Police and Criminal Evidence Act 1984

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Police and Criminal Evidence Act 1984. Any changes that have already been made by the team appear in the content and are referenced with annotations.

Changes to Legislation

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

Changes and effects

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

s. 63D inserted by 2012 c. 9 s. 1
s. 63E inserted by 2012 c. 9 s. 2
s. 63F inserted by 2012 c. 9 s. 3
s. 63G inserted by 2012 c. 9 s. 3
s. 63H inserted by 2012 c. 9 s. 4
s. 63I inserted by 2012 c. 9 s. 5
s. 63J inserted by 2012 c. 9 s. 6
s. 63K inserted by 2012 c. 9 s. 7
s. 63L inserted by 2012 c. 9 s. 8
s. 63M inserted by 2012 c. 9 s. 9
s. 63N inserted by 2012 c. 9 s. 10
s. 63O inserted by 2012 c. 9 s. 11
s. 63P inserted by 2012 c. 9 s. 12
s. 63Q inserted by 2012 c. 9 s. 13
s. 63R inserted by 2012 c. 9 s. 14
s. 63S inserted by 2012 c. 9 s. 15
s. 63T inserted by 2012 c. 9 s. 16
s. 63U inserted by 2012 c. 9 s. 17
s. 63AA inserted by 2012 c. 9 s. 23
s. 63AB inserted by 2012 c. 9 s. 24
s. 65B inserted by 2012 c. 9 s. 18(5)

Commencement Orders yet to be applied to the Police and Criminal Evidence Act 1984:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole 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. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2003/120 art. 2 Sch. commences (2002 c. 29)
S.I. 2003/708 art. 2 commences (2001 c. 16)
S.I. 2003/1900 art. 2(2) Sch. 2 commences (2003 c. 21)
S.I. 2003/3103 art. 2 commences (2003 c. 41)
S.I. 2003/3300 art. 2 commences (2003 c. 38)
S.I. 2004/3281 art. 2(2)(e) commences (2004 c. 36)
S.I. 2004/3338 art. 3(b) commences (2002 c. 30)
S.I. 2005/910 art. 3(u) art. 3(y) commences (2003 c. 39)
S.I. 2005/3175 art. 2(2) commences (2004 c. 33)
S.I. 2007/499 art. 2(2)(g) commences (2006 c. 45)
S.I. 2007/709 art. 3(n) commences (2006 c. 48)
S.I. 2007/1442 art. 2(1) commences (2006 c. 52)
S.I. 2007/2913 art. 3 commences (2006 c. 52)
S.I. 2009/812 art. 3(a)(b) commences (2006 c. 52)
S.I. 2011/410 art. 2 commences (2005 c. 15)
S.I. 2011/414 art. 2 commences (2010 c. 17)
S.I. 2011/2144 art. 2 commences (2006 c. 48)
S.I. 2011/2148 art. 2 commences (2009 c. 25)
S.I. 2011/3019 art. 3 Sch. 1 commences (2011 c. 13)
S.I. 2012/1205 art. 2-4 commences (Commencment order for 2012 c. 9)
S.I. 2012/1320 art. 2-4 commences (2003 c. 44)
S.I. 2012/2373 art. 2(b) commences (2006 c. 48)
S.I. 2012/2374 art. 3(b) art. 3(b)(e) art. 3(c) commences (2009 c. 25)
S.S.I. 2003/210 art. 2(1)(b) 2(2) Sch. commences (2002 c. 29)

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 [F1an indictable offence]F1 ; and

(b)if an officer of at least the rank of [F2inspector]F2 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)[F3Subject 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 [F4an indictable offence]F4 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.

[F5(5A)An officer may also authorise delay where he has reasonable grounds for believing that—

(a)the person detained for [F6the indictable offence] has benefited from his criminal conduct, and

(b)the recovery of the value of the property constituting the benefit will be hindered by telling the named person of the arrest.

(5B)For the purposes of subsection (5A) above the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 of the Proceeds of Crime Act 2002.]

F5(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.

[F7(10)Nothing in this section applies to a person arrested or detained under the terrorism provisions.]

Annotations:

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Amendments (Textual)

F1Words in s. 56(2)(a) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(9)(a); S.I. 2005/3495, art. 2(1)(m)

F2Word in s. 56(2)(b) substituted (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), ss. 74, 138(2)-(4); S.I. 2003/708, art. 2(e)

F3Words inserted by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 32(1)

F4Words in s. 56(5)(a) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(9)(a); S.I. 2005/3495, art. 2(1)(m)

F5S. 56(5A)(5B) substituted (24.3.2003) for s. 56(5A) by Proceeds of Crime Act 2002 (c. 29), ss. 456, 458(1)(3), Sch. 11 para. 14(2); S.I. 2003/333, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-14) (as amended by S.I. 2003/531, arts. 3, 4)