him to do so.

(2)If the custody officer determines that he does not have such evidence before him, the person arrested shall be released either on bail or without bail, unless the custody officer has reasonable grounds for believing that his detention without being charged is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him.

(3)If the custody officer has reasonable grounds for so believing, he may authorise the person arrested to be kept in police detention.

(4)Where a custody officer authorises a person who has not been charged to be kept in police detention, he shall, as soon as is practicable, make a written record of the grounds for the detention.

(5)Subject to subsection (6) below, the written record shall be made in the presence of the person arrested who shall at that time be informed by the custody officer of the grounds for his detention.

(6)Subsection (5) above shall not apply where the person arrested is, at the time when the written record is made—

(a)incapable of understanding what is said to him;

(b)violent or likely to become violent; or

(c)in urgent need of medical attention.

(7)Subject to section 41(7) below, if the custody officer determines that he has before him sufficient evidence to charge the person arrested with the offence for which he was arrested, the person arrested—

[F120(a)[F121 shall be—

(i)released without charge and on bail, or

(ii)kept in police detention,

for the purpose]F121 of enabling the Director of Public Prosecutions to make a decision under section 37B below,

(b)shall be released without charge and on bail but not for that purpose,

(c)shall be released without charge and without bail, or

(d)shall be charged.]

[F122F120(7A)The decision as to how a person is to be dealt with under subsection (7) above shall be that of the custody officer.

(7B)Where a person is [F123dealt with under subsection (7)(a)]F123 above, it shall be the duty of the custody officer to inform him that he is being released [F124, or (as the case may be) detained,]F124 to enable the Director of Public Prosecutions to make a decision under section 37B below.]

F122(8)Where—

(a)a person is released under subsection (7)(b) [F125or (c)]F125 above; and

(b)at the time of his release a decision whether he should be prosecuted for the offence for which he was arrested has not been taken,

it shall be the duty of the custody officer so to inform him.

[F126(8A)Subsection (8B) applies if the offence for which the person is arrested is one in relation to which a sample could be taken under section 63B below and the custody officer—

(a)is required in pursuance of subsection (2) above to release the person arrested and decides to release him on bail, or

(b)decides in pursuance of subsection (7)(a) or (b) above to release the person without charge and on bail.

(8B)The detention of the person may be continued to enable a sample to be taken under section 63B, but this subsection does not permit a person to be detained for a period of more than 24 hours after the relevant time.]

F126(9)If the person arrested is not in a fit state to be dealt with under subsection (7) above, he may be kept in police detention until he is.

(10)The duty imposed on the custody officer under subsection (1) above shall be carried out by him as soon as practicable after the person arrested arrives at the police station or, in the case of a person arrested at the police station, as soon as practicable after the arrest.

F127(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F127(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F127(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F127(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15)In this Part of this Act—

  • arrested juvenile” means a person arrested with or without a warrant who appears to be under the age of 17 F128 . . .;

  • endorsed for bail” means endorsed with a direction for bail in accordance with section 117(2) of the M28Magistrates’ Courts Act 1980.

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Amendments (Textual)

F119S. 37(1)(b) and the word "or" preceeding it repealed (10.4.1995) by 1994 c. 33, ss. 29(4)(a)(5), 168(3), Sch.11; S.I. 1995/721, art. 2, Sch. AppendixB

Modifications etc. (not altering text)

C116Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

C117S. 37 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 3(3), 4(4)(a), 5(7)(a), 6(7)(a); s. 37 modified by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 4, 5, 6 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 5, 6, 7

Marginal Citations

[F12937AGuidanceE+W

(1)The Director of Public Prosecutions may issue guidance—

(a)for the purpose of enabling custody officers to decide how persons should be dealt with under section 37(7) above or 37C(2) [F130or 37CA(2)]F130 below, and

(b)as to the information to be sent to the Director of Public Prosecutions under section 37B(1) below.

(2)The Director of Public Prosecutions may from time to time revise guidance issued under this section.

(3)Custody officers are to have regard to guidance under this section in deciding how persons should be dealt with under section 37(7) above or 37C(2) [F131or 37CA(2)]F131 below.

(4)A report under section 9 of the Prosecution of Offences Act 1985 (report by DPP to Attorney General) must set out the provisions of any guidance issued, and any revisions to guidance made, in the year to which the report relates.

(5)The Director of Public Prosecutions must publish in such manner as he thinks fit—

(a)any guidance issued under this section, and

(b)any revisions made to such guidance.

(6)Guidance under this section may make different provision for different cases, circumstances or areas.]

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Amendments (Textual)

Modifications etc. (not altering text)

[F13237BConsultation with the Director of Public ProsecutionsE+W

(1)Where a person is [F133dealt with under section 37(7)(a)]F133 above, an officer involved in the investigation of the offence shall, as soon as is practicable, send to the Director of Public Prosecutions such information as may be specified in guidance under section 37A above.

(2)The Director of Public Prosecutions shall decide whether there is sufficient evidence to charge the person with an offence.

(3)If he decides that there is sufficient evidence to charge the person with an offence, he shall decide—

(a)whether or not the person should be charged and, if so, the offence with which he should be charged, and

(b)whether or not the person should be given a caution and, if so, the offence in respect of which he should be given a caution.

(4)The Director of Public Prosecutions [F134shall give notice]F134 of his decision to an officer involved in the investigation of the offence.

[F135(4A)Notice under subsection (4) above shall be in writing, but in the case of a person kept in police detention under section 37(7)(a) above it may be given orally in the first instance and confirmed in writing subsequently.]

F135(5)If his decision is—

(a)that there is not sufficient evidence to charge the person with an offence, or

(b)that there is sufficient evidence to charge the person with an offence but that the person should not be charged with an offence or given a caution in respect of an offence,

a custody officer shall give the person notice in writing that he is not to be prosecuted.

(6)If the decision of the Director of Public Prosecutions is that the person should be charged with an offence, or given a caution in respect of an offence, the person shall be charged or cautioned accordingly.

(7)But if his decision is that the person should be given a caution in respect of the offence and it proves not to be possible to give the person such a caution, he shall instead be charged with the offence.

(8)For the purposes of this section, a person is to be charged with an offence either—

[F136(a)when he is in police detention at a police station (whether because he has returned to answer bail, because he is detained under section 37(7)(a) above or for some other reason), or]

F136(b)in accordance with section 29 of the Criminal Justice Act 2003.

(9)In this section “caution” includes—

(a)a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003, and

[F137(aa)a youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998]

F137(b)a warning or reprimand under section 65 [F138of that Act]F138 .]

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Amendments (Textual)

F132S. 37B inserted (29.1.2004 for certain purposes, 3.7.2004 for certain further purposes and 1.10.2007 otherwise) by Criminal Justice Act 2003 (c. 44), ss. 28, 336, Sch. 2 para. 3; S.I. 2004/81, art. 4(1)(2)(c); S.I. 2004/1629, art. 2(1)(2)(b)(c): S.I. 2007/2874, art. 2

F137S. 37B(9)(aa) inserted (16.11.2009 in relation to the areas specified in art. 2(2) of the commencing S.I.) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153, Sch. 26 para. 20(1)(a); S.I. 2009/2780, art. 2

F138Words in s. 37B(9)(b) substituted (16.11.2009 in relation to the areas specified in art. 2(2) of the commencing S.I.) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 153, Sch. 26 para. 20(1)(b); S.I. 2009/2780, art. 2

Modifications etc. (not altering text)

[F13937CBreach of bail following release under section 37(7)(a)E+W

(1)This section applies where—

(a)a person released on bail under section 37(7)(a) above or subsection (2)(b) below is arrested under section 46A below in respect of that bail, and

(b)at the time of his detention following that arrest at the police station mentioned in section 46A(2) below, notice under section 37B(4) above has not been given.

(2)The person arrested—

(a)shall be charged, or

(b)shall be released without charge, either on bail or without bail.

(3)The decision as to how a person is to be dealt with under subsection (2) above shall be that of a custody officer.

(4)A person released on bail under subsection (2)(b) above shall be released on bail subject to the same conditions (if any) which applied immediately before his arrest.]

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Amendments (Textual)

[F14037CABreach of bail following release under section 37(7)(b)E+W

(1)This section applies where a person released on bail under section 37(7)(b) above or subsection (2)(b) below—

(a)is arrested under section 46A below in respect of that bail, and

(b)is being detained following that arrest at the police station mentioned in section 46A(2) below.

(2)The person arrested—

(a)shall be charged, or

(b)shall be released without charge, either on bail or without bail.

(3)The decision as to how a person is to be dealt with under subsection (2) above shall be that of a custody officer.

(4)A person released on bail under subsection (2)(b) above shall be released on bail subject to the same conditions (if any) which applied immediately before his arrest.]

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Amendments (Textual)

[F14137DRelease [F142on bail under section 37]F142: further provisionE+W

(1)Where a person is released on bail under section [F14337, 37C(2)(b) or 37CA(2)(b)]F143 above, a custody officer may subsequently appoint a different time, or an additional time, at which the person is to attend at the police station to answer bail.

(2)The custody officer shall give the person notice in writing of the exercise of the power under subsection (1).

(3)The exercise of the power under subsection (1) shall not affect the conditions (if any) to which bail is subject.

(4)Where a person released on bail under section 37(7)(a) or 37C(2)(b) above returns to a police station to answer bail or is otherwise in police detention at a police station, he may be kept in police detention to enable him to be dealt with in accordance with section 37B or 37C above or to enable the power under subsection (1) above to be exercised.

[F144(4A)Where a person released on bail under section 37(7)(b) or 37CA(2)(b) above returns to a police station to answer bail or is otherwise in police detention at a police station, he may be kept in police detention to enable him to be dealt with in accordance with section 37CA above or to enable the power under subsection (1) above to be exercised.

(5)If the person mentioned in subsection (4) or (4A) above is not in a fit state to enable him to be dealt with as mentioned in that subsection or to enable the power under subsection (1) above to be exercised, he may be kept in police detention until he is.]

F144(6)Where a person is kept in police detention by virtue of subsection (4) [F145, (4A)]F145 or (5) above, section 37(1) to (3) and (7) above (and section 40(8) below so far as it relates to section 37(1) to (3)) shall not apply to the offence in connection with which he was released on bail under section [F14637(7), 37C(2)(b) or 37CA(2)(b)]F146 above.]

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Amendments (Textual)

F142Words in heading to s. 37D substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 9(2); S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)

Modifications etc. (not altering text)

38 Duties of custody officer after charge.E+W

(1)Where a person arrested for an offence otherwise than under a warrant endorsed for bail is charged with an offence, the custody officer shall [F147, subject to section 25 of the Criminal Justice and Public Order Act 1994,] order his release from police detention, either on bail or without bail, unless—

(a)If the person arrested is not an arrested juvenile—

(i)his name or address cannot be ascertained or the custody officer has reasonable grounds for doubting whether a name or address furnished by him as his name or address is his real name or address;

[F148F149(ii)the custody officer has reasonable grounds for believing that the person arrested will fail to appear in court to answer to bail;

(iii)in the case of a person arrested for an imprisonable offence, the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from committing an offence;

[F148(iiia)in a case where a sample may be taken from the person under section 63B below, the custody officer has reasonable grounds for believing that the detention of the person is necessary to enable the sample to be taken from him;]

F148(iv)in the case of a person arrested for an offence which is not an imprisonable offence, the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from causing physical injury to any other person or from causing loss of or damage to property;

(v)the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from interfering with the administration of justice or with the investigation of offences or of a particular offence; or

(vi)the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary for his own protection;]

(b)if he is an arrested juvenile—

(i)any of the requirements of paragraph (a) above is satisfied [F150(but, in the case of paragraph (a)(iiia) above, only if the arrested juvenile has attained the minimum age)]F150 ; or

(ii)the custody officer has reasonable grounds for believing that he ought to be detained in his own interests.

[F151(c)the offence with which the person is charged is murder.]

F151(2)If the release of a person arrested is not required by subsection (1) above, the custody officer may authorise him to be kept in police detention [F152but may not authorise a person to be kept in police detension by virtue of subsection (1)(a)(iiia) after the end of the period of six hours beginning when he was charged with the offence].

[F153(2A)The custody officer, in taking the decisions required by subsection (1)(a) and (b) above (except (a)(i) and (vi) and (b)(ii)), shall have regard to the same considerations as those which a court is required to have regard to in taking the corresponding decisions under paragraph [F1542(1)]F154 of Part I of Schedule 1 to the M29Bail Act 1976 [F155(disregarding paragraph 2(2) of that Part)]F155 .]

(3)Where a custody officer authorises a person who has been charged to be kept in police detention, he shall, as soon as practicable, make a written record of the grounds for the detention.

(4)Subject to subsection (5) below, the written record shall be made in the presence of the person charged who shall at that time be informed by the custody officer of the grounds for his detention.

(5)Subsection (4) above shall not apply where the person charged is, at the time when the written record is made—

(a)incapable of understanding what is said to him;

(b)violent or likely to become violent; or

(c)in urgent need of medical attention.

[F156(6)Where a custody officer authorises an arrested juvenile to be kept in police detention under subsection (1) above, the custody officer shall, unless he certifies—

(a)that, by reason of such circumstances as are specified in the certificate, it is impracticable for him to do so; or

(b)in the case of an arrested juvenile who has attained the [F157age of 12 years], that no secure accommodation is available and that keeping him in other local authority accommodation would not be adequate to protect the public from serious harm from him,

secure that the arrested juvenile is moved to local authority accommodation.]

[F158F156(6A)In this section—

  • local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989);

  • [F159minimum age” means the age specified in [F160section 63B(3)(b) below]F160;]

  • F159secure accommodation” means accommodation provided for the purpose of restricting liberty;

  • [F161sexual offence” means an offence specified in Part 2 of Schedule 15 to the Criminal Justice Act 2003;

  • violent offence” means murder or an offence specified in Part 1 of that Schedule;]

F161and any reference, in relation to an arrested juvenile charged with a violent or sexual offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him.]

[F158(6B)Where an arrested juvenile is moved to local authority accommodation under subsection (6) above, it shall be lawful for any person acting on behalf of the authority to detain him.]

(7)A certificate made under subsection (6) above in respect of an arrested juvenile shall be produced to the court before which he is first brought thereafter.

[F162(7A)In this section “imprisonable offence” has the same meaning as in Schedule 1 to the Bail Act 1976.]

(8)In this Part of this Act “local authority” has the same meaning as in the [F163Children Act 1989].

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Amendments (Textual)

F149S. 38(1)(a)(ii)-(vi) substituted (10.4.1995) for sub-paras (ii)(iii) by 1994 c. 33, s. 28(2); S.I. 1995/721, art. 2, Sch.

F150Words in s. 38(1)(b)(i) inserted (1.8.2004 for certain purposes and 1.12.2005 for further purposes) by Criminal Justice Act 2003 (c. 44), ss. 5(2)(a)(ii), 336; S.I. 2004/1867, art. 2; S.I. 2005/3055, art. 2

F152Words in s. 38(2) inserted (for certain purposes on 20.6.2001, 2.7.2001, 20.5.2002, 2.9.2002, 1.4.2003, 1.4.2004, 1.4.2005 and 1.12.2005) by 2000 c. 43, ss. 57(3)(b), 80(1); S.I. 2001/2232, art. 2(f); S.I. 2002/1149, art. 2; S.I. 2002/1862, art. 2; S.I. 2003/709, art. 2; S.I. 2004/780, art. 2; S.I. 2005/596, art. 2; S.I. 2005/3054, art. 2

F157Words in s. 38(6)(b) substituted (3.2.1995) by 1994 c. 33, s. 24; S.I. 1995/127, art. 2(1), Sch. 1

F159S. 38(6A): definition of "minimum age" inserted (1.8.2004 for certain purposes and 1.12.2005 for further purposes) by Criminal Justice Act 2003 (c. 44), ss. 5(2)(b), 336; S.I. 2004/1867, art. 2; S.I. 2005/3055, art. 2

F160S. 38(6A): words in the definition of "minimum age" substituted (1.12.2005) by Drugs Act 2005 (c. 17), ss. 23(1), 24, Sch. 1 para. 3(b); S.I. 2005/3053, art. 2(1)(f)

F161S. 38(6A): definitions of "sexual offence" and "violent offence" substituted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336, Sch. 32 para. 44; S.I. 2005/950, art. 2(1), Sch. 1 paras. 23, 42(20) (subject to art. 2(2), Sch. 2) (as amended by S.I. 2005/2122, art. 2)

Modifications etc. (not altering text)

Marginal Citations

39 Responsibilities in relation to persons detained.E+W

(1)Subject to subsections (2) and (4) below, it shall be the duty of the custody officer at a police station to ensure—

(a)that all persons in police detention at that station are treated in accordance with this Act and any code of practice issued under it and relating to the treatment of persons in police detention; and

(b)that all matters relating to such persons which are required by this Act or by such codes of practice to be recorded are recorded in the custody records relating to such persons.

(2)If the custody officer, in accordance with any code of practice issued under this Act, transfers or permits the transfer of a person in police detention—

(a)to the custody of a police officer investigating an offence for which that person is in police detention; or

(b)to the custody of an officer who has charge of that person outside the police station,

the custody officer shall cease in relation to that person to be subject to the duty imposed on him by subsection (1)(a) above; and it shall be the duty of the officer to whom the transfer is made to ensure that he is treated in accordance with the provisions of this Act and of any such codes of practice as are mentioned in subsection (1) above.

(3)If the person detained is subsequently returned to the custody officer, it shall be the duty of the officer investigating the offence to report to the custody officer as to the manner in which this section and the codes of practice have been complied with while that person was in his custody.

(4)If an arrested juvenile is [F164moved to local authority accommodation] under section 38(6) above, the custody officer shall cease in relation to that person to be subject to the duty imposed on him by subsection (1) above.

F165(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where—

(a)an officer of higher rank than the custody officer F166... gives directions relating to a person in police detention; and

(b)the directions are at variance—

(i)with any decision made or action taken by the custody officer in the performance of a duty imposed on him under this Part of this Act; or

(ii)with any decision or action which would but for the directions have been made or taken by him in the performance of such a duty,

the custody officer shall refer the matter at once to an officer of the rank of superintendent or above who is responsible for the police station for which the custody officer is acting as custody officer.

(7)F167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Modifications etc. (not altering text)

C128Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

C129S. 39 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(3).

S. 39 extended (27.7.1999) by 1999 c. 23, ss. 61(3), 68(4)(e) (with s. 63(2), Sch. 7 paras. 3(3), 5(2))

40 Review of police detention.E+W

(1)Reviews of the detention of each person in police detention in connection with the investigation of an offence shall be carried out periodically in accordance with the following provisions of this section—

(a)in the case of a person who has been arrested and charged, by the custody officer; and

(b)in the case of a person who has been arrested but not charged, by an officer of at least the rank of inspector who has not been directly involved in the investigation.

(2)The officer to whom it falls to carry out a review is referred to in this section as a “review officer”.

(3)Subject to subsection (4) below—

(a)the first review shall be not later than six hours after the detention was first authorised;

(b)the second review shall be not later than nine hours after the first;

(c)subsequent reviews shall be at intervals of not more than nine hours.

(4)A review may be postponed—

(a)if, having regard to all the circumstances prevailing at the latest time for it specified in subsection (3) above, it is not practicable to carry out the review at that time;

(b)without prejudice to the generality of paragraph (a) above—

(i)if at that time the person in detention is being questioned by a police officer and the review officer is satisfied that an interruption of the questioning for the purpose of carrying out the review would prejudice the investigation in connection with which he is being questioned; or

(ii)if at that time no review officer is readily available.

(5)If a review is postponed under subsection (4) above it shall be carried out as soon as practicable after the latest time specified for it in subsection (3) above.

(6)If a review is carried out after postponement under subsection (4) above, the fact that it was so carried out shall not affect any requirement of this section as to the time at which any subsequent review is to be carried out.

(7)The review officer shall record the reasons for any postponement of a review in the custody record.

(8)Subject to subsection (9) below, where the person whose detention is under review has not been charged before the time of the review, section 37(1) to (6) above shall have effect in relation to him, but with [F168the modifications specified in subsection (8A)F168]

[F169(8A)The modifications are—

(a)the substitution of references to the person whose detention is under review for references to the person arrested;

(b)the substitution of references to the review officer for references to the custody officer; and

(c)in subsection (6), the insertion of the following paragraph after paragraph (a)—

“(aa)asleep;”]

F169(9)Where a person has been kept in police detention by virtue of section 37(9) [F170or 37D(5)]F170 above, section 37(1) to (6) shall not have effect in relation to him but it shall be the duty of the review officer to determine whether he is yet in a fit state.

(10)Where the person whose detention is under review has been charged before the time of the review, section 38(1) to [F171(6B)]F171 above shall have effect in relation to him, but with [F172the modifications specified in subsection (10A)]F172 .

[F173(10A)The modifications are—

(a)the substitution of a reference to the person whose detention is under review for any reference to the person arrested or to the person charged; and

(b)in subsection (5), the insertion of the following paragraph after paragraph (a)—

“(aa)asleep;”]

F173(11)Where—

(a)an officer of higher rank than the review officer gives directions relating to a person in police detention; and

(b)the directions are at variance—

(i)with any decision made or action taken by the review officer in the performance of a duty imposed on him under this Part of this Act; or

(ii)with any decision or action which would but for the directions have been made or taken by him in the performance of such a duty,

the review officer shall refer the matter at once to an officer of the rank of superintendent or above who is responsible for the police station for which the review officer is acting as review officer in connection with the detention.

(12)Before determining whether to authorise a person’s continued detention the review officer shall give—

(a)that person (unless he is asleep); or

(b)any solicitor representing him who is available at the time of the review,

an opportunity to make representations to him about the detention.

(13)Subject to subsection (14) below, the person whose detention is under review or his solicitor may make representations under subsection (12) above either orally or in writing.

(14)The review officer may refuse to hear oral representations from the person whose detention is under review if he considers that he is unfit to make such representations by reason of his condition or behaviour.

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Amendments (Textual)

F168Words in s. 40(8) substituted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. {52(1)}, 108(2)-(5); S.I. 2003/808, art. 2(d)

F169S. 40(8A) inserted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. {52(2)}, 108(2)-(5); S.I. 2003/808, art. 2(d)

F171Word in s. 40(10) substituted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. {52(3)(a)}, 108(2)-(5); S.I. 2003/808, art. 2(d)

F172Words in s. 40(10) substituted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. {52(3)(b)}, 108(2)-(5); S.I. 2003/808, art. 2(d)

F173S. 40(10A) inserted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. {52(4)}, 108(2)-(5); S.I. 2003/808, art. 2(d)

Modifications etc. (not altering text)

C132Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

C133S. 40 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 3(3), 4(4)(b), 5(7)(b), 6(7)(b); s. 40 modified by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 4, 5, 6 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 5, 6, 7

C134S. 40 applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(4) (as inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1), 53 (with s. 18(2)); S.I. 2007/1614, art. 2(e))

C135S. 40(13) amended by S.I. 1991/2684, arts. 1, 2, 4 and Sch.1

[F17440A Use of telephone for review under s. 40E+W

[F175(1)A review under section 40(1)(b) may be carried out by means of a discussion, conducted by telephone, with one or more persons at the police station where the arrested person is held.

(2)But subsection (1) does not apply if—

(a)the review is of a kind authorised by regulations under section 45A to be carried out using video-conferencing facilities; and

(b)it is reasonably practicable to carry it out in accordance with those regulations.]

F175(3)Where any review is carried out under this section by an officer who is not present at the station where the arrested person is held—

(a)any obligation of that officer to make a record in connection with the carrying out of the review shall have effect as an obligation to cause another officer to make the record;

(b)any requirement for the record to be made in the presence of the arrested person shall apply to the making of that record by that other officer; and

(c)the requirements under section 40(12) and (13) above for—

(i)the arrested person, or

(ii)a solicitor representing him,

to be given any opportunity to make representations (whether in writing or orally) to that officer shall have effect as a requirement for that person, or such a solicitor, to be given an opportunity to make representations in a manner authorised by subsection (4) below.

(4)Representations are made in a manner authorised by this subsection—

(a)in a case where facilities exist for the immediate transmission of written representations to the officer carrying out the review, if they are made either—

(i)orally by telephone to that officer; or

(ii)in writing to that officer by means of those facilities;

and

(b)in any other case, if they are made orally by telephone to that officer.

(5)In this section “video-conferencing facilities” has the same meaning as in section 45A below.]

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Amendments (Textual)

41 Limits on period of detention without charge.E+W

(1)Subject to the following provisions of this section and to sections 42 and 43 below, a person shall not be kept in police detention for more than 24 hours without being charged.

(2)The time from which the period of detention of a person is to be calculated (in this Act referred to as “the relevant time”)—

(a)in the case of a person to whom this paragraph applies, shall be—

(i)the time at which that person arrives at the relevant police station; or

(ii)the time 24 hours after the time of that person’s arrest,

whichever is the earlier;

(b)in the case of a person arrested outside England and Wales, shall be—

(i)the time at which that person arrives at the first police station to which he is taken in the police area in England or Wales in which the offence for which he was arrested is being investigated; or

(ii)the time 24 hours after the time of that person’s entry into England and Wales,

whichever is the earlier;

(c)in the case of a person who—

(i)attends voluntarily at a police station; or

(ii)accompanies a constable to a police station without having been arrested,

and is arrested at the police station, the time of his arrest;

[F176(ca)in the case of a person who attends a police station to answer to bail granted under section 30A, the time when he arrives at the police station;]

F176(d)in any other case, except where subsection (5) below applies, shall be the time at which the person arrested arrives at the first police station to which he is taken after his arrest.

(3)Subsection (2)(a) above applies to a person if—

(a)his arrest is sought in one police area in England and Wales;

(b)he is arrested in another police area; and

(c)he is not questioned in the area in which he is arrested in order to obtain evidence in relation to an offence for which he is arrested;

and in sub-paragraph (i) of that paragraph “the relevant police station” means the first police station to which he is taken in the police area in which his arrest was sought.

(4)Subsection (2) above shall have effect in relation to a person arrested under section 31 above as if every reference in it to his arrest or his being arrested were a reference to his arrest or his being arrested for the offence for which he was originally arrested.

(5)If—

(a)a person is in police detention in a police area in England and Wales (“the first area”); and

(b)his arrest for an offence is sought in some other police area in England and Wales (“the second area”); and

(c)he is taken to the second area for the purposes of investigating that offence, without being questioned in the first area in order to obtain evidence in relation to it,

the relevant time shall be—

(i)the time 24 hours after he leaves the place where he is detained in the first area; or

(ii)the time at which he arrives at the first police station to which he is taken in the second area,

whichever is the earlier.

(6)When a person who is in police detention is removed to hospital because he is in need of medical treatment, any time during which he is being questioned in hospital or on the way there or back by a police officer for the purpose of obtaining evidence relating to an offence shall be included in any period which falls to be calculated for the purposes of this Part of this Act, but any other time while he is in hospital or on his way there or back shall not be so included.

(7)Subject to subsection (8) below, a person who at the expiry of 24 hours after the relevant time is in police detention and has not been charged shall be released at that time either on bail or without bail.

(8)Subsection (7) above does not apply to a person whose detention for more than 24 hours after the relevant time has been authorised or is otherwise permitted in accordance with section 42 or 43 below.

(9)A person released under subsection (7) above shall not be re-arrested without a warrant for the offence for which he was previously arrested unless new evidence justifying a further arrest has come to light since his release [F177; but this subsection does not prevent an arrest under section 46A below.]

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Amendments (Textual)

F177Words in s. 41(9) inserted (10.4.1995) by 1994 c. 33, s. 29(4)(b)(5); S.I. 1995/721, art. 2,Sch.

Modifications etc. (not altering text)

C136Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

C137S. 41 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 2(6); s. 41 extended by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 2, 5, 6 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 3, 6, 7

S. 41 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 3(3), 4(4)(b), 5(7)(b), 6(7)(b); s. 41 modified by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 4, 5, 6 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 5, 6, 7

42 Authorisation of continued detention.E+W

(1)Where a police officer of the rank of superintendent or above who is responsible for the police station at which a person is detained has reasonable grounds for believing that—

(a)the detention of that person without charge is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him;

[F178(b)an offence for which he is under arrest is an [F179indictable]F179 offence; and]

F178(c)the investigation is being conducted diligently and expeditiously,

he may authorise the keeping of that person in police detention for a period expiring at or before 36 hours after the relevant time.

(2)Where an officer such as is mentioned in subsection (1) above has authorised the keeping of a person in police detention for a period expiring less than 36 hours after the relevant time, such an officer may authorise the keeping of that person in police detention for a further period expiring not more than 36 hours after that time if the conditions specified in subsection (1) above are still satisfied when he gives the authorisation.

(3)If it is proposed to transfer a person in police detention to another police area, the officer determining whether or not to authorise keeping him in detention under subsection (1) above shall have regard to the distance and the time the journey would take.

(4)No authorisation under subsection (1) above shall be given in respect of any person—

(a)more than 24 hours after the relevant time; or

(b)before the second review of his detention under section 40 above has been carried out.

(5)Where an officer authorises the keeping of a person in police detention under subsection (1) above, it shall be his duty—

(a)to inform that person of the grounds for his continued detention; and

(b)to record the grounds in that person’s custody record.

(6)Before determining whether to authorise the keeping of a person in detention under subsection (1) or (2) above, an officer shall give—

(a)that person; or

(b)any solicitor representing him who is available at the time when it falls to the officer to determine whether to give the authorisation,

an opportunity to make representations to him about the detention.

(7)Subject to subsection (8) below, the person in detention or his solicitor may make representations under subsection (6) above either orally or in writing.

(8)The officer to whom it falls to determine whether to give the authorisation may refuse to hear oral representations from the person in detention if he considers that he is unfit to make such representations by reason of his condition or behaviour.

(9)Where—

(a)an officer authorises the keeping of a person in detention under subsection (1) above; and

(b)at the time of the authorisation he has not yet exercised a right conferred on him by section 56 or 58 below,

the officer—

(i)shall inform him of that right;

(ii)shall decide whether he should be permitted to exercise it;

(iii)shall record the decision in his custody record; and

(iv)if the decision is to refuse to permit the exercise of the right, shall also record the grounds for the decision in that record.

(10)Where an officer has authorised the keeping of a person who has not been charged in detention under subsection (1) or (2) above, he shall be released from detention, either on bail or without bail, not later than 36 hours after the relevant time, unless—

(a)he has been charged with an offence; or

(b)his continued detention is authorised or otherwise permitted in accordance with section 43 below.

(11)A person released under subsection (10) above shall not be re-arrested without a warrant for the offence for which he was previously arrested unless new evidence justifying a further arrest has come to light since his release [F180; but this subsection does not prevent an arrest under section 46A below.]

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Amendments (Textual)

F180Words in s. 42(11) inserted (10.4.1995) by 1994 c. 33, s. 29(4)(b)(5); S.I. 1995/721, art. 2, Sch.

Modifications etc. (not altering text)

C138Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

C139s. 42 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 3(3), 4(4)(b), 5(7)(b), 6(7)(b); s. 42 modified by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 4, 5, 6 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 5, 6, 7

C140S. 42(7) amended by S.I. 1991/2684, arts. 1, 2, 4 and Sch. 1

43 Warrants of further detention. E+W

(1)Where, on an application on oath made by a constable and supported by an information, a magistrates’ court is satisfied that there are reasonable grounds for believing that the further detention of the person to whom the application relates is justified, it may issue a warrant of further detention authorising the keeping of that person in police detention.

(2)A court may not hear an application for a warrant of further detention unless the person to whom the application relates—

(a)has been furnished with a copy of the information; and

(b)has been brought before the court for the hearing.

(3)The person to whom the application relates shall be entitled to be legally represented at the hearing and, if he is not so represented but wishes to be so represented—

(a)the court shall adjourn the hearing to enable him to obtain representation; and

(b)he may be kept in police detention during the adjournment.

(4)A person’s further detention is only justified for the purposes of this section or section 44 below if—

(a)his detention without charge is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him;

(b)an offence for which he is under arrest is [F181an indictable offence]F181 ; and

(c)the investigation is being conducted diligently and expeditiously.

(5)Subject to subsection (7) below, an application for a warrant of further detention may be made—

(a)at any time before the expiry of 36 hours after the relevant time; or

(b)in a case where—

(i)it is not practicable for the magistrates’ court to which the application will be made to sit at the expiry of 36 hours after the relevant time; but

(ii)the court will sit during the 6 hours following the end of that period,

at any time before the expiry of the said 6 hours.

(6)In a case to which subsection (5)(b) above applies—

(a)the person to whom the application relates may be kept in police detention until the application is heard; and

(b)the custody officer shall make a note in that person’s custody record—

(i)of the fact that he was kept in police detention for more than 36 hours after the relevant time; and

(ii)of the reason why he was so kept.

(7)If—

(a)an application for a warrant of further detention is made after the expiry of 36 hours after the relevant time; and

(b)it appears to the magistrates’ court that it would have been reasonable for the police to make it before the expiry of that period,

the court shall dismiss the application.

(8)Where on an application such as is mentioned in subsection (1) above a magistrates’ court is not satisfied that there are reasonable grounds for believing that the further detention of the person to whom the application relates is justified, it shall be its duty—

(a)to refuse the application; or

(b)to adjourn the hearing of it until a time not later than 36 hours after the relevant time.

(9)The person to whom the application relates may be kept in police detention during the adjournment.

(10)A warrant of further detention shall—

(a)state the time at which it is issued;

(b)authorise the keeping in police detention of the person to whom it relates for the period stated in it.

(11)Subject to subsection (12) below, the period stated in a warrant of further detention shall be such period as the magistrates’ court thinks fit, having regard to the evidence before it.

(12)The period shall not be longer than 36 hours.

(13)If it is proposed to transfer a person in police detention to a police area other than that in which he is detained when the application for a warrant of further detention is made, the court hearing the application shall have regard to the distance and the time the journey would take.

(14)Any information submitted in support of an application under this section shall state—

(a)the nature of the offence for which the person to whom the application relates has been arrested;

(b)the general nature of the evidence on which that person was arrested;

(c)what inquiries relating to the offence have been made by the police and what further inquiries are proposed by them;

(d)the reasons for believing the continued detention of that person to be necessary for the purposes of such further inquiries.

(15)Where an application under this section is refused, the person to whom the application relates shall forthwith be charged or, subject to subsection (16) below, released, either on bail or without bail.

(16)A person need not be released under subsection (15) above—

(a)before the expiry of 24 hours after the relevant time; or

(b)before the expiry of any longer period for which his continued detention is or has been authorised under section 42 above.

(17)Where an application under this section is refused, no further application shall be made under this section in respect of the person to whom the refusal relates, unless supported by evidence which has come to light since the refusal.

(18)Where a warrant of further detention is issued, the person to whom it relates shall be released from police detention, either on bail or without bail, upon or before the expiry of the warrant unless he is charged.

(19)A person released under subsection (18) above shall not be re-arrested without a warrant for the offence for which he was previously arrested unless new evidence justifying a further arrest has come to light since his release [F182; but this subsection does not prevent an arrest under section 46A below.]

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Amendments (Textual)

F182Words in s. 43(19) inserted (10.4.1995) by 1994 c. 33, s. 29(4)(b)(5); S.I. 1995/721, art. 2, Sch.

Modifications etc. (not altering text)

C141Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

C142S. 43 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 4(4)(b), 5(7)(b), 6(7)(b); s. 43 modified by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 4, 5, 6 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 5, 6, 7

44 Extension of warrants of further detention.E+W

(1)On an application on oath made by a constable and supported by an information a magistrates’ court may extend a warrant of further detention issued under section 43 above if it is satisfied that there are reasonable grounds for believing that the further detention of the person to whom the application relates is justified.

(2)Subject to subsection (3) below, the period for which a warrant of further detention may be extended shall be such period as the court thinks fit, having regard to the evidence before it.

(3)The period shall not—

(a)be longer than 36 hours; or

(b)end later than 96 hours after the relevant time.

(4)Where a warrant of further detention has been extended under subsection (1) above, or further extended under this subsection, for a period ending before 96 hours after the relevant time, on an application such as is mentioned in that subsection a magistrates’ court may further extend the warrant if it is satisfied as there mentioned; and subsections (2) and (3) above apply to such further extensions as they apply to extensions under subsection (1) above.

(5)A warrant of further detention shall, if extended or further extended under this section, be endorsed with a note of the period of the extension.

(6)Subsections (2), (3) and (14) of section 43 above shall apply to an application made under this section as they apply to an application made under that section.

(7)Where an application under this section is refused, the person to whom the application relates shall forthwith be charged or, subject to subsection (8) below, released, either on bail or without bail.

(8)A person need not be released under subsection (7) above before the expiry of any period for which a warrant of further detention issued in relation to him has been extended or further extended on an earlier application made under this section.

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Modifications etc. (not altering text)

C143Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

45 Detention before charge—supplementary.E+W

(1)In sections 43 and 44 of this Act “magistrates’ court” means a court consisting of two or more justices of the peace sitting otherwise than in open court.

(2)Any reference in this Part of this Act to a period of time or a time of day is to be treated as approximate only.

Detention—miscellaneousE+W

[F18345A Use of video-conferencing facilities for decisions about detentionE+W

(1)Subject to the following provisions of this section, the Secretary of State may by regulations provide that, in the case of an arrested person who is held in a police station, some or all of the functions mentioned in subsection (2) may be performed (notwithstanding anything in the preceding provisions of this Part) by an officer who—

(a)is not present in that police station; but

(b)has access to the use of video-conferencing facilities that enable him to communicate with persons in that station.

(2)Those functions are—

(a)the functions in relation to an arrested person taken to [F184, or answering to bail at,]F184 a police station that is not a designated police station which, in the case of an arrested person taken to a station that is a designated police station, are functions of a custody officer under section 37, 38 or 40 above; and

(b)the function of carrying out a review under section 40(1)(b) above (review, by an officer of at least the rank of inspector, of the detention of person arrested but not charged).

(3)Regulations under this section shall specify the use to be made in the performance of the functions mentioned in subsection (2) above of the facilities mentioned in subsection (1) above.

(4)Regulations under this section shall not authorise the performance of any of the functions mentioned in subsection (2)(a) above by such an officer as is mentioned in subsection (1) above unless he is a custody officer for a designated police station.

(5)Where any functions mentioned in subsection (2) above are performed in a manner authorised by regulations under this section—

(a)any obligation of the officer performing those functions to make a record in connection with the performance of those functions shall have effect as an obligation to cause another officer to make the record; and

(b)any requirement for the record to be made in the presence of the arrested person shall apply to the making of that record by that other officer.

(6)Where the functions mentioned in subsection (2)(b) are performed in a manner authorised by regulations under this section, the requirements under section 40(12) and (13) above for—

(a)the arrested person, or

(b)a solicitor representing him,

to be given any opportunity to make representations (whether in writing or orally) to the person performing those functions shall have effect as a requirement for that person, or such a solicitor, to be given an opportunity to make representations in a manner authorised by subsection (7) below.

(7)Representations are made in a manner authorised by this subsection—

(a)in a case where facilities exist for the immediate transmission of written representations to the officer performing the functions, if they are made either—

(i)orally to that officer by means of the video-conferencing facilities used by him for performing those functions; or

(ii)in writing to that officer by means of the facilities available for the immediate transmission of the representations;

and

(b)in any other case if they are made orally to that officer by means of the video-conferencing facilities used by him for performing the functions.

(8)Regulations under this section may make different provision for different cases and may be made so as to have effect in relation only to the police stations specified or described in the regulations.

(9)Regulations under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10)Any reference in this section to video-conferencing facilities, in relation to any functions, is a reference to any facilities (whether a live television link or other facilities) by means of which the functions may be performed with the officer performing them, the person in relation to whom they are performed and any legal representative of that person all able to both see and to hear each other.]

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Amendments (Textual)

46 Detention after charge.E+W

(1)Where a person—

(a)is charged with an offence; and

(b)after being charged—

(i)is kept in police detention; or

(ii)is detained by a local authority in pursuance of arrangements made under section 38(6) above,

he shall be brought before a magistrates’ court in accordance with the provisions of this section.

(2)If he is to be brought before a magistrates’ court [F185in the local justice]F185 area in which the police station at which he was charged is situated, he shall be brought before such a court as soon as is practicable and in any event not later than the first sitting after he is charged with the offence.

(3)If no magistrates’ court [F186in that area]F186 is due to sit either on the day on which he is charged or on the next day, the custody officer for the police station at which he was charged shall inform the [F187designated officer]F187for the area that there is a person in the area to whom subsection (2) above applies.

(4)If the person charged is to be brought before a magistrates’ court [F188in a local justice]F188 area other than that in which the police station at which he was charged is situated, he shall be removed to that area as soon as is practicable and brought before such a court as soon as is practicable after his arrival in the area and in any event not later than the first sitting of a magistrates’ court [F189in that area]F189 after his arrival in the area.

(5)If no magistrates’ court [F190in that area]F190 is due to sit either on the day on which he arrives in the area or on the next day—

(a)he shall be taken to a police station in the area; and

(b)the custody officer at that station shall inform the [F191designated officer]F191 for the area that there is a person in the area to whom subsection (4) applies.

(6)Subject to subsection (8) below, where [F192the designated officer for a local justice]F192 area has been informed—

(a)under subsection (3) above that there is a person in the area to whom subsection (2) above applies; or

(b)under subsection (5) above that there is a person in the area to whom subsection (4) above applies,

[F193the designated officer]F193 shall arrange for a magistrates’ court to sit not later than the day next following the relevant day.

(7)In this section “the relevant day”—

(a)in relation to a person who is to be brought before a magistrates’ court [F194in the local justice]F194 area in which the police station at which he was charged is situated, means the day on which he was charged; and

(b)in relation to a person who is to be brought before a magistrates’ court [F195in any other local justice]F195 area, means the day on which he arrives in the area.

(8)Where the day next following the relevant day is Christmas Day, Good Friday or a Sunday, the duty of the [F196designated officer]F196 under subsection (6) above is a duty to arrange for a magistrates’ court to sit not later than the first day after the relevant day which is not one of those days.

(9)Nothing in this section requires a person who is in hospital to be brought before a court if he is not well enough.

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Amendments (Textual)

Modifications etc. (not altering text)

[F19746ZAPersons granted live link bailE+W

(1)This section applies in relation to bail granted under this Part subject to the duty mentioned in section 47(3)(b)(“live link bail”).

(2)An accused person who attends a police station to answer to live link bail is not to be treated as in police detention for the purposes of this Act.

(3)Subsection (2) does not apply in relation to an accused person if—

(a)

[F198at any time before the beginning of proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 in relation to him, he informs a constable that he does not intend to give his consent to the direction;]

F198F198(b)[F199at any time before the beginning of proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 in relation to the accused person,]F199 a constable informs him that a live link will not be available for his use for the purposes of that section;

(c)

[F200proceedings in relation to a live link direction under that section have begun but he does not give his consent to the direction; or]

F200F200(d)the court determines for [F201any reason]F201 not to give such a direction.

(4)If [F202paragraph (b) or (d) of subsection (3) applies]F202 in relation to a person, he is to be treated for the purposes of this Part—

(a)as if he had been arrested for and charged with the offence in connection with which he was granted bail, and

(b)as if he had been so charged at the time when that paragraph first applied in relation to him.

(5)An accused person who is arrested under section 46A for failing to attend at a police station to answer to live link bail, and who is brought to a police station in accordance with that section, is to be treated for the purposes of this Part—

(a)as if he had been arrested for and charged with the offence in connection with which he was granted bail, and

(b)as if he had been so charged at the time when he is brought to the station.

(6)Nothing in subsection (4) or (5) affects the operation of section 47(6).]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F197S. 46ZA inserted (1.4.2007 for certain purposes, otherwise prosp.) by Police and Justice Act 2006 (c. 48), ss. 46(3), 53; S.I. 2007/709, art. 3(n) (subject to arts. 6, 7)

F198S. 46ZA(3)(a) omitted (14.12.2009 in relation to the relevant local justice areas specified in art. 3(2) of the first commencing S.I.) by virtue of and repealed (prosp.) by Coroners and Justice Act 2009 (c. 25), ss. 107(2)(a)(i), 178, 182, Sch. 23 Pt. 3 (with s. 180, Sch. 22); S.I. 2009/3253, art. 3(1)(b)(2) (with art. 4)

F199Words in s. 46ZA(3)(b) substituted (14.12.2009 in relation to the relevant local justice areas specified in art. 3(2) of the first commencing S.I.) by Coroners and Justice Act 2009 (c. 25), ss. 107(2)(a)(ii), 182 (with s. 180, Sch. 22); S.I. 2009/3253, art. 3(1)(b)(2) (with art. 4)

F200S. 46ZA(3)(c) omitted (14.12.2009 in relation to the relevant local justice areas specified in art. 3(2) of the first commencing S.I.) by virtue of and repealed (prosp.) by Coroners and Justice Act 2009 (c. 25), ss. 107(2)(a)(iii), 178, 182, Sch. 23 Pt. 3 (with s. 180, Sch. 22); S.I. 2009/3253, art. 3(1)(b)(2) (with art. 4)

F201Words in s. 46ZA(3)(d) substituted (14.12.2009 in relation to the relevant local justice areas specified in art. 3(2) of the first commencing S.I.) by