Search Legislation

Police and Criminal Evidence Act 1984

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Police and Criminal Evidence Act 1984, Part VI is up to date with all changes known to be in force on or before 18 November 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 61(6BA) inserted by 2008 c. 28 s. 10(1) (This amendment not applied to legislation.gov.uk. S. 10 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
  • s. 63(3D) inserted by 2008 c. 28 s. 10(2) (This amendment not applied to legislation.gov.uk. S. 10 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
  • s. 64(1AA) inserted by 2008 c. 28 s. 10(4) (This amendment not applied to legislation.gov.uk. S. 10 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
  • s. 65(1) words inserted by 2008 c. 28 s. 10(5) (This amendment not applied to legislation.gov.uk. S. 10 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
  • s. 65(1) words inserted by 2010 c. 17 s. 14(3)(a) (This amendment not applied to legislation.gov.uk. S. 14 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • s. 65(1) words inserted by 2010 c. 17 s. 14(3)(b) (This amendment not applied to legislation.gov.uk. S. 14 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • s. 114ZA inserted by 2016 anaw 6 s. 185(1)
  • Sch. 1A para. 21A added by 1995 c. 32, s. 8B(1) (as inserted) by 2006 c. 12 Sch. 3 para. 13

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; F1. . .

(ii)to search a vehicle without making an arrest;[F2 or

(iii)to arrest a person;]

(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.

[F3(2)Codes shall (in particular) include provision in connection with the exercise by police officers of powers under section 63B above.]

[F4(3)Nothing in this section requires the Secretary of State to issue a code of practice in relation to any matter falling within the code of practice issued under section 47AB(2) of the Terrorism Act 2000 (as that code is altered or replaced from time to time) (code of practice in relation to terrorism powers to search persons and vehicles and to stop and search in specified locations).]

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F1S. 66: "in subsection (1)(a)" word at the end of sub-paragraph (i) repealed (1.1.2006) by virtue of Serious Organised Crime and Police Act 2005 (c. 15), ss. 110(3)(a), 178, Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(m)(t)(u)(xxiv)

F2S. 66: "in subsection (1)(a)" sub-paragraph (ii) and word inserted (1.1.2006) by virtue of Serious Organised Crime and Police Act 2005 (c. 15), ss. 110(3)(b), 178; S.I. 2005/3495, art. 2(1)(m)

F3S. 66(2) inserted "at the end of s. 66" (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 virtue of 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

Modifications etc. (not altering text)

67 Codes of practice—supplementary.E+W

[F5(1) In this section, “ code ” means a code of practice under section 60, 60A or 66.

(2)The Secretary of State may at any time revise the whole or any part of a code.

(3)A code may be made, or revised, so as to—

(a)apply only in relation to one or more specified areas,

(b)have effect only for a specified period,

(c)apply only in relation to specified offences or descriptions of offender.

(4)Before issuing a code, or any revision of a code, the Secretary of State must consult—

(a)[F6such persons as appear to the Secretary of State to represent the views of police and crime commissioners,

(aa)the Mayor's Office for Policing and Crime,

(ab)the Common Council of the City of London,]

(b)[F7the National Police Chiefs’ Council],

(c)the General Council of the Bar,

(d)the Law Society of England and Wales,

(e)the Institute of Legal Executives, and

(f)such other persons as he thinks fit.

[F8(4A)The duty to consult under subsection (4) does not apply to a revision of a code where the Secretary of State considers that—

(a)the revision is necessary in consequence of legislation, and

(b)the Secretary of State has no discretion as to the nature of the revision.

(4B)Where, in consequence of subsection (4A), a revision of a code is issued without prior consultation with the persons mentioned in subsection (4), the Secretary of State must (at the same time as issuing the revision) publish a statement that, in his or her opinion, paragraphs (a) and (b) of subsection (4A) apply to the revision.

(4C)In subsection (4A), “legislation” means any provision of—

(a)an Act,

(b)subordinate legislation within the meaning of the Interpretation Act 1978.]

(5)A code, or a revision of a code, does not come into operation until the Secretary of State by order so provides.

(6)The power conferred by subsection (5) is exercisable by statutory instrument.

(7)An order bringing a code into operation may not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(7A)An order bringing a revision of a code into operation must be laid before Parliament if the order has been made without a draft having been so laid and approved by a resolution of each House.

(7B)When an order or draft of an order is laid, the code or revision of a code to which it relates must also be laid.

(7C)No order or draft of an order may be laid until the consultation required by subsection (4) has taken place.

(7D)An order bringing a code, or a revision of a code, into operation may include transitional or saving provisions.]

F9(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 F10. . . a code.

[F11(9A)Persons on whom powers are conferred by—

(a)any designation under section 38 or 39 of the Police Reform Act 2002 (c. 30) (police powers for [F12civilian staff] [F13and volunteers]), or

(b)any accreditation under section 41 of that Act (accreditation under community safety accreditation schemes),

shall have regard to any relevant provision of a code F14. . . in the exercise or performance of the powers and duties conferred or imposed on them by that designation or accreditation.]

(10)A failure on the part—

(a)of a police officer to comply with any provision of F15. . . a code; F16. . .

(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 F17. . . a code in the discharge of that duty, [F18, or

(c)of a person designated under section 38 or 39 or accredited under section 41 of the Police Reform Act 2002 (c. 30) to have regard to any relevant provision of F19. . . a code in the exercise or performance of the powers and duties conferred or imposed on him by that designation or accreditation,]

shall not of itself render him liable to any criminal or civil proceedings.

(11)In all criminal and civil proceedings any F20. . . code shall be admissible in evidence; and if any provision of F20. . . 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.

[F21(12) In subsection (11) “ criminal proceedings ” includes service proceedings.

(13) In this section “ service proceedings ” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006. ]

Annotations: Help about Annotation
Close

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

Amendments (Textual)

F5S. 67(1)-(7D) substituted (20.1.2004) for s. 67(1)-(7C) by Criminal Justice Act 2003 (c. 44), ss. 11(1), 336; S.I. 2004/81, art. 2(1)(2)(a)

F7Words in s. 67(4)(b) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 14 paras. 4, 5(a); S.I. 2017/399, reg. 2, Sch. para. 41

F8S. 67(4A)-(4C) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 78, 183(1), (5)(e); S.I. 2017/399, reg. 2, Sch. para. 26

F9S. 67(8) repealed (1.4.1999) by 1996 c. 16, s. 103(3), Sch. 9 Pt. II; S.I. 1999/533, art. 2(a)

F13Words in s. 67(9A)(a) inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 7(4)

F16S. 67(10): the word "or" after paragraph (a) repealed (2.12.2002) by Police Reform Act 2002 (c. 30), s. 107, Sch. 8; S.I. 2002/2750, art. 2(b)(iii)(b)

F18S. 67(10)(c) and preceding word "or" inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 107, Sch. 7 para. 9(8); S.I. 2002/2750, art. 2(b)(ii)

F21S. 67(12)(13) substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) for s. 67(12) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 101; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C4S. 67(9) excluded (12.4.2010) by 2002 c. 29 s. 377ZB (as inserted by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010) (S.I. 2010/976), arts. 1(2), 12, {Sch. 14 para. 68}; S.I. 2010/977, art. 1(2)

C5S. 67(9) excluded (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 377(9)(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 and 4))

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources