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Police and Criminal Evidence Act 1984
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- UK Public General Acts
- 1984 c. 60
- Part V
- Section 64ZI
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This version of this provision is prospective.
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- where the provision (Part, Chapter or section) has never come into force or;
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Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Police and Criminal Evidence Act 1984, Section 64ZI is up to date with all changes known to be in force on or before 18 April 2024. 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.
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 Section 64ZI:
- s. 64ZA-64ZN inserted by 2010 c. 17 s. 14(2) (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 S. 14 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 17(1)(cza) inserted by 2021 c. 17 s. 26(9)
- s. 47A(3A) substituted by 2022 c. 35 Sch. 2 para. 7
- 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. 64A(1B)(cb) inserted by 2022 c. 32 Sch. 11 para. 18(a)
- Sch. 1A para. 21A added by 1995 c. 32, s. 8B(1) (as inserted) by 2006 c. 12 Sch. 3 para. 13
Prospective
[F164ZISections 64ZB to 64ZH: supplementary provisionE+W
(1)Any reference in section 64ZB or sections 64ZD to 64ZH to a person being charged with an offence includes a reference to a person being informed that he will be reported for an offence.
(2)For the purposes of those sections—
(a)a person has no previous convictions if the person has not previously been convicted of a recordable offence, and
(b)if the person has been previously convicted of a recordable offence, the conviction is exempt if it is in respect of a recordable offence other than a qualifying offence, committed when the person is aged under 18.
(3)For the purposes of those sections, a person is to be treated as having been convicted of an offence if—
(a)he has been given a caution in respect of the offence which, at the time of the caution, he has admitted, or
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)If a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purpose of any provision of those sections relating to an exempt, first or subsequent conviction.
(5)Subject to the completion of any speculative search that the responsible chief officer of police considers necessary or desirable, material falling within any of sections 64ZD to 64ZH must be destroyed immediately if it appears to the chief officer that—
(a)the arrest was unlawful,
(b)the taking of the fingerprints, impressions of footwear or DNA sample concerned was unlawful,
(c)the arrest was based on mistaken identity, or
(d)other circumstances relating to the arrest or the alleged offence mean that it is appropriate to destroy the material.
(6)“Responsible chief officer of police” means the chief officer of police for the police area—
(a)in which the samples, fingerprints or impressions of footwear were taken, or
(b)in the case of a DNA profile, in which the sample from which the DNA profile was derived was taken.]
Textual Amendments
F1Ss. 64ZA-64ZN inserted (prosp.) by Crime and Security Act 2010 (c. 17), ss. 14(2), 59
F2S. 64ZI(3)(b) omitted (8.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 10 (with s. 135(4)); S.I. 2013/453, art. 4(f)
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