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Police and Criminal Evidence Act 1984

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part I Powers to Stop and Search

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

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

    3. 3.Duty to make records concerning searches

    4. 4.Road checks

    5. 5.Reports of recorded searches and of road checks

    6. 6.Statutory undertakers etc.

    7. 7.Part I-supplementary

  3. Part II Powers of Entry, Search and Seizure

    1. Search warrants

      1. 8.Power of justice of the peace to authorise entry and search of premises

      2. 9.Special provisions as to access

      3. 10.Meaning of " items subject to legal privilege "

      4. 11.Meaning of " excluded material "

      5. 12.Meaning of " personal records "

      6. 13.Meaning of " journalistic material "

      7. 14.Meaning of " special procedure material "

      8. 15.Search warrants-safeguards

      9. 16.Execution of warrants

    2. Entry and search without search warrant

      1. 17.Entry for purpose of arrest etc.

      2. 18.Entry and search after arrest

    3. Seizure etc.

      1. 19.General power of seizure etc.

      2. 20.Extension of powers of seizure to computerised information

      3. 21.Access and copying

      4. 22.Retention

    4. Supplementary

      1. 23.Meaning of " premises " etc.

  4. Part III Arrest

    1. 24.Arrest without warrant for arrestable offences

    2. 25.General arrest conditions

    3. 26.Repeal of statutory powers of arrest without warrant or order

    4. 27.Fingerprinting of certain offenders

    5. 28.Information to be given on arrest

    6. 29.Voluntary attendance at police station etc.

    7. 30.Arrest elsewhere than at police station

    8. 31.Arrest for further offence

    9. 32.Search upon arrest

    10. 33.Execution of warrant not in possession of constable

  5. Part IV Detention

    1. Detention—conditions and duration

      1. 34.Limitations on police detention

      2. 35.Designated police stations

      3. 36.Custody officers at police stations

      4. 37.Duties of custody officer before charge.

      5. 38.Duties of custody officer after charge

      6. 39.Responsibilities in relation to persons detained

      7. 40.Review of police detention

      8. 41.Limits on period of detention without charge

      9. 42.Authorisation of continued detention

      10. 43.Warrants of further detention

      11. 44.Extension of warrants of further detention

      12. 45.Detention before charge-supplementary

    2. Detention—miscellaneous

      1. 46.Detention after charge

      2. 47.Bail after arrest

      3. 48.Remands to police detention

      4. 49.Police detention to count towards custodial sentence

      5. 50.Records of detention

      6. 51.Savings

      7. 52.Children

  6. Part V Questioning and Treatment of Persons by Police

    1. 53.Abolition of certain powers of constables to search persons

    2. 54.Searches of detained persons

    3. 55.Intimate searches

    4. 56.Right to have someone informed when arrested

    5. 57.Additional rights of children and young persons

    6. 58.Access to legal advice

    7. 59.Legal aid for persons at police stations

    8. 60.Tape-recording of interviews

    9. 61.Fingerprinting

    10. 62.Intimate samples

    11. 63.Other samples

    12. 64.Destruction of fingerprints and samples

    13. 65.Part V-supplementary

  7. Part VI Codes of Practice—General

    1. 66.Codes of practice

    2. 67.Codes of practice-supplementary

  8. Part VII Documentary Evidence in Criminal Proceedings

    1. 68.Evidence from documentary records

    2. 69.Evidence from computer records

    3. 70.Provisions supplementary to sections 68 and 69

    4. 71.Microfilm copies

    5. 72.Part VII-supplementary

  9. Part VIII Evidence in Criminal Proceedings—General

    1. Convictions and acquittals

      1. 73.Proof of convictions and acquittals

      2. 74.Conviction as evidence of commission of offence

      3. 75.Provisions supplementary to section 74

    2. Confessions

      1. 76.Confessions

      2. 77.Confessions by mentally handicapped persons

    3. Miscellaneous

      1. 78.Exclusion of unfair evidence

      2. 79.Time for taking accused's evidence

      3. 80.Competence and compellability of accused's spouse

      4. 81.Advance notice of expert evidence in Crown Court

    4. Part VIII—supplementary

      1. 82.Part VIII-interpretation

  10. Part IX Police Complaints and Discipline

    1. The Police Complaints Authority

      1. 83.Establishment of the Police Complaints Authority

    2. Handling of complaints etc.

      1. 84.Preliminary

      2. 85.Investigation of complaints: standard procedure

      3. 86.Investigation of complaints against senior officers

      4. 87.References of complaints to Authority

      5. 88.References of other matters to Authority

      6. 89.Supervision of investigations by Authority

      7. 90.Steps to be taken after investigation-general

      8. 91.Steps to be taken where accused has admitted charges

      9. 92.Powers of Authority to direct reference of reports etc. to Director of Public Prosecutions

      10. 93.Powers of Authority as to disciplinary charges

      11. 94.Disciplinary tribunals

      12. 95.Information as to the manner of dealing with complaints etc.

      13. 96.Constabularies maintained by authorities other than police authorities

      14. 97.Reports

      15. 98.Restriction on disclosure of information

      16. 99.Regulations

      17. 100.Regulations-supplementary

    3. Amendments of discipline provisions

      1. 101.Discipline regulations

      2. 102.Representation at disciplinary proceedings

      3. 103.Disciplinary appeals

    4. General

      1. 104.Restrictions on subsequent proceedings

      2. 105.Guidelines concerning discipline, complaints etc.

  11. Part X Police—General

    1. 106.Arrangements for obtaining the views of the community on policing

    2. 107.Police officers performing duties of higher rank

    3. 108.Deputy chief constables

    4. 109.Amendments relating to Police Federations

    5. 110.Functions of special constables in Scotland

    6. 111.Regulations for Police Forces and Police Cadets-Scotland

    7. 112.Metropolitan police officers

  12. Part XI Miscellaneous and Supplementary

    1. 113.Application of Act to Armed Forces

    2. 114.Application of Act to Customs and Excise

    3. 115.Expenses

    4. 116.Meaning of " serious arrestable offence "

    5. 117.Power of constable to use reasonable force

    6. 118.General interpretation

    7. 119.Amendments and repeals

    8. 120.Extent

    9. 121.Commencement

    10. 122.Short title

  13. Schedules

    1. Schedule 1

      Special Procedure

      1. Making of orders by circuit judge

        1. 1.If on an application made by a constable a circuit...

        2. 2.The first set of access conditions is fulfilled if—

        3. 3.The second set of access conditions is fulfilled if—

        4. 4.An order under this paragraph is an order that the...

        5. 5.Where the material consists of information contained in a computer—...

        6. 6.For the purposes of sections 21 and 22 above material...

      2. Notices of applications for orders

        1. 7.An application for an order under paragraph 4 above shall...

        2. 8.Notice of an application for such an order may be...

        3. 9.Such a notice may be served— (a) on a body...

        4. 10.For the purposes of this Schedule, and of section 7...

        5. 11.Where notice of an application for an order under paragraph...

      3. Issue of warrants by circuit judge

        1. 12.If on an application made by a constable a circuit...

        2. 13.A constable may seize and retain anything for which a...

        3. 14.The further conditions mentioned in paragraph 12(a)(ii) above are—

        4. 15.(1) If a person fails to comply with an order...

      4. Costs

        1. 16.The costs of any application under this Schedule and of...

    2. Schedule 2

      Preserved Powers of Arrest

    3. Schedule 3

      Provisions Supplementary to Sections 68 and 69

      1. Part I Provisions Supplementary to Section 68

        1. 1.Section 68(1) above applies whether the information contained in the...

        2. 2.Where— (a) a document setting out the evidence which a...

        3. 3.Where in any proceedings a statement based on information supplied...

        4. 4.A statement which is admissible by virtue of section 68...

        5. 5.In deciding for the purposes of section 68(2)(a)(i) above whether...

        6. 6.Any reference in section 68 above or this Part of...

        7. 7.In estimating the weight, if any, to be attached to...

      2. Part II Provisions Supplementary to Section 69

        1. 8.In any proceedings where it is desired to give a...

        2. 9.Notwithstanding paragraph 8 above, a court may require oral evidence...

        3. 10.Any person who in a certificate tendered under paragraph 8...

        4. 11.In estimating the weight, if any, to be attached to...

        5. 12.For the purposes of paragraph 11 above information shall be...

      3. Part III Provisions Supplementary to Sections 68 and 69

        1. 13.Where in any proceedings a statement contained in a document...

        2. 14.For the purpose of deciding whether or not a statement...

        3. 15.Provision may be made by rules of court for supplementing...

    4. Schedule 4

      The Police Complaints Authority

      1. Part I General

        1. Constitution of Authority

          1. 1.(1) The Police Complaints Authority shall consist of a chairman...

        2. Incorporation and status of Authority

          1. 2.(1) The Authority shall be a body corporate.

        3. Members

          1. 3.(1) Subject to the following provisions of this Schedule, a...

          2. 4.The Secretary of State may pay, or make such payments...

          3. 5.Where a person ceases to hold such an office otherwise...

        4. Staff

          1. 6.The Authority may, after consultation with the Secretary of State,...

          2. 7.(1) Employment by the Authority shall be included among the...

          3. 8.The Employers' Liability (Compulsory Insurance) Act 1969 shall not require...

        5. Power of Authority to set up regional offices

          1. 9.(1) If it appears to the Authority that it is...

        6. Proceedings

          1. 10.(1) Subject to the provisions of this Act, the arrangements...

          2. 11.The validity of any proceedings of the Authority shall not...

        7. Finance

          1. 12.The Secretary of State shall pay to the Authority expenses...

          2. 13.(1) It shall be the duty of the Authority—

      2. Part II Transitional

        1. Information received by Police Complaints Board

          1. 14.(1) No information received by the Police Complaints Board in...

        2. Property, rights and liabilities

          1. 15.(1) On the day on which section 83 above comes...

        3. Proceedings

          1. 16.Proceedings in any court to which the Police Complaints Board...

        4. Payments to former members of Police Complaints Board

          1. 17.Where a person— (a) ceases to be a member of...

        5. General

          1. 18.Paragraphs 14 to 17 above are without prejudice to the...

    5. Schedule 5

      Serious Arrestable Offences

      1. Part I Offences Mentioned in Section 116(2)(a)

        1. 1.Treason.

        2. 2.Murder.

        3. 3.Manslaughter.

        4. 4.Rape.

        5. 5.Kidnapping.

        6. 6.Incest with a girl under the age of 13.

        7. 7.Buggery with— (a) a boy under the age of 16...

        8. 8.Indecent assault which constitutes an act of gross indecency.

      2. Part II Offences Mentioned in Section 116(2)(b)

        1. Explosive Substances Act 1883 (c. 3)

          1. 1.Section 2 (causing explosion likely to endanger life or property)....

        2. Sexual Offences Act 1956 (c. 69)

          1. 2.Section 5 (intercourse with a girl under the age of...

        3. Firearms Act 1968 (c. 27)

          1. 3.Section 16 (possession of firearms with intent to injure).

          2. 4.Section 17(1) (use of firearms and imitation firearms to resist...

          3. 5.Section 18 (carrying firearms with criminal intent).

        4. Road Traffic Act 1972 (c. 20)

          1. 6.Section 1 (causing death by reckless driving).

        5. Taking of Hostages Act 1982 (c. 28)

          1. 7.Section 1 (hostage-taking).

        6. Aviation Security Act 1982 (c. 36)

          1. 8.Section 1 (hi-jacking).

    6. Schedule 6

      Minor and Consequential Amendments

      1. Part I England and Wales

        1. Game Act 1831 (c. 32)

          1. 1.The following section shall be inserted after section 31 of...

        2. Metropolitan Police Act 1839 (c. 47)

          1. 2.In section 39 of the Metropolitan Police Act 1839 (fairs...

        3. Railway Regulation Act 1840 (c. 97)

          1. 3.In section 16 of the Railway Regulation Act 1840 (persons...

        4. London Hackney Carriages Act 1843 (c. 86)

          1. 4.In section 27 of the London Hackney Carriages Act 1843...

        5. Town Gardens Protection Act 1863 (c. 13)

          1. 5.In section 5 of the Town Gardens Protection Act 1863...

        6. Parks Regulation Act 1872 (c. 15)

          1. 6.The following section shall be substituted for section 5 of...

        7. Dogs (Protection of Livestock) Act 1953 (c. 28)

          1. 7.In the Dogs (Protection of Livestock) Act 1953 the following...

        8. Army Act 1955 (c. 18)

          1. Air Force Act 1955 (c. 19)

            1. 8.The following subsection shall be substituted for section 195(3) of...

        9. Sexual Offences Act 1956 (c. 69)

          1. 9.At the end of section 41 of the Sexual Offences...

        10. Game Laws (Amendment) Act 1960 (c. 36)

          1. 10.In subsection (1) of section 2 of the Game Laws...

          2. 11.In subsection (1) of section 4 of that Act (enforcement...

        11. Betting, Gaming and Lotteries Act 1963 (c. 2)

          1. 12.The following subsection shall be substituted for subsection (2) of...

        12. Deer Act 1963 (c. 36)

          1. 13.In subsection (2) of section 5 of the Deer Act...

        13. Police Act 1964 (c. 48)

          1. 14.In section 7(1) of the Police Act 1964 (other members...

          2. 15.In section 29(2) of that Act (removal of chief constables)...

          3. 16.In section 43(5) of that Act (central service) after the...

        14. Criminal Law Act 1967 (c. 58)

          1. 17.The following subsection shall be inserted after section 4(1) of...

        15. Theatres Act 1968 (c. 54)

          1. 18.In section 15(1) of the Theatres Act 1968 (powers of...

        16. Children and Young Persons Act 1969 (c. 54)

          1. 19.In the Children and Young Persons Act 1969—

        17. Immigration Act 1971 (c. 77)

          1. 20.In section 25(3) of the Immigration Act 1971 for the...

        18. Criminal Justice Act 1972 (c. 71)

          1. 21.In subsection (1) of section 34 of the Criminal Justice...

        19. Child Care Act 1980 (c. 5)

          1. 22.In subsection (1)(b) of section 73 of the Child Care...

        20. Deer Act 1980 (c. 49)

          1. 23.In subsection (2) of section 4 of the Deer Act...

        21. Animal Health Act 1981 (c. 22)

          1. 24.In subsection (5) of section 60 of the Animal Health...

        22. Wildlife and Countryside Act 1981 (c. 69)

          1. 25.In subsection (2) of section 19 of the Wildlife and...

        23. Mental Health Act 1983 (c. 20)

          1. 26.In section 135(4) of the Mental Health Act 1983 for...

        24. Prevention of Terrorism (Temporary Provisions) Act 1984 (c. 8)

          1. 27.In paragraph 4 of Schedule 3 to the Prevention of...

      2. Part II Other Amendments

        1. Army Act 1955 (c. 18)

          1. 28.(1) The Army Act 1955 shall be amended as follows....

        2. Air Force Act 1955 (c. 19)

          1. 29.(1) The Air Force Act 1955 shall be amended as...

        3. Police (Scotland) Act 1967 (c. 77)

          1. 30.In section 6(2) of the Police (Scotland) Act 1967 (constables...

          2. 31.In section 7(1) of that Act (ranks) after the words...

          3. 32.In section 26(7) of that Act (disciplinary authority) immediately before...

          4. 33.In section 31(2) of that Act (compulsory retirement of chief...

        4. Courts-Martial (Appeals) Act 1968 (c. 20)

          1. 34.(1) The following section shall be inserted after section 37...

        5. House of Commons Disqualification Act 1975 (c. 24)

          1. Northern Ireland Assembly Disqualification Act 1975 (c. 25)

            1. 35.In Part II of Schedule 1 to the House of...

        6. Armed Forces Act 1976 (c. 52)

          1. 36.The following paragraph shall be inserted after paragraph 17 of...

        7. Customs and Excise Management Act 1979 (c. 2)

          1. 37.The following subsection shall be substituted for section 138(4) of...

          2. 38.In section 161 of that Act— (a) in subsection (3),...

        8. Betting and Gaming Duties Act 1981 (c. 63)

          1. 39.In the following provisions of the Betting and Gaming Duties...

        9. Car Tax Act 1983 (c. 53)

          1. 40.In paragraph 7(3) of Schedule 1 to the Car Tax...

        10. Value Added Tax Act 1983 (c. 55)

          1. 41.In Schedule 7 to the Value-Added Tax Act 1983—

    7. Schedule 7

      Repeals

      1. Part I Enactments Repealed in Consequence of Parts I to V

      2. Part II Enactments Repealed in Relation to Criminal Proceedings in Consequence of Part VII

      3. Part III Enactments Repealed Generally in Consequence of Part VII

      4. Part IV Enactments Repealed in Relation to Criminal Proceedings in Consequence of Part VIII

      5. Part V Enactments Repealed Generally in Consequence of Part VIII

      6. Part VI Miscellaneous Repeals

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