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:—

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

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 [F1or any article to which subsection (8A) below applies]; 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 [F2or any article to which subsection (8A) below applies].

(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 [F3or any article to which subsection (8A) below applies], 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); and

(d)offences under section 15 of that Act (obtaining property by deception).

[F4(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.]

(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.

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.

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.

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 [F5vehicle] 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 [F6section 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 a serious arrestable offence; 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 a serious arrestable offence;

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

(i)for believing that the offence would be a serious arrestable offence; 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 serious arrestable offence.

(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.

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

(1)Every annual report—

(a)under section 12 of the M4Police Act 1964; 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.

(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 [F7or 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.

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.

(2)In this section “goods area” means any area used wholly or mainly for the storage or handling of goods.

(3)For the purposes of section 6 of the M5Public Stores Act 1875, any person appointed under the M6Special Constables Act 1923 to be a special constable within any premises which are in the possession or under the control of British Nuclear Fuels Limited shall be deemed to be a constable deputed by a public department and any goods and chattels belonging to or in the possession of British Nuclear Fuels Limited shall be deemed to be Her Majesty’s Stores.

(4)In the application of subsection (3) above to Northern Ireland, for the reference to the Special Constables Act 1923 there shall be substituted a reference to paragraph 1(2) of Schedule 2 to the M7Emergency Laws (Miscellaneous Provisions) Act 1947.

Annotations:

Marginal Citations

M71947 c. 10. (11 & 12 Geo. 6.)

7 Part I—supplementaryE+W+S

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

(a)section 8 of the M8Vagrancy Act 1824;

(b)section 66 of the M9Metropolitan Police Act 1839;

(c)section 11 of the M10Canals (Offences) Act 1840;

(d)section 19 of the M11Pedlars Act 1871;

(e)section 33 of the M12County of Merseyside Act 1980; and

(f)section 42 of the M13West 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.

Part IIE+W Powers of Entry, Search and Seizure

Annotations:

Modifications etc. (not altering text)

C9Pt. 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 a serious arrestable offence has been committed; and

(b)that there is material on premises specified in the application 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.

(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.

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.

Annotations:

Modifications etc. (not altering text)

C14Ss. 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 section 302 of the M14Income and Corporation Taxes Act 1970.

Annotations:

Marginal Citations

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; and

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

(b)to specify the premises which it is desired to enter and search; and

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

(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.

(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

(iv)the premises to be searched; and

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

(7)Two copies shall be made of a warrant.

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

Annotations:

Modifications etc. (not altering text)

C17S. 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))

C19S. 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

C21S. 15(5)-(8) applied (3.9.2001) by 2000 c. 8, s. 176(6); S.I. 2001/2632, art. 2, Sch. 1 Pt. 2

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.

(3)Entry and search under a warrant must be within one month from the date of its issue.

(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.

(10)A warrant which—

(a)has been executed; or

(b)has not been executed within the time authorised for its execution,

shall be returned—

(i)if it was issued by a justice of the peace, to the clerk to the justices for the petty sessions area for which he acts; and

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

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

(a)by the clerk to the justices, 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 the premises to which it relates asks to inspect it, he shall be allowed to do so.

Annotations:

Modifications etc. (not altering text)

C22Ss. 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

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 M15Magistrates’ Courts Act 1980;

(b)of arresting a person for an arrestable offence;

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

(i)section 1 (prohibition of uniforms in connection with political objects), . . . F8 of the M16Public Order Act 1936;

(ii)any enactment contained in sections 6 to 8 or 10 of the M17Criminal Law Act 1977 (offences relating to entering and remaining on property);

[F9(iii)section 4 of the Public Order Act 1986 (fear or provocation of violence);]

(d)of recapturing a person 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) 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.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C24Ss. 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 arrestable 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 arrestable 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.

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

(a)before taking the person to a police station; and

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

if the presence of that person at a place other than a police station is necessary for the effective investigation of the offence.

(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.

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 contained in a computer 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 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.

Annotations:

Modifications etc. (not altering text)

C26Ss. 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

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 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.

(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.

Annotations:

Modifications etc. (not altering text)

C29Ss. 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

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.

Annotations:

Modifications etc. (not altering text)

C32Ss. 21, 22 amended by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 29(1)

S. 21 modified: (3.2.1995) by 1994 c. 37, ss. 57(1), 69(2); (1.11.1995) by 1995 c. 11, s. 15(2) and S.I. 1995/2650, art.2

S. 21 modified (19.2.2001) by 2000 c. 11, s. 37, Sch. 5 para. 17; S.I. 2001/421, art. 2

S. 21 extended (1.11.1995) by 1988 c. 33, s. 93H (as inserted by 1995 c. 11, s.11; S.I. 1995/2650, art.2)

C33S. 21 modified (1.9.2001) by S.I. 1996/716, art 17D (as inserted by S.I. 2001/2563, art. 2)

C34S. 21 modified (1.9.2001) by 2001 c. 17, s. 37, Sch. 5 Pt. I para. 6(5); S.I. 2001/2161, art. 2 (subject to art. 3)

S. 21 modified (2.12.2002) by 2002 c. 30, s. 38, Sch. 4 Pt. 2 para. 20; S.I. 2002/2750, art. 2(a)(ii)(d)

C35S. 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))

C36S. 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

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 M18Police (Property) Act 1897.

Annotations:

Modifications etc. (not altering text)

C42Ss. 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; and

(c)any tent or movable structure; and

Annotations:

Marginal Citations

Part IIIE+W Arrest

24 Arrest without warrant for arrestable offences.E+W

(1)The powers of summary arrest conferred by the following subsections shall apply—

(a)to offences for which the sentence is fixed by law;

(b)to offences for which a person of 21 years of age or over (not previously convicted) may be sentenced to imprisonment for a term of five years (or might be so sentenced but for the restrictions imposed by section 33 of the M20Magistrates’ Courts Act 1980); and

(c)to the offences to which subsection (2) below applies,

and in this Act “arrestable offence” means any such offence.

(2)The offences to which this subsection applies are—

(a)offences for which a person may be arrested under the customs and excise Acts, as defined in section 1(1) of the M21Customs and Excise Management Act 1979;

(b)offences under [F10the Official Secrets Act 1920] that are not arrestable offences by virtue of the term of imprisonment for which a person may be sentenced in respect of them;

[F11(bb)offences under any provision of the Official Secrets Act 1989 except section 8(1), (4) or (5);]

(c)offences under section . . . F12, 22 (causing prostitution of women) or 23 (procuration of girl under 21) of the M22Sexual Offences Act 1956;

(d)offences under section 12(1) (taking motor vehicle or other conveyance without authority etc.) or 25(1) (going equipped for stealing, etc.) of the M23Theft Act 1968; and

[F13(e)any offence under the Football (Offences) Act 1991.]

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

[F15(f)an offence under section 2 of the M24Obscene Publications Act 1959 (publication of obscene matter);

(g)an offence under section 1 of the M25Protection of Children Act 1978 (indecent photographs and pseudo-photographs of children);]

[F16(h)an offence under section 166 of the M26Criminal Justice and Public Order Act 1994 (sale of tickets by unauthorised persons);]

[F17(i)an offence under section 19 of the M27Public Order Act 1986 (publishing, etc. material intended or likely to stir up racial hatred);]

[F18(j)an offence under section 167 of the M28Criminal Justice and Public Order Act 1994 (touting for hire car services).]

(3)Without prejudice to section 2 of the Criminal Attempts Act 1981, the powers of summary arrest conferred by the following subsections shall also apply to the offences of—

(a)conspiring to commit any of the offences mentioned in subsection (2) above;

(b)attempting to commit any such offence [F19other than an offence under section 12(1) of the Theft Act 1968];

(c)inciting, aiding, abetting, counselling or procuring the commission of any such offence;

and such offences are also arrestable offences for the purposes of this Act.

(4)Any person may arrest without a warrant—

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

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

(5)Where an arrestable offence has been committed, any person 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.

(6)Where a constable has reasonable grounds for suspecting that an arrestable offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds for suspecting to be guilty of the offence.

(7)A constable may arrest without a warrant—

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

(b)anyone whom he has reasonable grounds for suspecting to be about to commit an arrestable offence.

Annotations:

Amendments (Textual)

F16S. 24(2)(h) inserted (3.11.1994) by virtue of 1994 c. 33, ss. 166(4), 172(2)(4)

F18S. 24(2)(j) inserted (3.11.1994) by 1994 c. 33, ss. 167(7), 172(2)(4)

Modifications etc. (not altering text)

C44S. 24 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 2(4).

C45S. 24(2) applied by S.I. 1990/1768, art. 8(10) (as replaced by S.I. 1990/2144, art. 3)

C46S. 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, reg. 11(4)

C47S. 24(6) applied (with modifications) by S.I. 1985/1800, art. 12, Sch. as amended (1.1.1996) by S.I. 1995/3217, art.2.

Marginal Citations

Valid from 01/01/2006

[F2024AArrest 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.]

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C48S. 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(1)Where a constable has reasonable grounds for suspecting that any offence which is not an arrestable offence has been committed or attempted, or is being committed or attempted, he may arrest the relevant person if it appears to him that service of a summons is impracticable or inappropriate because any of the general arrest conditions is satisfied.

(2)In this section “the relevant person” means any person whom the constable has reasonable grounds to suspect of having committed or having attempted to commit the offence or of being in the course of committing or attempting to commit it.

(3)The general arrest conditions are—

(a)that the name of the relevant person is unknown to, and cannot be readily ascertained by, the constable;

(b)that the constable has reasonable grounds for doubting whether a name furnished by the relevant person as his name is his real name;

(c)that—

(i)the relevant person has failed to furnish a satisfactory address for service; or

(ii)the constable has reasonable grounds for doubting whether an address furnished by the relevant person is a satisfactory address for service;

(d)that the constable has reasonable grounds for believing that arrest is necessary to prevent the relevant person—

(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; or

(v)causing an unlawful obstruction of the highway;

(e)that the constable has reasonable grounds for believing that arrest is necessary to protect a child or other vulnerable person from the relevant person.

(4)For the purposes of subsection (3) above an address is a satisfactory address for service if it appears to the constable—

(a)that the relevant person will be at it for a sufficiently long period for it to be possible to serve him with a summons; or

(b)that some other person specified by the relevant person will accept service of a summons for the relevant person at it.

(5)Nothing in subsection (3)(d) above authorises the arrest of a person under sub-paragraph (iv) of that paragraph except where members of the public going about their normal business cannot reasonably be expected to avoid the person to be arrested.

(6)This section shall not prejudice any power of arrest conferred apart from this section.

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.

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.

(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.

(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.

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.

Annotations:

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

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.

Annotations:

Modifications etc. (not altering text)

C52Ss. 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

(1)Subject to the following provisions of this section, where a person—

(a)is arrested by a constable for an offence; or

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

at any place other than a police station, he shall be taken to a police station by a constable as soon as practicable after the arrest.

(2)Subject to subsections (3) and (5) below, the police station to which an arrested person is taken under subsection (1) 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.

(7)A person arrested by a constable at a place other than a police station shall be released if a constable is satisfied, before the person arrested reaches a police station, that there are no grounds for keeping him under arrest.

(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.

(10)Nothing in subsection (1) above shall prevent a constable delaying taking a person who has been arrested to a police station if the presence of that person elsewhere is necessary in order to carry out such investigations as it is reasonable to carry out immediately.

(11)Where there is delay in taking a person who has been arrested to a police station after his arrest, the reasons for the delay shall be recorded when he first arrives at a police station.

(12)Nothing in subsection (1) above shall be taken to affect—

(a)paragraphs 16(3) or 18(1) of Schedule 2 to the M29Immigration Act 1971;

(b)section 34(1) of the M30Criminal Justice Act 1972; or

[F21(c)section 15(6) and (9) of the Prevention of Terrorism (Temporary Provisions) Act 1989 and paragraphs 7(4) and 8(4) and (5) of Schedule 2 and paragraphs 6(6) and 7(4) and (5) of Schedule 5 to that Act.]

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

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C53S. 30 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 2; s. 30 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

C54Ss. 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

Valid from 01/04/2007

[F2330CABail 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, or a person designated as a staff custody officer under section 38 of the Police Reform Act 2002, 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 or officer is readily available, and

(b)if no such constable or officer 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.]

Annotations:

Amendments (Textual)

F23Ss. 30CA, 30CB inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 4; S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)

Modifications etc. (not altering text)

C58Ss. 30A-30D applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(1)-(3) (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))

Valid from 01/04/2007

[F2330CBBail 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.]]

Annotations:

Amendments (Textual)

F23Ss. 30CA, 30CB inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 4; S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)

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.

Annotations:

Modifications etc. (not altering text)

C61Ss. 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

(b)to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence for which he has been arrested.

(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.

(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 [F24section 15(3), (4) and (5) of the Prevention of Terrorism (Temporary Provisions) Act 1989].

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C63S. 32 modified (3.11.1994) by 1994 c. 33, s. 166(5).

C64Ss. 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

33 Execution of warrant not in possession of constable.E+W

In section 125 of the M31Magistrates’ 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 M32Army Act 1955, section 186(3) of the M33Air Force Act 1955, section 105(3) of the M34Naval Discipline Act 1957 or Schedule 5 to the M35Reserve Forces Act 1980 (desertion etc.);

(c)a warrant under—

(i)section 102 or 104 of the M36General Rate Act 1967 (insufficiency of distress);

(ii)section 18(4) of the M37Domestic Proceedings and Magistrates’ Courts Act 1978 (protection of parties to marriage and children of family); and

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

Part IVE+W Detention

Annotations:

Modifications etc. (not altering text)

C65Pt. 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)

C66Pt. 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 provisions 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 need for further investigation of any matter in connection with which he was detained at any time during that period of his detention; or

(b)that proceedings may be taken against him in respect of any such matter,

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 [F25section 6(5) of the Road Traffic Act 1988] is arrested for an offence.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C68Ss. 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

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 section 30(3) and (5) above, 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.

(3)Without prejudice to section 12 of the M38Interpretation 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.

Annotations:

Modifications etc. (not altering text)

C70Ss. 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 a designated police station 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.

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

(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 an officer 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 [F26sections 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 who is not involved in the investigation of an offence for which he is in police detention, if such an officer is readily available; and

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

(8)References to a custody officer in the following provisions of this Act include references to an officer 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.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C71Ss. 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

C72S. 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)

C73S. 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, or

(b)a person returns to a police station to answer to bail,

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—

(a)shall be charged; or

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

(8)Where—

(a)a person is released under subsection (7)(b) 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.

(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.

F27(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(15)In this Part of this Act—

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C74Ss. 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

C75S. 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

Valid from 29/01/2004

[F2937AGuidanceE+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) 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) 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.]

Valid from 29/01/2004

[F3037BConsultation with the Director of Public ProsecutionsE+W

(1)Where a person is released on bail under section 37(7)(a) 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 shall give written notice of his decision to an officer involved in the investigation of the offence.

(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—

(a)when he is in police detention after returning to a police station to answer bail or is otherwise in police detention at a police station, or

(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

(b)a warning or reprimand under section 65 of the Crime and Disorder Act 1998.]

Annotations:

Amendments (Textual)

F30S. 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

Modifications etc. (not altering text)

Valid from 29/01/2004

[F3337DRelease under section 37(7)(a): further provisionE+W

(1)Where a person is released on bail under section 37(7)(a) or section 37C(2)(b) 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.

(5)If the person is not in a fit state to enable him to be so dealt with or to enable that power to be exercised, he may be kept in police detention until he is.

(6)Where a person is kept in police detention by virtue of subsection (4) 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 37(7)(a) or 37C(2)(b) above.]

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C78S. 37D(1)-(3) applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(5)(a) (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))

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 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;

(ii)the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary for his own protection or to prevent him from causing physical injury to any other person or from causing loss of or damage to property; or

(iii)the custody officer has reasonable grounds for believing that the person arrested will fail to appear in court to answer to bail or that his detention is necessary to prevent him from interfering with the administration of justice or with the investigation of offences or of a particular offence;

(b)if he is an arrested juvenile—

(i)any of the requirements of paragraph (a) above is satisfied; or

(ii)the custody officer has reasonable grounds for believing that he ought to be detained in his own interests.

(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.

(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.

[F34(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 [F35age 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.]

[F36F34(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);

  • secure accommodation” means accommodation provided for the purpose of restricting liberty;

  • sexual offence” and “violent offence” have the same meanings as in Part I of the Criminal Justice Act 1991;

and 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.]

[F36(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.

(8)In this Part of this Act “local authority” has the same meaning as in the [F37Children Act 1989].

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 [F38moved 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.

F39(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where—

(a)an officer of higher rank than the custody 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 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.

Annotations:

Amendments (Textual)

F38Words in s. 39(4) substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13, para. 54; S.I. 1991/828, art. 3(2)

Modifications etc. (not altering text)

C79Ss. 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

C80S. 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))

C81S. 39 applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(1)-(3) (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))

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 the substitution—

(a)of references to the person whose detention is under review for references to the person arrested; and

(b)of references to the review officer for references to the custody officer.

(9)Where a person has been kept in police detention by virtue of section 37(9) 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 (6) above shall have effect in relation to him, but with the substitution of references to the person whose detention is under review for references to the person arrested.

(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.

Annotations:

Modifications etc. (not altering text)

C83Ss. 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

C84S. 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

C85S. 40(13) amended by S.I. 1991/2684, arts. 1, 2, 4 and Sch.1

Valid from 01/10/2001

[F4040A Use of telephone for review under s. 40E+W

(1)This section applies, notwithstanding anything in section 40 above, where in the case of a person who has been arrested but not charged—

(a)it is not reasonably practicable for an officer of at least the rank of inspector to be present in the police station where that person is held to carry out any review of that person’s detention that is required by subsection (1)(b) of that section; and

(b)the review is not one which regulations under section 45A below authorise to be carried out using video-conferencing facilities, or is one which it is not reasonably practicable, in the circumstances, to carry out using any such facilities.

(2)The review may be carried out by an officer of at least the rank of inspector who has access to a means of communication by telephone to persons in the police station where the arrested person is held.

(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.]

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;

(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.

Annotations:

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

C87S. 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;

(b)an offence for which he is under arrest is a serious arrestable offence; and

(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.

Annotations:

Modifications etc. (not altering text)

C88Ss. 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

C89s. 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

C90S. 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 a serious arrestable offence; 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.

Annotations:

Modifications etc. (not altering text)

C91Ss. 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

C92S. 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.

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

Valid from 01/04/2003

[F4145A 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 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.]

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 for the petty sessions 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 for that area 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 clerk to the justices for 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 for a petty sessions 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 for that area after his arrival in the area.

(5)If no magistrates’ court for that area 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 clerk to the justices for the area that there is a person in the area to whom subsection (4) applies.

(6)Subject to subsection (8) below, where a clerk to the justices for a petty sessions 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,

the clerk 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 for the petty sessions 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 for any other petty sessions 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 clerk 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.

Valid from 01/04/2007

[F4246ZAPersons 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)at 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;

(b)at any such time, a constable informs him that a live link will not be available for his use for the purposes of that section;

(c)proceedings in relation to a live link direction under that section have begun but he does not give his consent to the direction; or

(d)the court determines for any other reason not to give such a direction.

(4)If any of paragraphs (a) to (d) of subsection (3) apply 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).]

Annotations:

Amendments (Textual)

F42S. 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)

47 Bail after arrest.E+W

(1)Subject to subsection (2) below, a release on bail of a person under this Part of this Act shall be a release on bail granted in accordance with the M40Bail Act 1976.

(2)Nothing in the Bail Act 1976 shall prevent the re-arrest without warrant of a person released on bail subject to a duty to attend at a police station if new evidence justifying a further arrest has come to light since his release.

(3)Subject to subsection (4) below, in this Part of this Act references to “bail” are references to bail subject to a duty—

(a)to appear before a magistrates’ court at such time and such place; or

(b)to attend at such police station at such time,

as the custody officer may appoint.

(4)Where a custody officer has granted bail to a person subject to a duty to appear at a police station, the custody officer may give notice in writing to that person that his attendance at the police station is not required.

(5)Where a person arrested for an offence who was released on bail subject to a duty to attend at a police station so attends, he may be detained without charge in connection with that offence only if the custody officer at the police station has reasonable grounds for believing that his detention is necessary—

(a)to secure or preserve evidence relating to the offence; or

(b)to obtain such evidence by questioning him.

(6)Where a person is detained under subsection (5) above, any time during which he was in police detention prior to being granted bail shall be included as part of any period which falls to be calculated under this Part of this Act [F44and any time during which he was on bail shall not be so included].

(7)Where a person who was released on bail subject to a duty to attend at a police station is re-arrested, the provisions of this Part of this Act shall apply to him as they apply to a person arrested for the first time.

(8)In the M41Magistrates’ Court Act 1980—

(a)the following section shall be substituted for section 43—

43 Bail on arrest

(1)Where a person has been granted bail under the Police and Criminal Evidence Act 1984 subject to a duty to appear before a magistrates’ court, the court before which he is to appear may appoint a later time as the time at which he is to appear and may enlarge the recognizances of any sureties for him at that time.

(2)The recognizance of any surety for any person granted bail subject to a duty to attend at a police station may be enforced as if it were conditioned for his appearance before a magistrates’ court for the petty sessions area in which the police station named in the recognizance is situated.; and

(b)the following subsection shall be substituted for section 117(3)—

(3)Where a warrant has been endorsed for bail under subsection (1) above—

(a)where the person arrested is to be released on bail on his entering into a recognizance without sureties, it shall not be necessary to take him to a police station, but if he is so taken, he shall be released from custody on his entering into the recognizance; and

(b)where he is to be released on his entering into a recognizance with sureties, he shall be taken to a police station on his arrest, and the custody officer there shall (subject to his approving any surety tendered in compliance with the endorsement) release him from custody as directed in the endorsement..

Valid from 30/09/1998

[F4547A Early administrative hearings conducted by justices’ clerks.E+W

Where a person has been charged with an offence at a police station, any requirement imposed under this Part for the person to appear or be brought before a magistrates’ court shall be taken to be satisfied if the person appears or is brought before the clerk to the justices for a petty sessions area in order for the clerk to conduct a hearing under section 50 of the Crime and Disorder Act 1998 (early administrative hearings).]

Annotations:

Amendments (Textual)

F45S. 47A inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para.62; S.I. 1998/2327, art. 2(2)(t).

48 Remands to police detention.E+W

In section 128 of the Magistrates’ Courts Act 1980—

(a)in subsection (7) for the words “the custody of a constable” there shall be substituted the words “detention at a police station”;

(b)after subsection (7) there shall be inserted the following subsection—

(8)Where a person is committed to detention at a police station under subsection (7) above—

(a)he shall not be kept in such detention unless there is a need for him to be so detained for the purposes of inquiries into other offences;

(b)if kept in such detention, he shall be brought back before the magistrates’ court which committed him as soon as that need ceases;

(c)he shall be treated as a person in police detention to whom the duties under section 39 of the Police and Criminal Evidence Act 1984 (responsibilities in relation to persons detained) relate;

(d)his detention shall be subject to periodic review at the times set out in section 40 of that Act (review of police detention)..

49 Police detention to count towards custodial sentence.E+W

(1)In subsection (1) of section 67 of the M42Criminal Justice Act 1967 (computation of custodial sentences) for the words from “period”, in the first place where it occurs, to “the offender” there shall be substituted the words “relevant period, but where he”.

(2)The following subsection shall be inserted after that subsection—

(1A)In subsection (1) above “relevant period” means—

(a)any period during which the offender was in police detention in connection with the offence for which the sentence was passed; or

(b)any period during which he was in custody—

(i)by reason only of having been committed to custody by an order of a court made in connection with any proceedings relating to that sentence or the offence for which it was passed or any proceedings from which those proceedings arose; or

(ii)by reason of his having been so committed and having been concurrently detained otherwise than by order of a court..

(3)The following subsections shall be added after subsection (6) of that section—

(7)A person is in police detention for the purposes of this section—

(a)at any time when he is in police detention for the purposes of the Police and Criminal Evidence Act 1984; and

(b)at any time when he is detained under section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984.

(8)No period of police detention shall be taken into account under this section unless it falls after the coming into force of section 49 of the Police and Criminal Evidence Act 1984..

50 Records of detention. E+W

(1)Each police force shall keep written records showing on an annual basis—

(a)the number of persons kept in police detention for more than 24 hours and subsequently released without charge;

(b)the number of applications for warrants of further detention and the results of the applications; and

(c)in relation to each warrant of further detention—

(i)the period of further detention authorised by it;

(ii)the period which the person named in it spent in police detention on its authority; and

(iii)whether he was charged or released without charge.

(2)Every annual report—

(a)under section 12 of the M43Police Act 1964; or

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

shall contain information about the matters mentioned in subsection (1) above in respect of the period to which the report relates.

Annotations:

Modifications etc. (not altering text)

C94Ss. 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

C95S. 50 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(3).

Marginal Citations

51 Savings.E+W

Nothing in this Part of this Act shall affect—

(a)the powers conferred on immigration officers by section 4 of and Schedule 2 to the M44Immigration Act 1971 (administrative provisions as to control on entry etc.);

(b)the powers conferred by or by virtue of [F46section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 or Schedule 2 or 5 to that Act] (powers of arrest and detention and control of entry and procedure for removal);

(c)any duty of a police officer under—

(i)section 129, 190 or 202 of the M45Army Act 1955 (duties of governors of prisons and others to receive prisoners, deserters, absentees and persons under escort);

(ii)section 129, 190 or 202 of the M46Air Force Act 1955 (duties of governors of prisons and others to receive prisoners, deserters, absentees and persons under escort);

(iii)section 107 of the Naval Discipline Act 1957 (duties of governors of civil prisons etc.); or

(iv)paragraph 5 of Schedule 5 to the M47Reserve Forces Act 1980 (duties of governors of civil prisons); or

(d)any right of a person in police detention to apply for a writ of habeas corpus or other prerogative remedy.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C96S. 51(b) extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(3); s. 51(b) extended by the said S.I. 1993/1813, art. 6, Sch. 3 para. 3 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 4(d)

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

Marginal Citations

F4752. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

Part VE+W Questioning and Treatment of Persons by Police

53 Abolition of certain powers of constables to search persons.E+W

(1)Subject to subsection (2) below, there shall cease to have effect any Act (including a local Act) passed before this Act in so far as it authorises—

(a)any search by a constable of a person in police detention at a police station; or

(b)an intimate search of a person by a constable;

and any rule of common law which authorises a search such as is mentioned in paragraph (a) or (b) above is abolished.

F48(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54 Searches of detained persons. E+W

(1)The custody officer at a police station shall ascertain and record or cause to be recorded everything which a person has with him when he is—

(a)brought to the station after being arrested elsewhere or after being committed to custody by an order of sentence of a court; or

[F49(b)arrested at the station or detained there under section 47(5) above.]

(2)In the case of an arrested person the record shall be made as part of his custody record.

(3)Subject to subsection (4) below, a custody officer may seize and retain any such thing or cause any such thing to be seized and retained.

(4)Clothes and personal effects may only be seized if the custody officer—

(a)believes that the person from whom they are seized may use them—

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

(ii)to damage property;

(iii)to interfere with evidence; or

(iv)to assist him to escape; or

(b)has reasonable grounds for believing that they may be evidence relating to an offence.

(5)Where anything is seized, the person from whom it is seized shall be told the reason for the seizure unless he is—

(a)violent or likely to become violent; or

(b)incapable of understanding what is said to him.

(6)Subject to subsection (7) below, a person may be searched if the custody officer considers it necessary to enable him to carry out his duty under subsection (1) above and to the extent that the custody officer considers necessary for that purpose.

[F50(6A)A person who is in custody at a police station or is in police detention otherwise than at a police station may at any time be searched in order to ascertain whether he has with him anything which he could use for any of the purposes specified in subsection (4)(a) above.

(6B)Subject to subsection (6C) below, a constable may seize and retain, or cause to be seized and retained, anything found on such a search.

(6C)A constable may only seize clothes and personal effects in the circumstances specified in subsection (4) above.]

(7)An intimate search may not be conducted under this section.

(8)A search under this section shall be carried out by a constable.

(9)The constable carrying out a search shall be of the same sex as the person searched.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C98Ss. 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

C99S. 54 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 1(2)(b), 3(2)(3); s. 54 extended by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 3, 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 4(b), 5

Valid from 14/12/2001

[F5154A Searches and examination to ascertain identityE+W

(1)If an officer of at least the rank of inspector authorises it, a person who is detained in a police station may be searched or examined, or both—

(a)for the purpose of ascertaining whether he has any mark that would tend to identify him as a person involved in the commission of an offence; or

(b)for the purpose of facilitating the ascertainment of his identity.

(2)An officer may only give an authorisation under subsection (1) for the purpose mentioned in paragraph (a) of that subsection if—

(a)the appropriate consent to a search or examination that would reveal whether the mark in question exists has been withheld; or

(b)it is not practicable to obtain such consent.

(3)An officer may only give an authorisation under subsection (1) in a case in which subsection (2) does not apply if—

(a)the person in question has refused to identify himself; or

(b)the officer has reasonable grounds for suspecting that that person is not who he claims to be.

(4)An officer may give an authorisation under subsection (1) orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(5)Any identifying mark found on a search or examination under this section may be photographed—

(a)with the appropriate consent; or

(b)if the appropriate consent is withheld or it is not practicable to obtain it, without it.

(6)Where a search or examination may be carried out under this section, or a photograph may be taken under this section, the only persons entitled to carry out the search or examination, or to take the photograph, are—

(a)constables; and

(b)persons who (without being constables) are designated for the purposes of this section by the chief officer of police for the police area in which the police station in question is situated;

and section 117 (use of force) applies to the exercise by a person falling within paragraph (b) of the powers conferred by the preceding provisions of this section as it applies to the exercise of those powers by a constable.

(7)A person may not under this section carry out a search or examination of a person of the opposite sex or take a photograph of any part of the body of a person of the opposite sex.

(8)An intimate search may not be carried out under this section.

(9)A photograph taken under this section—

(a)may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution; and

(b)after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related.

(10)In subsection —

(a)the reference to crime includes a reference to any conduct which—

(i)constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or

(ii)is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences;

and

(b)the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.

(11)In this section—

(a)references to ascertaining a person’s identity include references to showing that he is not a particular person; and

(b)references to taking a photograph include references to using any process by means of which a visual image may be produced, and references to photographing a person shall be construed accordingly.

(12)In this section “mark” includes features and injuries; and a mark is an identifying mark for the purposes of this section if its existence in any person’s case facilitates the ascertainment of his identity or his identification as a person involved in the commission of an offence.]

55Intimate searchesE+W

(1)Subject to the following provisions of this section, if an officer of at least the rank of superintendent has reasonable grounds for believing—

(a)that a person who has been arrested and is in police detention may have concealed on him anything which—

(i)he could use to cause physical injury to himself or others; and

(ii)he might so use while he is in police detention or in the custody of a court; or

(b)that such a person—

(i)may have a Class A drug concealed on him; and

(ii)was in possession of it with the appropriate criminal intent before his arrest,

he may authorise [F53an intimate search] of that person.

(2)An officer may not authorise an intimate search of a person for anything unless he has reasonable grounds for believing that it cannot be found without his being intimately searched.

(3)An officer may give an authorisation under subsection (1) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(4)An intimate search which is only a drug offence search shall be by way of examination by a suitably qualified person.

(5)Except as provided by subsection (4) above, an intimate search shall be by way of examination by a suitably qualified person unless an officer of at least the rank of superintendent considers that this is not practicable.

(6)An intimate search which is not carried out as mentioned in subsection (5) above shall be carried out by a constable.

(7)A constable may not carry out an intimate search of a person of the opposite sex.

(8)No intimate search may be carried out except—

(a)at a police station;

(b)at a hospital;

(c)at a registered medical practitioner’s surgery; or

(d)at some other place used for medical purposes.

(9)An intimate search which is only a drug offence search may not be carried out at a police station.

(10)If an intimate search of a person is carried out, the custody record relating to him shall state—

(a)which parts of his body were searched; and

(b)why they were searched.

(11)The information required to be recorded by subsection (10) above shall be recorded as soon as practicable after the completion of the search.

(12)The custody officer at a police station may seize and retain anything which is found on an intimate search of a person, or cause any such thing to be seized and retained—

(a)if he believes that the person from whom it is seized may use it—

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

(ii)to damage property;

(iii)to interfere with evidence; or

(iv)to assist him to escape; or

(b)if he has reasonable grounds for believing that it may be evidence relating to an offence.

(13)Where anything is seized under this section, the person from whom it is seized shall be told the reason for the seizure unless he is—

(a)violent or likely to become violent; or

(b)incapable of understanding what is said to him.

(14)Every annual report—

(a)under section 12 of the M48Police Act 1964; or

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

shall contain information about searches under this section which have been carried out in the area to which the report relates during the period to which it relates.

(15)The information about such searches shall include—

(a)the total number of searches;

(b)the number of searches conducted by way of examination by a suitably qualified person;

(c)the number of searches not so conducted but conducted in the presence of such a person; and

(d)the result of the searches carried out.

(16)The information shall also include, as separate items—

(a)the total number of drug offence searches; and

(b)the result of those searches.

(17)In this section—

  • the appropriate criminal intent” means an intent to commit an offence under—

(a)section 5(3) of the M49Misuse of Drugs Act 1971 (possession of controlled drug with intent to supply to another); or

(b)section 68(2) of the M50Customs and Excise Management Act 1979 (exportation etc. with intent to evade a prohibition or restriction);

  • Class A drug” has the meaning assigned to it by section 2(1)(b) of the Misuse of Drugs Act 1971;

  • drug offence search” means an intimate search for a Class A drug which an officer has authorised by virtue of subsection (1)(b) above; and

  • suitably qualified person” means—

(a)a registered medical practitioner; or

(b)a registered nurse.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C100Ss. 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

C101S. 55 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 1(2)(b), 3(2)(3); s. 55 extended by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 3(3), 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 4(b), 5

Marginal Citations

Valid from 01/01/2006

[F5455AX-rays and ultrasound scansE+W

(1)If an officer of at least the rank of inspector has reasonable grounds for believing that a person who has been arrested for an offence and is in police detention—

(a)may have swallowed a Class A drug, and

(b)was in possession of it with the appropriate criminal intent before his arrest,

the officer may authorise that an x-ray is taken of the person or an ultrasound scan is carried out on the person (or both).

(2)An x-ray must not be taken of a person and an ultrasound scan must not be carried out on him unless the appropriate consent has been given in writing.

(3)If it is proposed that an x-ray is taken or an ultrasound scan is carried out, an appropriate officer must inform the person who is to be subject to it—

(a)of the giving of the authorisation for it, and

(b)of the grounds for giving the authorisation.

(4)An x-ray may be taken or an ultrasound scan carried out only by a suitably qualified person and only at—

(a)a hospital,

(b)a registered medical practitioner's surgery, or

(c)some other place used for medical purposes.

(5)The custody record of the person must also state—

(a)the authorisation by virtue of which the x-ray was taken or the ultrasound scan was carried out,

(b)the grounds for giving the authorisation, and

(c)the fact that the appropriate consent was given.

(6)The information required to be recorded by subsection (5) must be recorded as soon as practicable after the x-ray has been taken or ultrasound scan carried out (as the case may be).

(7)Every annual report—

(a)under section 22 of the Police Act 1996, or

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

must contain information about x-rays which have been taken and ultrasound scans which have been carried out under this section in the area to which the report relates during the period to which it relates.

(8)The information about such x-rays and ultrasound scans must be presented separately and must include—

(a)the total number of x-rays;

(b)the total number of ultrasound scans;

(c)the results of the x-rays;

(d)the results of the ultrasound scans.

(9)If the appropriate consent to an x-ray or ultrasound scan of any person is refused without good cause, in any proceedings against that person for an offence—

(a)the court, in determining whether there is a case to answer,

(b)a judge, in deciding whether to grant an application made by the accused under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal), and

(c)the court or jury, in determining whether that person is guilty of the offence charged,

may draw such inferences from the refusal as appear proper.

(10)In this section “the appropriate criminal intent”, “appropriate officer”, “Class A drug” and “suitably qualified person” have the same meanings as in section 55 above.]

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

56 Right to have someone informed when arrested. E+W

(1)Where a person has been arrested and is being held in custody in a police station or other premises, he shall be entitled, if he so requests, to have one friend or relative or other person who is known to him or who is likely to take an interest in his welfare told, as soon as is practicable except to the extent that delay is permitted by this section, that he has been arrested and is being detained there.

(2)Delay is only permitted—

(a)in the case of a person who is in police detention for a serious arrestable offence; and

(b)if an officer of at least the rank of superintendent authorises it.

(3)In any case the person in custody must be permitted to exercise the right conferred by subsection (1) above within 36 hours from the relevant time, as defined in section 41(2) above.

(4)An officer may give an authorisation under subsection (2) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(5)[F55Subject to sub-section (5A) below] An officer may only authorise delay where he has reasonable grounds for believing that telling the named person of the arrest—

(a)will lead to interference with or harm to evidence connected with a serious arrestable offence or interference with or physical injury to other persons; or

(b)will lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or

(c)will hinder the recovery of any property obtained as a result of such an offence.

[F56(5A)An officer may also authorise delay where the serious arrestable offence is a drug trafficking offence [F57or an offence to which Part VI of the Criminal Justice Act 1988 applies (offences in respect of which confiscation orders under that Part may be made)] and the officer has reasonable grounds for believing—

[F58(a)where the offence is a drug trafficking offence, that the detained person has benefited from drug trafficking and that the recovery of the value of that person’s proceeds of drug trafficking will be hindered by telling the named person of the arrest; and

(b)where the offence is one to which Part VI of the Criminal Justice Act 1988 applies, that the detained person has benefited from the offence and that the recovery of the value of the property obtained by that person from or in connection with the offence or of the pecuniary advantage derived by him from or in connection with it will be hindered by telling the named person of the arrest.]]

(6)If a delay is authorised—

(a)the detained person shall be told the reason for it; and

(b)the reason shall be noted on his custody record.

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

(8)The rights conferred by this section on a person detained at a police station or other premises are exercisable whenever he is transferred from one place to another; and this section applies to each subsequent occasion on which they are exercisable as it applies to the first such occasion.

(9)There may be no further delay in permitting the exercise of the right conferred by subsection (1) above once the reason for authorising delay ceases to subsist.

(10)In the foregoing provisions of this section references to a person who has been arrested include references to a person who has been detained under the terrorism provisions and “arrest” includes detention under those provisions.

(11)In its application to a person who has been arrested or detained under the terrorism provisions—

(a)subsection 2(a) above shall have effect as if for the words “for a serious arrestable offence” there were substituted the words “under the terrorism provisions”;

(b)subsection (3) above shall have effect as if for the words from “within” onwards there were substituted the words “before the end of the period beyond which he may no longer be detained without the authority of the Secretary of State”; and

(c)subsection (5) above shall have effect as if at the end there were added or

(d)will lead to interference with the gathering of information about the commission, preparation or instigation of acts of terrorism; or

(e)by alerting any person, will make it more difficult—

(i)to prevent an act of terrorism; or

(ii)to secure the apprehension, prosecution or conviction of any person in connection with the commission, preparation or instigation of an act of terrorism..

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C103S. 56 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2 and Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 99(4)

S. 56(1)-(6)(8) applied (with modifications) (1.2.1997) by S.I. 1997/15, art. 2(1),Sch.

S. 56(7)(9) applied (1.2.1997) by S.I. 1997/15, art. 2(1),Sch.

C104S. 56 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 1(2)(b), 3(2); s. 56 extended by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 3(3), 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 4(b)(d), 5

S. 56 applied (with modifications) (1.12.1997) by S.I. 1993/1813, art. 6, Sch. 3 para. 1(3) (as inserted (1.12.1997) by S.I. 1994/1405, art. 8, Sch. 4 para. 10)

57 Additional rights of children and young persons.E+W

The following subsections shall be substituted for section 34(2) of the M51Children and Young Persons Act 1933—

(2)Where a child or young person is in police detention, such steps as are practicable shall be taken to ascertain the identity of a person responsible for his welfare.

(3)If it is practicable to ascertain the identity of a person responsible for the welfare of the child or young person, that person shall be informed, unless it is not practicable to do so—

(a)that the child or young person has been arrested;

(b)why he has been arrested; and

(c)where he is being detained.

(4)Where information falls to be given under subsection (3) above, it shall be given as soon as it is practicable to do so.

(5)For the purposes of this section the persons who may be responsible for the welfare of a child or young person are—

(a)his parent or guardian; or

(b)any other person who has for the time being assumed responsibility for his welfare.

(6)If it is practicable to give a person responsible for the welfare of the child or young person the information required by subsection (3) above, that person shall be given it as soon as it is practicable to do so.

(7)If it appears that at the time of his arrest a supervision order, as defined in section 11 of the Children and Young Persons Act 1969, is in force in respect of him, the person responsible for his supervision shall also be informed as described in subsection (3) above as soon it is reasonably practicable to do so.

(8)The reference to a parent or guardian in subsection (5) above is—

(a)in the case of a child or young person in the care of a local authority, a reference to that authority; and

(b)in the case of a child or young person in the care of a voluntary organisation in which parental rights and duties with respect to him are vested by virtue of a resolution under section 64(1) of the Child Care Act 1980, a reference to that organisation.

(9)The rights conferred on a child or young person by subsections (2) to (8) above are in addition to his rights under section 56 of the Police and Criminal Evidence Act 1984.

(10)The reference in subsection (2) above to a child or young person who is in police detention includes a reference to a child or young person who has been detained under the terrorism provisions; and in subsection (3) above “arrest” includes such detention.

(11)In subsection (10) above “the terrorism provisions” has the meaning assigned to it by section 65 of the Police and Criminal Evidence Act 1984.

58 Access to legal advice. E+W

(1)A person arrested and held in custody in a police station or other premises shall be entitled, if he so requests, to consult a solicitor privately at any time.

(2)Subject to subsection (3) below, a request under subsection (1) above and the time at which it was made shall be recorded in the custody record.

(3)Such a request need not be recorded in the custody record of a person who makes it at a time while he is at a court after being charged with an offence.

(4)If a person makes such a request, he must be permitted to consult a solicitor as soon as is practicable except to the extent that delay is permitted by this section.

(5)In any case he must be permitted to consult a solicitor within 36 hours from the relevant time, as defined in section 41(2) above.

(6)Delay in compliance with a request is only permitted—

(a)in the case of a person who is in police detention for a serious arrestable offence; and

(b)if an officer of at least the rank of superintendent authorises it.

(7)An officer may give an authorisation under subsection (6) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(8)[F59Subject to sub-section (8A) below] An officer may only authorise delay where he has reasonable grounds for believing that the exercise of the right conferred by subsection (1) above at the time when the person detained desires to exercise it—

(a)will lead to interference with or harm to evidence connected with a serious arrestable offence or interference with or physical injury to other persons; or

(b)will lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or

(c)will hinder the recovery of any property obtained as a result of such an offence.

[F60(8A)An officer may also authorise delay where the serious arrestable offence is a drug trafficking offence [F61or an offence to which Part VI of the Criminal Justice Act 1988 applies] and the officer has reasonable grounds for believing—

[F62(a)where the offence is a drug trafficking offence, that the detained person has benefited from drug trafficking and that the recovery of the value of that person’s proceeds of drug trafficking will be hindered by the exercise of the right conferred by subsection (1) above; and

(b)where the offence is one to which Part VI of the Criminal Justice Act 1988 applies, that the detained person has benefited from the offence and that the recovery of the value of the property obtained by that person from or in connection with the offence or of the pecuniary advantage derived by him from or in connection with it will be hindered by the exercise of the right conferred by subsection (1) above.]]

(9)If delay is authorised—

(a)the detained person shall be told the reasons for it; and

(b)the reason shall be noted on his custody record.

(10)The duties imposed by subsection (9) above shall be performed as soon as is practicable.

(11)There may be no further delay in permitting the exercise of the right conferred by subsection (1) above once the reason for authorising delay ceases to subsist.

(12)The reference in subsection (1) above to a person arrested includes a reference to a person who has been detained under the terrorism provisions.

(13)In the application of this section to a person who has been arrested or detained under the terrorism provisions—

(a)subsection (5) above shall have effect as if for the words from “within” onwards there were substituted the words “before the end of the period beyond which he may no longer be detained without the authority of the Secretary of State”;

(b)subsection (6)(a) above shall have effect as if for the words “for a serious arrestable offence” there were substituted the words “under the terrorism provisions”; and

(c)subsection (8) above shall have effect as if at the end there were added or

(d)will lead to interference with the gathering of information about the commission, preparation or instigation of acts of terrorism; or

(e)by alerting any person, will make it more difficult—

(i)to prevent an act of terrorism; or

(ii)to secure the apprehension, prosecution or conviction of any person in connection with the commission, preparation or instigation of an act of terrorism..

(14)If an officer of appropriate rank has reasonable grounds for believing that, unless he gives a direction under subsection (15) below, the exercise by a person arrested or detained under the terrorism provisions of the right conferred by subsection (1) above will have any of the consequences specified in subsection (8) above (as it has effect by virtue of subsection (13) above), he may give a direction under that subsection.

(15)A direction under this subsection is a direction that a person desiring to exercise the right conferred by subsection (1) above may only consult a solicitor in the sight and hearing of a qualified officer of the uniformed branch of the force of which the officer giving the direction is a member.

(16)An officer is qualified for the purpose of subsection (15) above if—

(a)he is of at least the rank of inspector; and

(b)in the opinion of the officer giving the direction he has no connection with the case.

(17)An officer is of appropriate rank to give a direction under subsection (15) above if he is of at least the rank of Commander or Assistant Chief Constable.

(18)A direction under subsection (15) above shall cease to have effect once the reason for giving it ceases to subsist.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C107S. 58 applied with modifications by S.I. 1985/1882, art. 4, 1985/1800, arts. 3–11, Schs. 1, 2 and Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 99(4)

S. 58(1)(2)(4)(6)-(9) applied (with modifications) (1.2.1997) by S.I. 1997/15, art. 2(1),Sch.

S. 58(10)(11) applied (1.2.1997) by S.I. 1997/15, art. 2(1),Sch.

C108S. 58 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 1(2)(b), 3(2)(3); s. 58 extended by the said S.I. 1993/1813, art. 6, Sch. 3 paras. 3(3), 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 paras. 4(b)(d), 5

F6359. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations:

Amendments (Textual)

60 Tape-recording of interviews.E+W

(1)It shall be the duty of the Secretary of State—

(a)to issue a code of practice in connection with the tape-recording of interviews of persons suspected of the commission of criminal offences which are held by police officers at police stations; and

(b)to make an order requiring the tape-recording of interviews of persons suspected of the commission of criminal offences, or of such descriptions of criminal offences as may be specified in the order, which are so held, in accordance with the code as it has effect for the time being.

(2)An order under subsection (1) above shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:

Commencement Information

I1S. 60 wholly in force; s. 60 not in force at Royal Assent see s. 121; s. 60(1)(a) in force at 1.1.1986 by S.I. 1985/1934; s. 60(1)(b) in force in specified areas and s. 60(2) wholly in force at 29.11.1991 by S.I. 1991/2686, art. 2, Sch.; s. 60(1)(b) in force in the Thames Valley police area at 9.11.1992 by S.I. 1992/2802, art. 2.

61 Finger-printing. E+W

(1)Except as provided by this section no person’s fingerprints may be taken without the appropriate consent.

(2)Consent to the taking of a person’s fingerprints must be in writing if it is given at a time when he is at a police station.

(3)The fingerprints of a person detained at a police station may be taken without the appropriate consent—

(a)if an officer of at least the rank of superintendent authorises them to be taken; or

(b)if—

(i)he has been charged with a recordable offence or informed that he will be reported for such an offence; and

(ii)he has not had his fingerprints taken in the course of the investigation of the offence by the police.

(4)An officer may only give an authorisation under subsection 3(a) above if he has reasonable grounds—

(a)for suspecting the involvement of the person whose fingerprints are to be taken in a criminal offence; and

(b)for believing that his fingerprints will tend to confirm or disprove his involvement.

(5)An officer may give an authorisation under subsection 3(a) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(6)Any person’s fingerprints may be taken without the appropriate consent if he has been convicted of a recordable offence.

(7)In a case where by virtue of subsection (3) or (6) above a person’s fingerprints are taken without the appropriate consent—

(a)he shall be told the reason before his fingerprints are taken; and

(b)the reason shall be recorded as soon as is practicable after the fingerprints are taken.

(8)If he is detained at a police station when the fingerprints are taken, the reason for taking them shall be recorded on his custody record.

(9)Nothing in this section—

(a)affects any power conferred by paragraph 18(2) of Schedule 2 to the M52Immigration Act 1971; or

(b)[F65except as provided in section 15(10) of, and paragraph 7(6) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989,] applies to a person arrested or detained under the terrorism provisions.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C110S. 61 applied with modifications by S.I. 1985/1882, art. 6

C111S. 61 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(2); s. 61 modified by the said S.I. 1993/1813, art. 6, Sch. 3 para. 3 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 4

Marginal Citations

Valid from 01/01/2006

[F6661AImpressions of footwearE+W

(1)Except as provided by this section, no impression of a person's footwear may be taken without the appropriate consent.

(2)Consent to the taking of an impression of a person's footwear must be in writing if it is given at a time when he is at a police station.

(3)Where a person is detained at a police station, an impression of his footwear may be taken without the appropriate consent if—

(a)he is detained in consequence of his arrest for a recordable offence, or has been charged with a recordable offence, or informed that he will be reported for a recordable offence; and

(b)he has not had an impression taken of his footwear in the course of the investigation of the offence by the police.

(4)Where a person mentioned in paragraph (a) of subsection (3) above has already had an impression taken of his footwear in the course of the investigation of the offence by the police, that fact shall be disregarded for the purposes of that subsection if the impression of his footwear taken previously is—

(a)incomplete; or

(b)is not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally).

(5)If an impression of a person's footwear is taken at a police station, whether with or without the appropriate consent—

(a)before it is taken, an officer shall inform him that it may be the subject of a speculative search; and

(b)the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the impression has been taken, and if he is detained at a police station, the record shall be made on his custody record.

(6)In a case where, by virtue of subsection (3) above, an impression of a person's footwear is taken without the appropriate consent—

(a)he shall be told the reason before it is taken; and

(b)the reason shall be recorded on his custody record as soon as is practicable after the impression is taken.

(7)The power to take an impression of the footwear of a person detained at a police station without the appropriate consent shall be exercisable by any constable.

(8)Nothing in this section applies to any person—

(a)arrested or detained under the terrorism provisions;

(b)arrested under an extradition arrest power.]

62 Intimate samples. E+W

(1)An intimate sample may be taken from a person in police detention only—

(a)if a police officer of at least the rank of superintendent authorises it to be taken; and

(b)if the appropriate consent is given.

(2)An officer may only give an authorisation if he has reasonable grounds—

(a)for suspecting the involvement of the person from whom the sample is to be taken in a serious arrestable offence; and

(b)for believing that the sample will tend to confirm or disprove his involvement.

(3)An officer may give an authorisation under subsection (1) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(4)The appropriate consent must be given in writing.

(5)Where—

(a)an authorisation has been given; and

(b)it is proposed that an intimate sample shall be taken in pursuance of the authorisation,

an officer shall inform the person from whom the sample is to be taken—

(i)of the giving of the authorisation; and

(ii)of the grounds for giving it.

(6)The duty imposed by subsection (5)(ii) above includes a duty to state the nature of the offence in which it is suspected that the person from whom the sample is to be taken has been involved.

(7)If an intimate sample is taken from a person—

(a)the authorisation by virtue of which it was taken;

(b)the grounds for giving the authorisation; and

(c)the fact that the appropriate consent was given,

shall be recorded as soon as is practicable after the sample is taken.

(8)If an intimate sample is taken from a person detained at a police station, the matters required to be recorded by subsection (7) above shall be recorded in his custody record.

(9)An intimate sample, other than a sample of urine or saliva, may only be taken from a person by a registered medical practitioner.

(10)Where the appropriate consent to the taking of an intimate sample from person was refused without good cause, in any proceedings against that person for an offence—

(a)the court, in determining—

(i)whether to commit that person for trial; or

(ii)whether there is a case to answer; and

[F67(aa)a judge, in deciding whether to grant an application made by the accused under—

(i)section 6 of the Criminal Justice Act 1987 (application for dismissal of charge of serious fraud in respect of which notice of transfer has been given under section 4 of that Act); or

(ii)paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (application for dismissal of charge of violent or sexual offence involving child in respect of which notice of transfer has been given under section 53 of that Act); and]

(b)the court or jury, in determining whether that person is guilty of the offence charged,

may draw such inferences from the refusal as appear proper; and the refusal may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence against the person in relation to which the refusal is material.

(11)Nothing in this section affects [F68sections 4 to 11 of the Road Traffic Act 1988].

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C115S. 62 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2 and 1985/1882, art. 7

C116S. 62 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(2)(3); s. 62 modified by the said S.I. 1993/1813, art. 6, Sch. 3 para. 3 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 4

63 Other samples. E+W

(1)Except as provided by this section, a non-intimate sample may not be taken from a person without the appropriate consent.

(2)Consent to the taking of a non-intimate sample must be given in writing.

(3)A non-intimate sample may be taken from a person without the appropriate consent if—

(a)he is in police detention or is being held in custody by the police on the authority of a court; and

(b)an officer of at least the rank of superintendent authorises it to be taken without the appropriate consent.

(4)An officer may only give an authorisation under subsection (3) above if he has reasonable grounds—

(a)for suspecting the involvement of the person from whom the sample is to be taken in a serious arrestable offence; and

(b)for believing that the sample will tend to confirm or disprove his involvement.

(5)An officer may give an authorisation under subsection (3) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(6)Where—

(a)an authorisation has been given; and

(b)it is proposed that a non-intimate sample shall be taken in pursuance of the authorisation,

an officer shall inform the person from whom the sample is to be taken—

(i)of the giving of the authorisation; and

(ii)of the grounds for giving it.

(7)The duty imposed by subsection 6(ii) above includes a duty to state the nature of the offence in which it is suspected that the person from whom the sample is to be taken has been involved.

(8)If a non-intimate sample is taken from a person by virtue of subsection (3) above—

(a)the authorisation by virtue of which it was taken; and

(b)the grounds for giving the authorisation,

shall be recorded as soon as is practicable after the sample is taken.

(9)If a non-intimate sample is taken from a person detained at a police station, the matters required to be recorded by subsection (8) above shall be recorded in his custody record.

Annotations:

Modifications etc. (not altering text)

C117S. 63 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2 and 1985/1882, art. 8

C118S. 63 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(2)(3); s. 63 modified by the said S.I. 1993/1813, art. 6, Sch. 3 para. 3 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 4

Valid from 10/04/1995

[F6963A Fingerprints and samples: supplementary provisions.E+W

(1)Fingerprints or samples or the information derived from samples taken under any power conferred by this Part of this Act from a person who has been arrested on suspicion of being involved in a recordable offence may be checked against other fingerprints or samples or the information derived from other samples contained in records held by or on behalf of the police or held in connection with or as a result of an investigation of an offence.

(2)Where a sample of hair other than pubic hair is to be taken the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample.

(3)Where any power to take a sample is exercisable in relation to a person the sample may be taken in a prison or other institution to which the M53Prison Act 1952 applies.

(4)Any constable may, within the allowed period, require a person who is neither in police detention nor held in custody by the police on the authority of a court to attend a police station in order to have a sample taken where—

(a)the person has been charged with a recordable offence or informed that he will be reported for such an offence and either he has not had a sample taken from him in the course of the investigation of the offence by the police or he has had a sample so taken from him but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient; or

(b)the person has been convicted of a recordable offence and either he has not had a sample taken from him since the conviction or he has had a sample taken from him (before or after his conviction) but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient.

(5)The period allowed for requiring a person to attend a police station for the purpose specified in subsection (4) above is—

(a)in the case of a person falling within paragraph (a), one month beginning with the date of the charge or one month beginning with the date on which the appropriate officer is informed of the fact that the sample is not suitable for the same means of analysis or has proved insufficient, as the case may be;

(b)in the case of a person falling within paragraph (b), one month beginning with the date of the conviction or one month beginning with the date on which the appropriate officer is informed of the fact that the sample is not suitable for the same means of analysis or has proved insufficient, as the case may be.

(6)A requirement under subsection (4) above—

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

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

(7)Any constable may arrest without a warrant a person who has failed to comply with a requirement under subsection (4) above.

(8)In this section “the appropriate officer” is—

(a)in the case of a person falling within subsection (4)(a), the officer investigating the offence with which that person has been charged or as to which he was informed that he would be reported;

(b)in the case of a person falling within subsection (4)(b), the officer in charge of the police station from which the investigation of the offence of which he was convicted was conducted.]

Valid from 20/06/2001

[F7063B Testing for presence of Class A drugs.E+W

(1)A sample of urine or a non-intimate sample may be taken from a person in police detention for the purpose of ascertaining whether he has any specified Class A drug in his body if the following conditions are met.

(2)The first condition is—

(a)that the person concerned has been charged with a trigger offence; or

(b)that the person concerned has been charged with an offence and a police officer of at least the rank of inspector, who has reasonable grounds for suspecting that the misuse by that person of any specified Class A drug caused or contributed to the offence, has authorised the sample to be taken.

(3)The second condition is that the person concerned has attained the age of 18.

(4)The third condition is that a police officer has requested the person concerned to give the sample.

(5)Before requesting the person concerned to give a sample, an officer must—

(a)warn him that if, when so requested, he fails without good cause to do so he may be liable to prosecution, and

(b)in a case within subsection (2)(b) above, inform him of the giving of the authorisation and of the grounds in question.

(6)A sample may be taken under this section only by a person prescribed by regulations made by the Secretary of State by statutory instrument.

No regulations shall be made under this subsection unless a draft has been laid before, and approved by resolution of, each House of Parliament.

(7)Information obtained from a sample taken under this section may be disclosed—

(a)for the purpose of informing any decision about granting bail in criminal proceedings (within the meaning of the M54Bail Act 1976) to the person concerned;

(b)where the person concerned is in police detention or is remanded in or committed to custody by an order of a court or has been granted such bail, for the purpose of informing any decision about his supervision;

(c)where the person concerned is convicted of an offence, for the purpose of informing any decision about the appropriate sentence to be passed by a court and any decision about his supervision or release;

(d)for the purpose of ensuring that appropriate advice and treatment is made available to the person concerned.

(8)A person who fails without good cause to give any sample which may be taken from him under this section shall be guilty of an offence.]

Annotations:

Amendments (Textual)

F70S. 63B inserted (for certain purposes on 20.6.2001, 2.7.2001, 20.5.2002, 2.9.2002, 1.4.2003, 1.4.2004 and otherwise prosp.) by 2000 c. 43, ss. 57(2), 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

Modifications etc. (not altering text)

C119S. 63B(2): power to amend conferred (for certain purposes on 20.6.2001, 2.7.2001, 20.5.2002, 2.9.2002, 1.4.2003, 1.4.2004 and otherwise prosp.) by 2000 c. 43, ss. 57(4), 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

Marginal Citations

Valid from 20/06/2001

F7163C Testing for presence of Class A drugs: supplementary.E+W

(1)A person guilty of an offence under section 63B above shall be liable on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding level 4 on the standard scale, or to both.

(2)A police officer may give an authorisation under section 63B above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(3)If a sample is taken under section 63B above by virtue of an authorisation, the authorisation and the grounds for the suspicion shall be recorded as soon as is practicable after the sample is taken.

(4)If the sample is taken from a person detained at a police station, the matters required to be recorded by subsection (3) above shall be recorded in his custody record.

(5)Subsections (11) and (12) of section 62 above apply for the purposes of section 63B above as they do for the purposes of that section; and section 63B above does not prejudice the generality of sections 62 and 63 above.

(6)In section 63B above—

Annotations:

Amendments (Textual)

F71S. 63C 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 otherwise 1.12.2005) by 2000 c. 43, ss. 57(3)(a), 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

Marginal Citations

64 Destruction of fingerprints and samples. E+W

(1)If—

(a)fingerprints or samples are taken from a person in connection with the investigation of an offence; and

(b)he is cleared of that offence,

they must be destroyed as soon as is practicable after the conclusion of the proceedings.

(2)If—

(a)fingerprints or samples are taken from a person in connection with such an investigation; and

(b)it is decided that he shall not be prosecuted for the offence and he has not admitted it and been dealt with by way of being cautioned by a constable,

they must be destroyed as soon as is practicable after that decision is taken.

(3)If—

(a)fingerprints or samples are taken from a person in connection with the investigation of an offence; and

(b)that person is not suspected of having committed the offence,

they must be destroyed as soon as they have fulfilled the purpose for which they were taken.

(4)Proceedings which are discontinued are to be treated as concluded for the purposes of this section.

[F72(5)If fingerprints are destroyed—

(a)any copies of the fingerprints shall also be destroyed; and

(b)any chief officer of police controlling access to computer data relating to the fingerprints shall make access to the data impossible, as soon as it is practicable to do so.]

(6)A person who asks to be allowed to witness the destruction of his fingerprints or copies of them shall have a right to witness it.

[F73(6A)If—

(a)subsection (5)(b) above falls to be complied with; and

(b)the person to whose fingerprints the data relate asks for a certificate that it has been complied with,

such a certificate shall be issued to him, not later than the end of the period of three months beginning with the day on which he asks for it, by the responsible chief officer of police or a person authorised by him or on his behalf for the purposes of this section.

(6B)In this section— “chief officer of police” means the chief officer of police for an area mentioned in Schedule 8 to the M56Police Act 1964; and “the responsible chief officer of police” means the chief officer of police in whose area the computer data were put on to the computer.]

(7)Nothing in this section—

(a)affects any power conferred by paragraph 18(2) of Schedule 2 to the M57Immigration Act 1971; or

(b)applies to a person arrested or detained under the terrorism provisions.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C120S. 64 applied with modifications by S.I. 1985/1882, art. 9

C121Ss. 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

C122S. 64(1)-(6) modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(3).

Marginal Citations

Prospective

64ZBDestruction of data given voluntarilyE+W

(1)This section applies to—

(a)fingerprints or impressions of footwear taken in connection with the investigation of an offence with the consent of the person from whom they were taken, and

(b)a DNA profile derived from a DNA sample taken in connection with the investigation of an offence with the consent of the person from whom the sample was taken.

(2)Material to which this section applies must be destroyed as soon as it has fulfilled the purpose for which it was taken or derived, unless it is—

(a)material relating to a person who is convicted of the offence,

(b)material relating to a person who has previously been convicted of a recordable offence, other than a person who has only one exempt conviction,

(c)material in relation to which any of sections 64ZC to 64ZH applies, or

(d)material which is not required to be destroyed by virtue of consent given under section 64ZL.

(3)If material to which this section applies leads to the person to whom the material relates being arrested for or charged with an offence other than the offence under investigation—

(a)the material is not required to be destroyed by virtue of this section, and

(b)sections 64ZD to 64ZH have effect in relation to the material as if the material was taken (or, in the case of a DNA profile, was derived from material taken) in connection with the investigation of the offence in respect of which the person is arrested or charged.

Prospective

64ZCDestruction of data relating to a person subject to a control orderE+W

(1)This section applies to material falling within subsection (2) relating to a person who—

(a)has no previous convictions or only one exempt conviction, and

(b)is subject to a control order.

(2)Material falls within this subsection if it is—

(a)fingerprints taken from the person, or

(b)a DNA profile derived from a DNA sample taken from the person.

(3)The material must be destroyed before the end of the period of 2 years beginning with the date on which the person ceases to be subject to a control order.

(4)This section ceases to have effect in relation to the material if the person is convicted—

(a)in England and Wales or Northern Ireland of a recordable offence, or

(b)in Scotland of an offence which is punishable by imprisonment,

before the material is required to be destroyed by virtue of this section.

(5)For the purposes of subsection (1)—

(a)a person has no previous convictions if the person has not previously been convicted—

(i)in England and Wales or Northern Ireland of a recordable offence, or

(ii)in Scotland of an offence which is punishable by imprisonment, and

(b)if the person has been previously convicted of a recordable offence in England and Wales or Northern Ireland, the conviction is exempt if it is in respect of a recordable offence other than a qualifying offence, committed when the person is aged under 18.

(6)For the purposes of that subsection—

(a)a person is to be treated as having been convicted of an offence if—

(i)he has been given a caution in England and Wales or Northern Ireland in respect of the offence which, at the time of the caution, he has admitted, [F75 and ]

F76(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)if a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction.

(7)In this section—

(a)“recordable offence” has, in relation to a conviction in Northern Ireland, the meaning given by Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989, and

(b)“qualifying offence” has, in relation to a conviction in respect of a recordable offence committed in Northern Ireland, the meaning given by Article 53A of that Order.

Prospective

64ZDDestruction of data relating to persons not convictedE+W

(1)This section applies to material falling within subsection (2) relating to a person who—

(a)has no previous convictions or only one exempt conviction,

(b)is arrested for or charged with a recordable offence, and

(c)is aged 18 or over at the time of the alleged offence.

(2)Material falls within this subsection if it is—

(a)fingerprints or impressions of footwear taken from the person in connection with the investigation of the offence, or

(b)a DNA profile derived from a DNA sample so taken.

(3)The material must be destroyed—

(a)in the case of fingerprints or impressions of footwear, before the end of the period of 6 years beginning with the date on which the fingerprints or impressions were taken,

(b)in the case of a DNA profile, before the end of the period of 6 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).

(4)But if, before the material is required to be destroyed by virtue of this section, the person is arrested for or charged with a recordable offence the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge.

(5)This section ceases to have effect in relation to the material if the person is convicted of a recordable offence before the material is required to be destroyed by virtue of this section.

Prospective

64ZEDestruction of data relating to persons under 18 not convicted: recordable offences other than qualifying offencesE+W

(1)This section applies to material falling within subsection (2) relating to a person who—

(a)has no previous convictions or only one exempt conviction,

(b)is arrested for or charged with a recordable offence other than a qualifying offence, and

(c)is aged under 18 at the time of the alleged offence.

(2)Material falls within this subsection if it is—

(a)fingerprints or impressions of footwear taken from the person in connection with the investigation of the offence, or

(b)a DNA profile derived from a DNA sample so taken.

(3)The material must be destroyed—

(a)in the case of fingerprints or impressions of footwear, before the end of the period of 3 years beginning with the date on which the fingerprints or impressions were taken,

(b)in the case of a DNA profile, before the end of the period of 3 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).

(4)But if, before the material is required to be destroyed by virtue of this section, the person is arrested for or charged with a recordable offence—

(a)where the person is aged 18 or over at the time of the alleged offence, the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge,

(b)where—

(i)the alleged offence is not a qualifying offence, and

(ii)the person is aged under 18 at the time of the alleged offence,

the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge,

(c)where—

(i)the alleged offence is a qualifying offence, and

(ii)the person is aged under 16 at the time of the alleged offence,

the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge,

(d)where—

(i)the alleged offence is a qualifying offence, and

(ii)the person is aged 16 or 17 at the time of the alleged offence,

the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge,

(e)where—

(i)the person is convicted of the offence,

(ii)the offence is not a qualifying offence,

(iii)the person is aged under 18 at the time of the offence, and

(iv)the person has no previous convictions,

the material may be further retained until the end of the period of 5 years beginning with the date of the arrest or charge.

(5)This section ceases to have effect in relation to the material if, before the material is required to be destroyed by virtue of this section, the person—

(a)is convicted of a recordable offence and is aged 18 or over at the time of the offence,

(b)is convicted of a qualifying offence, or

(c)having a previous exempt conviction, is convicted of a recordable offence.

Prospective

64ZFDestruction of data relating to persons under 16 not convicted: qualifying offencesE+W

(1)This section applies to material falling within subsection (2) relating to a person who—

(a)has no previous convictions or only one exempt conviction,

(b)is arrested for or charged with a qualifying offence, and

(c)is aged under 16 at the time of the alleged offence.

(2)Material falls within this subsection if it is—

(a)fingerprints or impressions of footwear taken from the person in connection with the investigation of the offence, or

(b)a DNA profile derived from a DNA sample so taken.

(3)The material must be destroyed—

(a)in the case of fingerprints or impressions of footwear, before the end of the period of 3 years beginning with the date on which the fingerprints or impressions were taken,

(b)in the case of a DNA profile, before the end of the period of 3 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).

(4)But if, before the material is required to be destroyed by virtue of this section, the person is arrested for or charged with a recordable offence—

(a)where the person is aged 18 or over at the time of the alleged offence, the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge,

(b)where—

(i)the alleged offence is not a qualifying offence, and

(ii)the person is aged under 18 at the time of the alleged offence,

the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge,

(c)where—

(i)the alleged offence is a qualifying offence, and

(ii)the person is aged under 16 at the time of the alleged offence,

the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge,

(d)where—

(i)the alleged offence is a qualifying offence, and

(ii)the person is aged 16 or 17 at the time of the alleged offence,

the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge,

(e)where—

(i)the person is convicted of the offence,

(ii)the offence is not a qualifying offence,

(iii)the person is aged under 18 at the time of the offence, and

(iv)the person has no previous convictions,

the material may be further retained until the end of the period of 5 years beginning with the date of the arrest or charge.

(5)This section ceases to have effect in relation to the material if, before the material is required to be destroyed by virtue of this section, the person—

(a)is convicted of a recordable offence and is aged 18 or over at the time of the offence,

(b)is convicted of a qualifying offence, or

(c)having a previous exempt conviction, is convicted of a recordable offence.

Prospective

64ZGDestruction of data relating to persons aged 16 or 17 not convicted: qualifying offencesE+W

(1)This section applies to material falling within subsection (2) relating to a person who—

(a)has no previous convictions or only one exempt conviction,

(b)is arrested for or charged with a qualifying offence, and

(c)is aged 16 or 17 at the time of the alleged offence.

(2)Material falls within this subsection if it is—

(a)fingerprints or impressions of footwear taken from the person in connection with the investigation of the offence, or

(b)a DNA profile derived from a DNA sample so taken.

(3)The material must be destroyed—

(a)in the case of fingerprints or impressions of footwear, before the end of the period of 6 years beginning with the date on which the fingerprints or impressions were taken,

(b)in the case of a DNA profile, before the end of the period of 6 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).

(4)But if, before the material is required to be destroyed by virtue of this section, the person is arrested for or charged with a recordable offence—

(a)where the person is aged 18 or over at the time of the alleged offence, the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge,

(b)where—

(i)the alleged offence is not a qualifying offence, and

(ii)the person is aged under 18 at the time of the alleged offence,

the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge,

(c)where—

(i)the alleged offence is a qualifying offence, and

(ii)the person is aged 16 or 17 at the time of the alleged offence,

the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge,

(d)where—

(i)the person is convicted of the offence,

(ii)the offence is not a qualifying offence,

(iii)the person is aged under 18 at the time of the offence, and

(iv)the person has no previous convictions,

the material may be further retained until the end of the period of 5 years beginning with the date of the arrest or charge.

(5)This section ceases to have effect in relation to the material if, before the material is required to be destroyed by virtue of this section, the person—

(a)is convicted of a recordable offence and is aged 18 or over at the time of the offence,

(b)is convicted of a qualifying offence, or

(c)having a previous exempt conviction, is convicted of a recordable offence.

Prospective

64ZHDestruction of data relating to persons under 18 convicted of a recordable offence other than a qualifying offenceE+W

(1)This section applies to material falling within subsection (2) relating to a person who—

(a)has no previous convictions,

(b)is convicted of a recordable offence other than a qualifying offence, and

(c)is aged under 18 at the time of the offence.

(2)Material falls within this subsection if it is—

(a)fingerprints or impressions of footwear taken from the person in connection with the investigation of the offence, or

(b)a DNA profile derived from a DNA sample so taken.

(3)The material must be destroyed—

(a)in the case of fingerprints or impressions of footwear, before the end of the period of 5 years beginning with the date on which the fingerprints or impressions were taken,

(b)in the case of a DNA profile, before the end of the period of 5 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).

(4)But if, before the material is required to be destroyed by virtue of this section, the person is arrested for or charged with a recordable offence—

(a)where the person is aged 18 or over at the time of the alleged offence, the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge,

(b)where—

(i)the alleged offence is not a qualifying offence, and

(ii)the person is aged under 18 at the time of the alleged offence,

the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge,

(c)where—

(i)the alleged offence is a qualifying offence, and

(ii)the person is aged under 16 at the time of the alleged offence,

the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge,

(d)where—

(i)the alleged offence is a qualifying offence, and

(ii)the person is aged 16 or 17 at the time of the alleged offence,

the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge.

(5)This section ceases to have effect in relation to the material if the person is convicted of a further recordable offence before the material is required to be destroyed by virtue of this section.

Prospective

64ZISections 64ZB to 64ZH: supplementary provisionE+W

(1)Any reference in section 64ZB or sections 64ZD to 64ZH to a person being charged with an offence includes a reference to a person being informed that he will be reported for an offence.

(2)For the purposes of those sections—

(a)a person has no previous convictions if the person has not previously been convicted of a recordable offence, and

(b)if the person has been previously convicted of a recordable offence, the conviction is exempt if it is in respect of a recordable offence other than a qualifying offence, committed when the person is aged under 18.

(3)For the purposes of those sections, a person is to be treated as having been convicted of an offence if—

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

F77(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)If a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purpose of any provision of those sections relating to an exempt, first or subsequent conviction.

(5)Subject to the completion of any speculative search that the responsible chief officer of police considers necessary or desirable, material falling within any of sections 64ZD to 64ZH must be destroyed immediately if it appears to the chief officer that—

(a)the arrest was unlawful,

(b)the taking of the fingerprints, impressions of footwear or DNA sample concerned was unlawful,

(c)the arrest was based on mistaken identity, or

(d)other circumstances relating to the arrest or the alleged offence mean that it is appropriate to destroy the material.

(6)Responsible chief officer of police” means the chief officer of police for the police area—

(a)in which the samples, fingerprints or impressions of footwear were taken, or

(b)in the case of a DNA profile, in which the sample from which the DNA profile was derived was taken.

Prospective

64ZNUse of retained materialE+W

(1)Any material to which section 64 applies which is retained after it has fulfilled the purpose for which it was taken or derived must not be used other than—

(a)in the interests of national security,

(b)for the purposes of a terrorist investigation,

(c)for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or

(d)for purposes related to the identification of a deceased person or of the person to whom the material relates.

(2)Material which is required to be destroyed by virtue of any of sections 64ZA to 64ZJ, or of section 64ZM, must not at any time after it is required to be destroyed be used—

(a)in evidence against the person to whom the material relates, or

(b)for the purposes of the investigation of any offence.

(3)In this section—

(a)the reference to using material includes a reference to allowing any check to be made against it and to disclosing it to any person,

(b)the reference to crime includes a reference to any conduct which—

(i)constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom), or

(ii)is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences, and

(c)the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.]

Valid from 14/12/2001

[F7864A Photographing of suspects etc.E+W

(1)A person who is detained at a police station may be photographed—

(a)with the appropriate consent; or

(b)if the appropriate consent is withheld or it is not practicable to obtain it, without it.

(2)A person proposing to take a photograph of any person under this section—

(a)may, for the purpose of doing so, require the removal of any item or substance worn on or over the whole or any part of the head or face of the person to be photographed; and

(b)if the requirement is not complied with, may remove the item or substance himself.

(3)Where a photograph may be taken under this section, the only persons entitled to take the photograph are—

(a)constables; and

(b)persons who (without being constables) are designated for the purposes of this section by the chief officer of police for the police area in which the police station in question is situated;

and section 117 (use of force) applies to the exercise by a person falling within paragraph (b) of the powers conferred by the preceding provisions of this section as it applies to the exercise of those powers by a constable.

(4)A photograph taken under this section—

(a)may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution; and

(b)after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related.

(5)In subsection (4)—

(a)the reference to crime includes a reference to any conduct which—

(i)constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or

(ii)is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences;

and

(b)the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.

(6)References in this section to taking a photograph include references to using any process by means of which a visual image may be produced; and references to photographing a person shall be construed accordingly.]

Annotations:

Amendments (Textual)

F78 S. 64A inserted (14.12.2001) by 2001 c. 24, s. 92

65 Part V—supplementary. E+W

In this Part of this Act—

  • appropriate consent” means—

(a)in relation to a person who has attained the age of 17 years, the consent of that person;

(b)in relation to a person who has not attained that age but has attained the age of 14 years, the consent of that person and his parent or guardian; and

(c)in relation to a person who has not attained the age of 14 years, the consent of his parent or guardian;

  • [F79drug trafficking” and “drug trafficking offence” have the same meaning as in the [F80Drug Trafficking Act 1994]]

  • fingerprints” includes palm prints;

  • intimate sample” means a sample of blood, semen or any other tissue fluid, urine, saliva or pubic hair, or a swab taken from a person’s body [F81orifices];

  • non-intimate sample” means—

(a)a sample of hair other than pubic hair;

(b)a sample taken from a nail or from under a nail;

(c)a swab taken from any part of a person’s body other than a body orifice;

(d)a footprint or a similar impression of any part of a person’s body other than a part of his hand;

  • [F82the terrorism provisions” means section 14(1) of the Prevention of Terrorism (Temporary Provisions) Act 1989 and any provision of Schedule 2 or 5 to that Act conferring a power of arrest or detention; and

  • terrorism” has the meaning assigned to it by section 20(1) of that Act.]

  • [F83 . . . F84 References in this part to any person’s proceeds of drug trafficking are to be construed in accordance with the [F80Drug Trafficking Act 1994.]]

Valid from 06/04/2013

[F8565AQualifying offence”E+W

(1)In this Part, “qualifying offence” means—

(a)an offence specified in subsection (2) below, or

(b)an ancillary offence relating to such an offence.

(2)The offences referred to in subsection (1)(a) above are—

(a)murder;

(b)manslaughter;

(c)false imprisonment;

(d)kidnapping;

(e)an offence under section 4, 16, 18, 20 to 24 or 47 of the Offences Against the Person Act 1861;

(f)an offence under section 2 or 3 of the Explosive Substances Act 1883;

(g)an offence under section 1 of the Children and Young Persons Act 1933;

(h)an offence under section 4(1) of the Criminal Law Act 1967 committed in relation to murder;

(i)an offence under sections 16 to 18 of the Firearms Act 1968;

(j)an offence under section 9 or 10 of the Theft Act 1968 or an offence under section 12A of that Act involving an accident which caused a person's death;

(k)an offence under section 1 of the Criminal Damage Act 1971 required to be charged as arson;

(l)an offence under section 1 of the Protection of Children Act 1978;

(m)an offence under section 1 of the Aviation Security Act 1982;

(n)an offence under section 2 of the Child Abduction Act 1984;

(o)an offence under section 9 of the Aviation and Maritime Security Act 1990;

(p)an offence under any of sections 1 to 19, 25, 26, 30 to 41, 47 to 50, 52, 53, 57 to 59, 61 to 67, 69 and 70 of the Sexual Offences Act 2003;

(q)an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004;

(r)an offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008.

(3)The Secretary of State may by order made by statutory instrument amend subsection (2) above.

(4)A statutory instrument containing an order under subsection (3) above shall not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(5)In subsection (1)(b) above “ancillary offence”, in relation to an offence, means—

(a)aiding, abetting, counselling or procuring the commission of the offence;

(b)an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence (including, in relation to times before the commencement of that Part, an offence of incitement);

(c)attempting or conspiring to commit the offence.]

Part VIE+W Codes of Practice—General

66 Codes of practice.E+W

The Secretary of State shall issue codes of practice in connection with—

(a)the exercise by police officers of statutory powers—

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

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

(b)the detention, treatment, questioning and identification of persons by police officers;

(c)searches of premises by police officers; and

(d)the seizure of property found by police officers on persons or premises.

67 Codes of practice—supplementary.E+W

(1)When the Secretary of State proposes to issue a code of practice to which this section applies, he shall prepare and publish a draft of that code, shall consider any representations made to him about the draft and may modify the draft accordingly.

(2)This section applies to a code of practice under section 60 or 66 above.

(3)The Secretary of State shall lay before both Houses of Parliament a draft of any code of practice prepared by him under this section.

(4)When the Secretary of State has laid the draft of a code before Parliament, he may bring the code into operation by order made by statutory instrument.

(5)No order under subsection (4) above shall have effect until approved by a resolution of each House of Parliament.

(6)An order bringing a code of practice into operation may contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the code of practice thereby brought into operation.

(7)The Secretary of State may from time to time revise the whole or any part of a code of practice to which this section applies and issue that revised code; and the foregoing provisions of this section shall apply (with appropriate modifications) to such a revised code as they apply to the first issue of a code.

(8)A police officer shall be liable to disciplinary proceedings for a failure to comply with any provision of such a code, unless such proceedings are precluded by section 104 below.

(9)Persons other than police officers who are charged with the duty of investigating offences or charging offenders shall in the discharge of that duty have regard to any relevant provision of such a code.

(10)A failure on the part—

(a)of a police officer to comply with any provision of such a code; or

(b)of any person other than a police officer who is charged with the duty of investigating offences or charging offenders to have regard to any relevant provision of such a code in the discharge of that duty,

shall not of itself render him liable to any criminal or civil proceedings.

(11)In all criminal and civil proceedings any such code shall be admissible in evidence; and if any provision of such a code appears to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.

(12)In this section “criminal proceedings” includes—

(a)proceedings in the United Kingdom or elsewhere before a court-martial constituted under the M58Army Act 1955, the M59Air Force Act 1955 or the M60Naval Discipline Act 1957 or a disciplinary court constituted under section 50 of the said Act of 1957;