Search Legislation

Police and Criminal Evidence Act 1984

Status:

This is the original version (as it was originally enacted).

SCHEDULES

Section 9.

SCHEDULE 1Special Procedure

Making of orders by circuit judge

1If on an application made by a constable a circuit judge is satisfied that one or other of the sets of access conditions is fulfilled, he may make an order under paragraph 4 below.

2The first set of access conditions is fulfilled if—

(a)there are reasonable grounds for believing—

(i)that a serious arrestable offence has been committed ;

(ii)that there is material which consists of special procedure material or includes special procedure material and does not also include excluded material on premises specified in the application ;

(iii)that the material is likely to be of substantial value (whether by itself or together with other material) to the investigation in connection with which the application is made ; and

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

(b)other methods of obtaining the material—

(i)have been tried without success ; or

(ii)have not been tried because it appeared that they were bound to fail; and

(c)it is in the public interest, having regard—

(i)to the benefit likely to accrue to the investigation if the material is obtained ; and

(ii)to the circumstances under which the person in possession of the material holds it,

that the material should be produced or that access to it should be given.

3The second set of access conditions is fulfilled if—

(a)there are reasonable grounds for believing that there is material which consists of or includes excluded material or special procedure material on premises specified in the application ;

(b)but for section 9(2) above a search of the premises for that material could have been authorised by the issue of a warrant to a constable under an enactment other than this Schedule; and

(c)the issue of such a warrant would have been appropriate.

4An order under this paragraph is an order that the person who appears to the circuit judge to be in possession of the material to which the application relates shall—

(a)produce it to a constable for him to take away ; or

(b)give a constable access to it,

not later than the end of the period of seven days from the date of the order or the end of such longer period as the order may specify.

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

(a)an order under paragraph 4(a) above shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and

(b)an order under paragraph 4(b) above shall have effect as an order to give a constable access to the material in a form in which it is visible and legible.

6For the purposes of sections 21 and 22 above material produced in pursuance of an order under paragraph 4(a) above shall be treated as if it were material seized by a constable.

Notices of applications for orders

7An application for an order under paragraph 4 above shall be made inter partes.

8Notice of an application for such an order may be served on a person either by delivering it to him or by leaving it at his proper address or by sending it by post to him in a registered letter or by the recorded delivery service.

9Such a notice may be served—

(a)on a body corporate, by serving it on the body's secretary or clerk or other similar officer; and

(b)on a partnership, by serving it on one of the partners.

10For the purposes of this Schedule, and of section 7 of the [1978 c. 30.] Interpretation Act 1978 in its application to this Schedule, the proper address of a person, in the case of secretary or clerk or other similar officer of a body corporate, shall be that of the registered or principal office of that body, in the case of a partner of a firm shall be that of the principal office of the firm, and in any other case shall be the last known address of the person to be served.

11Where notice of an application for an order under paragraph 4 above has been served on a person, he shall not conceal, destroy, alter or dispose of the material to which the application relates except—

(a)with the leave of a judge ; or

(b)with the written permission of a constable,

until—

(i)the application is dismissed or abandoned ; or

(ii)he has complied with an order under paragraph 4 above made on the application.

Issue of warrants by circuit judge

12If on an application made by a constable a circuit judge—

(a)is satisfied—

(i)that either set of access conditions is fulfilled; and

(ii)that any of the further conditions set out in paragraph 14 below is also fulfilled ; or

(b)is satisfied—

(i)that the second set of access conditions is fulfilled; and

(ii)that an order under paragraph 4 above relating to the material has not been complied with,

he may issue a warrant authorising a constable to enter and search the premises.

13A constable may seize and retain anything for which a search has been authorised under paragraph 12 above.

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

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

(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 material;

(c)that the material contains information which—

(i)is subject to a restriction or obligation such as is mentioned in section 11(2)(b) above ; and

(ii)is likely to be disclosed in breach of it if a warrant is not issued;

(d)that service of notice of an application for an order under paragraph 4 above may seriously prejudice the investigation.

15(1)If a person fails to comply with an order under paragraph 4 above, a circuit judge may deal with him as if he had committed a contempt of the Crown Court.

(2)Any enactment relating to contempt of the Crown Court shall have effect in relation to such a failure as if it were such a contempt.

Costs

16The costs of any application under this Schedule and of anything done or to be done in pursuance of an order made under it shall be in the discretion of the judge.

Section 26.

SCHEDULE 2Preserved Powers of Arrest

1892 c. 43.Section 17(2) of the Military Lands Act 1892.
1911 c. 27.Section 12(1) of the Protection of Animals Act 1911.
1920 c. 55.Section 2 of the Emergency Powers Act 1920.
1936 c. 6.Section 7(3) of the Public Order Act 1936.
1952 c. 52.Section 49 of the Prison Act 1952.
1952 c. 67.Section 13 of the Visiting Forces Act 1952.
1955 c. 18.Sections 186 and 190B of the Army Act 1955.
1955 c. 19.Section 186 and 190B of the Air Force Act 1955.
1957 c. 53.Sections 104 and 105 of the Naval Discipline Act 1957.
1959 c. 37.Section 1(3) of the Street Offences Act 1959.
1969 c. 54.Sections 28(2) and 32 of the Children and Young Persons Act 1969.
1971 c. 77.Section 24(2) of the Immigration Act 1971 and paragraphs 17, 24 and 33 of Schedule 2 and paragraph 7 of Schedule 3 to that Act
1972 c. 20.Sections 5(5), 7 and 100 of the Road Traffic Act 1972.
1976 c. 63.Section 7 of the Bail Act 1976.
1977 c. 45.Sections 6(6). 7(11), 8(4), 9(7) and 10(5) of the Criminal Law Act 1977.
1980 c. 5.Section 16 of the Child Care Act 1980.
1980 c. 9.Schedule 5 to the Reserve Forces Act 1980.
1983 c. 20.Sections 18, 35(10), 36(8), 38(7), 136(1) and 138 of the Mental Health Act 1983.
1984 c. 8.Sections 12 and 13 of the Prevention of Terrorism (Temporary Provisions) Act 1984.
1984 c. 47.Section 5(5) of the Repatriation of Prisoners Act 1984.

Section 70.

SCHEDULE 3Provisions Supplementary to Sections 68 and 69

PART IProvisions Supplementary to Section 68

1Section 68(1) above applies whether the information contained in the document was supplied directly or indirectly but, if it was supplied indirectly, only if each person through whom it was supplied was acting under a duty; and applies also where the person compiling the record is himself the person by whom the information is supplied.

2Where—

(a)a document setting out the evidence which a person could be expected to give as a witness has been prepared for the purpose of any pending or contemplated proceedings ; and

(b)it falls within subsection (1) of section 68 above,

a statement contained in it shall not be given in evidence by virtue of that section without the leave of the court, and the court shall not give leave unless it is of the opinion that the statement ought to be admitted in the interests of justice, having regard—

(i)to the circumstances in which leave is sought and in particular to the contents of the statement; and

(ii)to any likelihood that the accused will be prejudiced by its admission in the absence of the person who supplied the information on which it is based.

3Where in any proceedings a statement based on information supplied by any person is given in evidence by virtue of section 68 above—

(a)any evidence which, if that person had been called as a witness, would have been admissible as relevant to his credibility as a witness shall be admissible for that purpose in those proceedings ;

(b)evidence may, with the leave of the court, be given of any matter which, if that person had been called as a witness, could have been put to him in cross-examination as relevant to his credibility as a witness but of which evidence could not have been adduced by the cross-examining party ; and

(c)evidence tending to prove that that person, whether before or after supplying the information, made a statement (whether oral or not) which is inconsistent with it shall be admissible for the purpose of showing that he has contradicted himself.

4A statement which is admissible by virtue of section 68 above shall not be capable of corroborating evidence given by the person who supplied the information on which the statement is based.

5In deciding for the purposes of section 68(2)(a)(i) above whether a person is unfit to attend as a witness the court may act on a certificate purporting to be signed by a registered medical practitioner.

6Any reference in section 68 above or this Part of this Schedule to a person acting under a duty includes a reference to a person acting in the course of any trade, business, profession or other occupation in which he is engaged or employed or for the purposes of any paid or unpaid office held by him.

7In estimating the weight, if any, to be attached to a statement admissible in evidence by virtue of section 68 above regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement and, in particular—

(a)to the question whether or not the person who supplied the information from which the record containing the statement was compiled did so contemporaneously with the occurrence or existence of the facts dealt with in that information ; and

(b)to the question whether or not that person, or any other person concerned with compiling or keeping the record containing the statement, had any incentive to conceal or misrepresent the facts.

PART IIProvisions Supplementary to Section 69

8In any proceedings where it is desired to give a statement in evidence in accordance with section 69 above, a certificate—

(a)identifying the document containing the statement and describing the manner in which it was produced ;

(b)giving such particulars of any device involved in the production of that document as may be appropriate for the purpose of showing that the document was produced by a computer;

(c)dealing with any of the matters mentioned in subsection (1) of section 69 above ; and

(d)purporting to be signed by a person occupying a responsible position in relation to the operation of the computer,

shall be evidence of anything stated in it; and for the purposes of this paragraph it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.

9Notwithstanding paragraph 8 above, a court may require oral evidence to be given of anything of which evidence could be given by a certificate under that paragraph.

10Any person who in a certificate tendered under paragraph 8 above in a magistrates' court, the Crown Court or the Court of Appeal makes a statement which he knows to be false or does not believe to be true shall be guilty of an offence and liable—

(a)on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both ;

(b)on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum (as defined in section 74 of the [1982 c. 48.] Criminal Justice Act 1982) or to both.

11In estimating the weight, if any, to be attached to a statement regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement and, in particular—

(a)to the question whether or not the information which the information contained in the statement reproduces or is derived from was supplied to the relevant computer, or recorded for the purpose of being supplied to it, contemporaneously with the occurrence or existence of the facts dealt with in that information ; and

(b)to the question whether or not any person concerned with the supply of information to that computer, or with the operation of that computer or any equipment by means of which the document containing the statement was produced by it, had any incentive to conceal or misrepresent the facts.

12For the purposes of paragraph 11 above information shall be taken to be supplied to a computer whether it is supplied directly,

PART IIIProvisions Supplementary to Sections 68 and 69

13Where in any proceedings a statement contained in a document is admissible in evidence by virtue of section 68 above or in accordance with section 69 above it may be proved—

(a)by the production of that document; or

(b)(whether or not that document is still in existence) by the production of a copy of that document, or of the material part of it,

authenticated in such manner as the court may approve.

14For the purpose of deciding whether or not a statement is so admissible the court may draw any reasonable inference—

(a)from the circumstances in which the statement was made or otherwise came into being ; or

(b)from any other circumstances, including the form and contents of the document in which the statement is contained.

15Provision may be made by rules of court for supplementing the provisions of section 68 or 69 above or this Schedule.

Section 83.

SCHEDULE 4The Police Complaints Authority

PART IGeneral

Constitution of Authority

1(1)The Police Complaints Authority shall consist of a chairman and not less than 8 other members.

(2)The chairman shall be appointed by Her Majesty.

(3)The other members shall be appointed by the Secretary of State.

(4)The members of the Authority shall not include any person who is or has been a constable in any part of the United Kingdom.

(5)Persons may be appointed as whole-time or part-time members of the Authority.

(6)The Secretary of State shall appoint 2 of the members of the Authority to be deputy chairmen of the Authority.

Incorporation and status of Authority

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

(2)It is hereby declared that the Authority are not to be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown; and the Authority's property shall not be regarded as property of or property held on behalf of the Crown.

Members

3(1)Subject to the following provisions of this Schedule, a person shall hold an office to which he is appointed under paragraph 1(2), (3) or (6) above in accordance with the terms of his appointment.

(2)A person shall not be appointed to such an office for more than 3 years at a time.

(3)A person may at any time resign such an office.

(4)The Secretary of State may at any time remove a person from such an office if satisfied that—

(a)he has without reasonable excuse failed to carry out his duties for a continuous period of 3 months beginning not earlier than 6 months before that time ; or

(b)he has been convicted of a criminal offence; or

(c)he has become bankrupt or made an arrangement with his creditors ; or

(d)he is incapacitated by physical or mental illness; or

(e)he is otherwise unable or unfit to perform his duties.

4The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of persons appointed to office under paragraph 1(2), (3) or (6) above or any of them as, with the consent of the Treasury, he may determine.

5Where a person ceases to hold such an office otherwise than on the expiry of his term of office, and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may, with the consent of the Treasury, direct the Authority to make to the person a payment of such amount as, with the consent of the Treasury, the Secretary of State may determine.

Staff

6The Authority may, after consultation with the Secretary of State, appoint such officers and servants as the Authority think fit, subject to the approval of the Treasury as to numbers and as to remuneration and other terms and conditions of service.

7(1)Employment by the Authority shall be included among the kinds of employment to which a superannuation scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act, at the end of the list of " Other Bodies " there shall be inserted—

  • Police Complaints Authority.

(2)Where a person who is employed by the Authority and is by reference to that employment a participant in a scheme under section 1 of the said Act of 1972 is appointed to an office under paragraph 1(2), (3) or (6) above the Treasury may determine that his service in that office shall be treated for the purposes of the scheme as service as an employee of the Authority; and his rights under the scheme shall not be affected by paragraph 4 above.

8The [1969 c. 57.] Employers' Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Authority.

Power of Authority to set up regional offices

9(1)If it appears to the Authority that it is necessary to do so in order to discharge their duties efficiently, the Authority may, with the consent of the Secretary of State and the Treasury, set up a regional office in any place in England and Wales.

(2)The Authority may delegate any of their functions to a regional office.

Proceedings

10(1)Subject to the provisions of this Act, the arrangements for the proceedings of the Authority (including the quorum for meetings) shall be such as the Authority may determine.

(2)The arrangements may, with the approval of the Secretary of State, provide for the discharge, under the general direction of the Authority, of any of the Authority's functions by a committee or by one or more of the members, officers or servants of the Authority.

11The validity of any proceedings of the Authority shall not be affected—

(a)by any defect in the appointment—

(i)of the chairman;

(ii)of a deputy chairman ; or

(iii)of any other member; or

(b)by any vacancy—

(i)in the office of chairman ;

(ii)among the other members; or

(iii)in the office of deputy chairman.

Finance

12The Secretary of State shall pay to the Authority expenses incurred or to be incurred by the Authority under paragraphs 5 and 6 above and, with the consent of the Treasury, shall pay to the Authority such sums as the Secretary of State thinks fit for enabling the Authority to meet other expenses.

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

(a)to keep proper accounts and proper records in relation to the accounts;

(b)to prepare in respect of each financial year of the Authority a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and

(c)to send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

(2)The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before Parliament

(3)The financial year of the Authority shall be the 12 months ending on 31st March.

PART IITransitional

Information received by Police Complaints Board

14(1)No information received by the Police Complaints Board in connection with any complaint shall be disclosed by any person who has been a member, officer or servant of the Board except—

(a)to the Secretary of State or to a member, officer or servant of the Authority or, so far as may be necessary for the proper discharge of the functions of the Authority, to other persons; or

(b)for the purposes of any criminal, civil or disciplinary proceedings.

(2)Any person who discloses information in contravention of this paragraph shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale, as defined in section 75 of the [1982 c. 48.] Criminal Justice Act 1982.

Property, rights and liabilities

15(1)On the day on which section 83 above comes into operation all property, rights and liabilities which immediately before that day were property, rights and liabilities of the Police Complaints Board shall vest in the Authority by virtue of this paragraph and without further assurance.

(2)Section 12 of the [1895 c. 16.] Finance Act 1895 (which requires Acts to be stamped as conveyances on sale in certain cases) shall not apply to any transfer of property effected by this paragraph.

Proceedings

16Proceedings in any court to which the Police Complaints Board is a party and which are pending immediately before the date on which section 83 above comes into operation may be continued on and after that day by the Authority.

Payments to former members of Police Complaints Board

17Where a person—

(a)ceases to be a member of the Police Complaints Board by reason of its abolition ; and

(b)does not become a member of the Authority,

the Secretary of State may, with the consent of the Treasury, make to the person a payment of such amount as, with the consent of the Treasury, the Secretary of State may determine.

General

18Paragraphs 14 to 17 above are without prejudice to the generality of section 121(4) above.

Section 116.

SCHEDULE 5Serious Arrestable Offences

PART IOffences Mentioned in Section 116(2)(a)

1Treason.

2Murder.

3Manslaughter.

4Rape.

5Kidnapping.

6Incest with a girl under the age of 13.

7Buggery with—

(a)a boy under the age of 16 ; or

(b)a person who has not consented.

8Indecent assault which constitutes an act of gross indecency.

PART IIOffences Mentioned in Section 116(2)(b)

Explosive Substances Act 1883 (c. 3)

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

Sexual Offences Act 1956 (c. 69)

2Section 5 (intercourse with a girl under the age of 13).

Firearms Act 1968 (c. 27)

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

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

5Section 18 (carrying firearms with criminal intent).

Road Traffic Act 1972 (c. 20)

6Section 1 (causing death by reckless driving).

Taking of Hostages Act 1982 (c. 28)

7Section 1 (hostage-taking).

Aviation Security Act 1982 (c. 36)

8Section 1 (hi-jacking).

Section 119.

SCHEDULE 6Minor and Consequential Amendments

PART IEngland and Wales

Game Act 1831 (c. 32)

1The following section shall be inserted after section 31 of the Game Act 1831—

31APowers of constables in relation to trespassers.

The powers conferred by section 31 above to require a person found on land as mentioned in that section to quit the land and to tell his christian name, surname, and place of abode shall also be exercisable by a police constable..

Metropolitan Police Act 1839 (c. 47)

2In section 39 of the Metropolitan Police Act 1839 (fairs within the metropolitan police district) after the word " amusement" there shall be inserted the words " shall be guilty of an offence " .

Railway Regulation Act 1840 (c. 97)

3In section 16 of the Railway Regulation Act 1840 (persons obstructing officers of railway company or trespassing upon railway) for the words from " and " in the third place where it occurs to " justice," in the third place where it occurs there shall be substituted the words " , upon conviction by a magistrates' court, at the discretion of the court, " .

London Hackney Carriages Act 1843 (c. 86)

4In section 27 of the London Hackney Carriages Act 1843 (no person to act as driver of carriage without consent of proprietor) for the words after " constable " there shall be substituted the words " if necessary, to take charge of the carriage and every horse in charge of any person unlawfully acting as a driver and to deposit the same in some place of safe custody until the same can be applied for by the proprietor. " .

Town Gardens Protection Act 1863 (c. 13)

5In section 5 of the Town Gardens Protection Act 1863 (penalty for injuring garden) for the words from the beginning to " district" there shall be substituted the words " Any person who throws any rubbish into any such garden, or trespasses therein, or gets over the railings or fence, or steals or damages the flowers or plants, or commits any nuisance therein, shall be guilty of an offence and " .

Parks Regulation Act 1872 (c. 15)

6The following section shall be substituted for section 5 of the Parks Regulation Act 1872 (apprehension of offender whose name or residence is not known)—

5Any person who—

(a)within the view of a park constable acts in contravention of any of the said regulations in the park where the park constable has jurisdiction; and

(b)when required by any park constable or by any police constable to give his name and address gives a false name or false address,

shall be liable on summary conviction to a penalty of an amount not exceeding level 1 on the standard scale, as defined in section 75 of the [1982 c. 48.] Criminal Justice Act 1982..

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

7In the Dogs (Protection of Livestock) Act 1953 the following section shall be inserted after section 2—

2APower of justice of the peace to authorise entry and search.

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

(a)that an offence under this Act has been committed ; and

(b)that the dog in respect of which the offence has been commited is on premises specified in the application,

he may issue a warrant authorising a constable to enter and search the premises in order to identify the dog..

Army Act 1955 (c. 18)Air Force Act 1955 (c. 19)

8The following subsection shall be substituted for section 195(3) of the Army Act 1955 and section 195(3) of the Air Force Act 1955—

(3)A constable may seize any property which he has reasonable grounds for suspecting of having been the subject of an offence against this section..

Sexual Offences Act 1956 (c. 69)

9At the end of section 41 of the Sexual Offences Act 1956 (power to arrest in cases of soliciting by men) there shall be added the words "but a constable may only do so in accordance with section 25 of the Police and Criminal Evidence Act 1984. " .

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

10In subsection (1) of section 2 of the Game Laws (Amendment) Act 1960 (power of police to enter on land) for the words " purpose of exercising any power conferred on him by the foregoing section " there shall be substituted the words " purpose—

(a)of exercising in relation to him the powers under section 31 of the [1831 c. 32.] Game Act 1831 which section 31A of that Act confers on police constables ; or

(b)of arresting him in accordance with section 25 of the Police and Criminal Evidence Act 1984.".

11In subsection (1) of section 4 of that Act (enforcement powers) for the words from " under ", in the first place where it occurs, to " thirty-one " there shall be substituted the words " , in accordance with section 25 of the Police and Criminal Evidence Act 1984, for an offence under section one or section nine of the [1828 c. 69.] Night Poaching Act 1828, or under section thirty " .

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

12The following subsection shall be substituted for subsection (2) of section 8 of the Betting, Gaming and Lotteries Act 1963 (prohibition of betting in streets and public places)—

(2)Where a person is found committing an offence under this section, any constable may seize and detain any article liable to be forfeited under this section..

Deer Act 1963 (c. 36)

13In subsection (2) of section 5 of the Deer Act 1963 (enforcement powers) after the word " subsection " there shall be inserted the words " or arresting a person, in accordance with section 25 of the Police and Criminal Evidence Act 1984, for an offence under this Act " .

Police Act 1964 (c. 48)

14In section 7(1) of the Police Act 1964 (other members of police forces) after the words " chief constable " there shall be inserted the words " , deputy chief constable " .

15In section 29(2) of that Act (removal of chief constables) for the words " the deputy or an assistant chief constable " there shall be substituted the words " a deputy or assistant chief constable " .

16In section 43(5) of that Act (central service) after the word " constabulary " there shall be inserted the words " or with the Police Complaints Authority " .

Criminal Law Act 1967 (c. 58)

17The following subsection shall be inserted after section 4(1) of the Criminal Law Act 1967—

(1A)In this section and section 5 below " arrestable offence " has the meaning assigned to it by section 24 of the Police and Criminal Evidence Act 1984..

Theatres Act 1968 (c. 54)

18In section 15(1) of the Theatres Act 1968 (powers of entry and inspection) for the words " fourteen days " there shall be substituted the words " one month " .

Children and Young Persons Act 1969 (c. 54)

19In the Children and Young Persons Act 1969—

(a)in section 28(4), for the words " a police officer not below the rank of inspector or by the police officer in charge of " there shall be substituted the words "the custody officer at " ; and

(b)the following section shall be substituted for section 29—

29Recognisance on release of arrested child or young person.

A child or young person arrested in pursuance of a warrant shall not be released unless he or his parent or guardian (with or without sureties) enters into a recognisance for such amount as the custody officer at the police station where he is detained considers will secure his attendance at the hearing of the charge ; and the recognisance entered into in pursuance of this section may, if the custody officer thinks fit, be conditioned for the attendance of the parent or guardian at the hearing in addition to the child or young person..

Immigration Act 1971 (c. 77)

20In section 25(3) of the Immigration Act 1971 for the words " A constable or " there shall be substituted the word " An " .

Criminal Justice Act 1972 (c. 71)

21In subsection (1) of section 34 of the Criminal Justice Act 1972 (powers of constable to take drunken offender to treatment centre) for the words from the beginning to " section the " there shall be substituted the words

On arresting an offender for an offence under—

(a)section 12 of the [1872 c. 94.] Licensing Act 1872 ; or

(b)section 91(1) of the [1967 c. 80.] Criminal Justice Act 1967,

a.

Child Care Act 1980 (c. 5)

22In subsection (1)(b) of section 73 of the Child Care Act 1980 (provisions as to places of safety etc.) for the words " section 29(3) of the Children and Young Persons Act 1969 " there shall be substituted the words " section 38(7) of the Police and Criminal Evidence Act 1984 " .

Deer Act 1980 (c. 49)

23In subsection (2) of section 4 of the Deer Act 1980 (enforcement powers) after the word " above " there shall be inserted the words " or arresting a person, in accordance with section 25 of the Police and Criminal Evidence Act 1984, for an offence under this Act " .

Animal Health Act 1981 (c. 22)

24In subsection (5) of section 60 of the Animal Health Act 1981 (enforcement powers) for the words "a constable or other officer" there shall be substituted the words " an officer other than a constable" .

Wildlife and Countryside Act 1981 (c. 69)

25In subsection (2) of section 19 of the Wildlife and Countryside Act 1981 (enforcement powers) after the words " subsection (1)" there shall be inserted the words " or arresting a person, in accordance with section 25 of the Police and Criminal Evidence Act 1984, for such an offence " .

Mental Health Act 1983 (c. 20)

26In section 135(4) of the Mental Health Act 1983 for the words " the constable to whom it is addressed ", in both places where they occur, there shall be substituted the words " a constable " .

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

27In paragraph 4 of Schedule 3 to the Prevention of Terrorism (Temporary Provisions) Act 1984 (search warrants)—

(a)in sub-paragraph (4)—

(i)for the word "If" there shall be substituted the words " Subject to sub-paragraph (4A) below, if " ; and

(ii)at the end there shall be added the words " or which could have been so given but for section 9(2) of the Police and Criminal Evidence Act 1984" ; and

(b)the following sub-paragraph shall be inserted after subparagraph (4)—

(4A)An order given under sub-paragraph (4) above may not authorise a search for items subject to legal privilege within the meaning of section 10 of the Police and Criminal Evidence Act 1984..

PART IIOther Amendments

Army Act 1955 (c. 18)

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

(2)In section 99—

(a)in subsection (1), after the word " below " there shall be inserted the words " and to service modifications " ; and

(b)the following subsections shall be inserted after that subsection—

(1A)In this section " service modifications " means such modifications as the Secretary of State may by regulations made by statutory instrument prescribe, being modifications which appear to him to be necessary or proper for the purposes of proceedings before a court-martial ; and it is hereby declared that in this section—

  • " rules " includes rules contained in or made by virtue of an enactment; and

  • " enactment" includes an enactment contained in an Act passed after this Act.

(1B)Regulations under subsection (1A) above may not modify section 99A below.

(1C)Regulations under subsection (1A) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)In section 99A(1) for the word " Section " there shall be substituted the words " Without prejudice to section 99 above, section " .

(4)The following section shall be inserted after section 200—

200AFalse statements in computer record certificates.

(1)Any person who in a certificate tendered under paragraph 8 of Schedule 3 to the Police and Criminal Evidence Act 1984 (computer records) in evidence before a court-martial makes a statement which he knows to be false or does not believe to be true shall be guilty of an offence and liable—

(a)on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;

(b)on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.

(2)In this section " statutory maximum" has the meaning given by section 74 of the [1982 c. 48.] Criminal Justice Act 1982..

Air Force Act 1955 (c. 19)

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

(2)In section 99—

(a)in subsection (1), after the word "below" there shall be inserted the words " and to service modifications" ; and

(b)the following subsections shall be inserted after that subsection—

(1A)In this section " service modifications " means such modifications as the Secretary of State may by regulations made by statutory instrument prescribe, being modifications which appear to him to be necessary or proper for the purposes of proceedings before a court-martial; and it is hereby declared that in this section—

  • " rules" includes rules contained in or made by virtue of an enactment; and

  • " enactment" includes an enactment contained in an Act passed after this Act.

(1B)Regulations under subsection (1A) above may not modify section 99A below.

(1C)Regulations under subsection (1A) above shall be subject to annulment in pursuance of a resolution of either House of Parliament..

(3)In section 99A(1) for the word " Section " there shall be substituted the words " Without prejudice to section 99 above, section" .

(4)The following section shall be inserted after section 200—

200AFalse statements in computer record certificates.

(1)Any person who in a certificate tendered under paragraph 8 of Schedule 3 to the Police and Criminal Evidence Act 1984 (computer records) in evidence before a court-martial makes a statement which he knows to be false or does not believe to be true shall be guilty of an offence and liable—

(a)on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both ;

(b)on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.

(2)In this section "statutory maximum" has the meaning given by section 74 of the [1982 c. 48.] Criminal Justice Act 1982..

Police (Scotland) Act 1967 (c. 77)

30In section 6(2) of the Police (Scotland) Act 1967 (constables below rank of assistant chief constable) for the words " an assistant chief constable or a constable holding the office of deputy chief constable" there shall be substituted the words " a deputy chief constable or an assistant chief constable " .

31In section 7(1) of that Act (ranks) after the words " chief constable," there shall be inserted the words " deputy chief constable, " .

32In section 26(7) of that Act (disciplinary authority) immediately before the words " deputy chief constable " there shall be inserted the word " any " .

33In section 31(2) of that Act (compulsory retirement of chief constable etc.) for the words " the deputy or an assistant chief constable " there shall be substituted the words " a deputy or assistant chief constable " .

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

34(1)The following section shall be inserted after section 37 of the Courts-Martial (Appeals) Act 1968—

37AFalse statements in computer record certificates.

(1)Any person who in a certificate tendered under paragraph 8 of Schedule 3 to the Police and Criminal Evidence Act 1984 (computer records) in evidence before the Appeal Court makes a statement which he knows to be false or does not believe to be true shall be guilty of an offence and liable—

(a)on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;

(b)on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.

(2)Proceedings for an offence under this section committed outside the United Kingdom may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

(3)In this section " statutory maximum " has the meaning given by section 74 of the [1982 c. 48.] Criminal Justice Act 1982..

House of Commons Disqualification Act 1975 (c. 24)Northern Ireland Assembly Disqualification Act 1975 (c. 25)

35In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 and Part JJ of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified under those Acts) there shall be inserted at the appropriate place in alphabetical order—

  • The Police Complaints Authority.

Armed Forces Act 1976 (c. 52)

36The following paragraph shall be inserted after paragraph 17 of Schedule 3 to the Armed Forces Act 1976 (Standing Civilian Courts)—

17ASection 200A of that Act (false statements in computer record certificates) shall have effect as if the reference to a court-martial in subsection (1) included a reference to a Standing Civilian Court..

Customs and Excise Management Act 1979 (c. 2)

37The following subsection shall be substituted for section 138(4) of the Customs and Excise Management Act 1979—

(4)Where any person has been arrested by a person who is not an officer—

(a)by virtue of this section ; or

(b)by virtue of section 24 of the Police and Criminal Evidence Act 1984 in its application to offences under the customs and excise Acts,

the person arresting him shall give notice of the arrest to an officer at the nearest convenient office of customs and excise..

38In section 161 of that Act—

(a)in subsection (3), for the words from " that officer " to the end of the subsection there shall be substituted the words " any officer and any person accompanying an officer to enter and search the building or place named in the warrant within one month from that day " ; and

(b)in subsection (4), for the words " person named in a warrant under subsection (3) above" there shall be substituted the words " other person so authorised " .

Betting and Gaming Duties Act 1981 (c. 63)

39In the following provisions of the Betting and Gaming Duties Act 1981, namely—

(a)section 15(2);

(b)paragraph 16(1) of Schedule 1 ;

(c)paragraph 17(1) of Schedule 3 ; and

(d)paragraph 17(1) of Schedule 4,

for the words " fourteen days " there shall be substituted the words " one month " .

Car Tax Act 1983 (c. 53)

40In paragraph 7(3) of Schedule 1 to the Car Tax Act 1983 for the words " fourteen days " there shall be substituted the words " one month " .

Value Added Tax Act 1983 (c. 55)

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

(a)the following sub-paragraph shall be substituted for paragraph 7(5)—

(5)A statement contained in a document produced by a computer shall not by virtue of sub-paragraph (3) of this paragraph be admissible in evidence—

(a)in civil proceedings in England and Wales, except in accordance with sections 5 and 6 of the [1968 c. 64.] Civil Evidence Act 1968 ;

(b)in criminal proceedings in England and Wales except in accordance with sections 68 to 70 of the Police and Criminal Evidence Act 1984 ;

(c)in civil proceedings in Scotland, except in accordance with sections 13 and 14 of the [1968 c. 70.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 ;

(d)in criminal proceedings in Scotland, except in accordance with the said sections 13 and 14, which shall, for the purposes of this paragraph, apply with the necessary modifications to such proceedings;

(e)in civil proceedings in Northern Ireland, except in accordance with sections 2 and 3 of the [1971 c. 36 (N.I.).] Civil Evidence Act (Northern Ireland) 1971; and

(f)in criminal proceedings in Northern Ireland, except in accordance with the said sections 2 and 3, which shall, for the purposes of this paragraph, apply with the necessary modifications to such proceedings.;

(b)in paragraph 7(6), for the words from " under the corresponding " to the end of the sub-paragraph there shall be substituted the words " section 13(4) of the [1968 c. 70.] Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 or section 2(4) of the Civil Evidence Act (Northern Ireland) 1971 " ; and

(c)in paragraph 10(3), for the words " 14 days" there shall be substituted the words " one month " .

Section 119.

SCHEDULE 7Repeals

PART IEnactments Repealed in Consequence of Parts I to V

ChapterShort TitleExtent of Repeal
5 Geo. 4. c. 83.Vagrancy Act 1824.Section 8.
Section 13.
1 & 2 Will. 4. c. 32.Game Act 1831.In section 31, the words " or for any police Constable".
2 & 3 Vict. c. 47.Metropolitan Police Act 1839.Section 34.
In section 38, the words from " it" to " and " in the sixth place where it occurs.
In section 39, the words "to take into custody ".
In section 47, the words " take into custody " and the words ", and every person so found ".
In section 54, the words from "And" to the end of the section.
In section 62, the words from " may" in the first place where it occurs to " and " in the second place where it occurs.
Sections 63 to 67.
3 & 4 Vict. c. 50.Canals (Offences) Act 1840.The whole Act.
5 & 6 Vict. c. 55.Railway Regulation Act 1842.In section 17, the words " or for any special constable duly appointed,".
8 & 9 Vict. c. 20.Railways Clauses Consolidation Act 1845.In section 104, the words " and all constables, gaolers, and police officers,".
10 & 11 Vict. c. 89.Town Police Clauses Act 1847. In section 15, the words " may be taken into custody, without a warrant, by any constable, or" and the words from " Provided " to the end of the section.
In section 28, the words from " and" in the first place where it occurs to " offence " in the second place where it occurs.
14 & 15 Vict. c. 19.Prevention of Offences Act 1851.Section 11.
23 & 24 Vict. c. 32.Ecclesiastical Courts Jurisdiction Act 1860.In section 3, the words " constable or "
24 & 25 Vict. c. 100.Offences against the Person Act 1861.In section 65, the words " in the daytime ".
34 & 35 Vict. c. 96.Pedlars Act 1871.Sections 18 and 19.
35 & 36 Vict. c. 93.Pawnbrokers Act 1872.In section 36, the words ", within the hours of business,".
38 & 39 Vict. c. 17.Explosives Act 1875.In section 78, the words " a constable, or ".
52 & 53 Vict. c. 18.Indecent Advertisements Act 1889.Section 6.
52 & 53 Vict. c. 57.Regulation of Railways Act 1889.In section 5(2), the words " or any constable ".
8 Edw. 7. c. 66.Public Meeting Act 1908.In section 1, in subsection (3) the words from " and " in the sixth place where it occurs to the end of the subsection.
1 & 2 Geo. 5. c. 28.Official Secrets Act 1911.In section 9(1), the words " named therein ".
15 & 16 Geo. 5. c. 71.Public Health Act 1925.Section 74(2) and (3).
23 & 24 Geo. 5. c. 12.Children and Young Persons Act 1933.Section 10(2).
Section 13(1) and (2).
In section 40, in subsection (1) the words " named therein " and in subsection (4) the words " addressed to and ".
11 & 12 Geo. 6. c. 58.Criminal Justice Act 1948.Section 68.
1 & 2 Eliz. 2. c. 14.Prevention of Crime Act 1953.Section 1(3).
3 & 4 Eliz. 2. c. 28.Children and Young Persons (Harmful Publications) Act 1955.In section 3(1), the words " named therein ".
4 & 5 Eliz. 2. c. 69.Sexual Offences Act 1956.Section 40.
In section 43(1), the word " named ".
5 & 6 Eliz. 2. c. 53.Naval Discipline Act 1957.In section 106(1), the words from " may " in the first place where it occurs to " and ".
7 & 8 Eliz. 2. c. 66.Obscene Publications Act 1959.In section 3(1), the words " , within fourteen days from the date of the warrant,".
8 & 9 Eliz. 2. c. 36.Game Laws (Amendment) Act 1960.Section 1.
1963 c. 2.Betting, Gaming and Lotteries Act 1963.In section 51(1), the words " at any time within fourteen days from the time of the issue of the warrant" and the words " arrest and ".
1963 c. 36.Deer Act 1963.Section 5(1)(c).
1964 c. 26.Licensing Act 1964.Section 187(5).
1967 c. 58.Criminal Law Act 1967.Section 2.
1968 c. 27.Firearms Act 1968.In section 46(1), the words " named therein ".
Section 50.
1968 c. 52.Caravan Sites Act 1968.Section 11(5).
1968 c. 60.Theft Act 1968.Section 12(3).
Section 26(2).
1968 c. 65.Gaming Act 1968.Section 5(2).
In section 43, in subsection (4), the words " at any time within fourteen days from the time of the issue of the warrant", and in subsection (5)(b), the words " arrest and ".
1970 c. 30.Conservation of Seals Act 1970.Section 4(1)(a).
1971 c. 38.Misuse of Drugs Act 1971.Section 24.
1971 c. 77.Immigration Act 1971.In Schedule 2, in paragraph 17(2), the words " acting for the police area in which the premises are situated," and the words " at any time or times within one month from the date of the warrant".
1972 c. 20.Road Traffic Act 1972.Section 19(3).
Section 164(2).
1972 c. 27.Road Traffic (Foreign Vehicles) Act 1972.Section 3(2).
1972 c. 71.Criminal Justice Act 1972.Section 34(3).
1973 c. 57.Badgers Act 1973.Section 10(1)(b).
1974 c. 6.Biological Weapons Act 1974.In section 4(1), the words " named therein ".
1976 c. 32.Lotteries and Amusements Act 1976.In section 19, the words " at any time within 14 days from the time of the issue of the warrant".
1976 c. 58.International Carriage of Perishable Foodstuffs Act 1976.Section 11(6)
1977 c. 45.Criminal Law Act 1977.Section 11.
Section 62.
1979 c. 2.Customs and Excise Management Act 1979.In section 138, in subsections (1) and (2), the words "or constable ".
1980 c. 43.Magistrates' Courts Act Act 1980.Section 49.
1980 c. 49.Deer Act 1980.Section 4(1)(c).
1980 c. 66.Highways Act 1980.Section 137(2).
1980 c. x.County of Merseyside Act 1980.Section 33.
1980 c. xi.West Midlands County Council Act 1980.Section 42.
1981 c. 14.Public Passenger Vehicles Act 1981.Section 25(2).
1981 c. 22.Animal Health Act 1981.In section 60, subsection (3), in subsection (4) the words " or apprehending", and in subsection (5) the words "constable or ", in the second place where they occur.
1981 c. 42.Indecent Displays (Control) Act 1981.Section 2(1).
In section 2(3), the words "within fourteen days from the date of issue of the warrant".
1981 c. 47.Criminal Attempts Act 1981.Section 9(4).
1981 c. 69.Wildlife and Countryside Act 1981.Section 19(1)(c).
1982 c. 48.Criminal Justice Act 1982.Section 34.
1983 c. 2.Representation of the People Act 1983.In section 97(3), the words trom " and " in the fifth place where it occurs to " him" in the third place where it occurs.
In Schedule 1, paragraph 36.
1983 c. 20.Mental Health Act 1983.In section 135, in subsection! (1) and (2), the words " named in the warrant".

PART IIEnactments Repealed in Relation to Criminal Proceedings in Consequence of Part VII

ChapterShort TitleExtent of Repeal
1971 c. liv.Cornwall County Council Act 1971.Section 98(4).
1972 c. xlvii.Hampshire County Council Act 1972.Section 86(2).

PART IIIEnactments Repealed Generally in Consequence of Part VII

ChapterShort TitleExtent of Repeal
3 & 4 Eliz. 2. c. 18.Army Act 1955.In section 198(1), the words " of this section and of sections 198A and 198B of this Act".
Sections 198A and 198B.
3 & 4 Eliz. 2. c. 19.Air Force Act 1955.In section 198(1), the words " of this section and of sections 198A and 198B of this Act".
Sections 198A and 198B.
1965 c. 20.Criminal Evidence Act 1965.The whole Act.
1969 c. 48.Post Office Act 1969.In section 93(4), the words " the Criminal Evidence Act 1965 and ".
In Schedule 4, paragraph 77.
1981 c. 55.Armed Forces Act 1981.Section 9.
1981 c. xviii.County of Kent Act 1981.Section 82.
1983 c. 55.Value Added Tax Act 1983.In Schedule 7, paragraph 7(7) and (8).

PART IVEnactments Repealed in Relation to Criminal Proceedings in Consequence of Part VIII

ChapterShort TitleExtent of Repeal
14 & 15 Vict. c. 99.Evidence Act 1851.Section 13.
28 & 29 Vict. c. 18.Criminal Procedure Act 1865.In section 6, the words from " and a certificate " onwards.
34 & 35 Vict. c. 112.Prevention of Crimes Act 1871.Section 18 except the words "A previous conviction in any one part of the United Kingdom may be proved against a prisoner in any other part of the United Kingdom.".

PART VEnactments Repealed Generally in Consequence of Part VIII

ChapterShort TitleExtent of Repeal
16 & 17 Vict. c. 83.Evidence (Amendment) Act 1853.Section 3.
46 & 47 Vict. c. 3.Explosive Substances Act 1883.Section 4(2).
58 & 59 Vict. c. 24.Law of Distress Amendment Act 1895.Section 5.
61 & 62 Vict. c. 36.Criminal Evidence Act 1898.In section 1, the words " and the wife or husband, as the case may be, of the person so charged ", the words (in paragraph (b)) "or of the wife or husband, as the case may be, of the person so charged " and paragraphs (c) and (d).
Section 4.
In section 6(1), the words from " notwithstanding" to the end.
The Schedule.
4 & 5 Geo. 5. c. 58.Criminal Justice Administration Act 1914.Section 28(3).
19 & 20 Geo.5. c. 34.Infant Life (Preservation) Act 1929.Section 2(5).
23 & 24Geo.5. c. 12.Children and Young Persons Act 1933.Section 15.
Section 26(5).
4 & 5 Eliz. 2. c. 69.Sexual Offences Act 1956.Section 12(2) and (3).
Section 15(4) and (5).
Section 16(2) and (3).
Section 39.
In Schedule 3, the entry relating to section 15 of the Children and Young Persons Act 1933.
8 & 9 Eliz. 2. c. 33.Indecency with Children Act 1960.In section 1, subsection (2) and in subsection (3) the words " except in section 15 (which relates to the competence as a witness of the wife or husband of the accused)".
1965 c. 72.Matrimonial Causes Act 1965.Section 43(1).
1968 c. 60.Theft Act 1968.Section 30(3).
1970 c. 55.Family Income Supplements Act 1970.Section 12(5).
1973 c. 38.Social Security Act 1973.In Schedule 23, paragraph 4.
1975 c. 14.Social Security Act 1975.Section 147(6).
1975 c. 16.Industrial Injuries and Diseases (Old Cases) Act 1975.Section 10(4).
1975 c. 61.Child Benefit Act 1975.Section 11(8).
1976 c. 71.Supplementary Benefits Act 1976.Section 26(5).
1977 c. 45.Criminal Law Act 1977.In section 54(3), the words " subsection (2) (competence of spouse of accused to give evidence)".
1978 c. 37.Protection of Children Act 1978.Section 2(1).
1979 c. 18.Social Security Act 1979.Section 16.
1980 c. 43.Magistrates' Courts Act 1980.In Schedule 7, paragraph 4.
1982 c. 24.Social Security and Housing Benefits Act 1982.Section 21(6)

PART VIMiscellaneous Repeals

ChapterShort TitleExtent of Repeal
2 & 3 Vict. c. 47.Metropolitan Police Act 1839.Section 7.
34 & 35 Vict. c. 96.Pedlars Act 1871.In section 18, the words from " or " where secondly occurring to "Act," and the words from " and forthwith " to the end of the section.
1964 c. 48.Police Act 1964.Section 49.
Section 50.
1967 c. 77.Police (Scotland) Act 1967.Section 5(3) and section 17(6).
1972 c. 11.Superannuation Act 1972.In Schedule 1, the reference to the Police Complaints Board.
1975 c. 24.House of Commons Disqualification Act 1975.IIn Part II of Schedule 1, the entry relating to the Police Complaints Board.
1975 c. 25.Northern Ireland Assembly Disqualification Act 1975.In Part II of Schedule 1, the entry relating to the Police Complaints Board.
1976 c. 46.Police Act 1976.Section 1(1) to (4).
Sections 2 to 13.
Section 14(2).
In the Schedule, paragraphs 1 to 3, in paragraph 4, the words " remuneration " and " allowances" and paragraphs 5 to 13.

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