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Police and Criminal Evidence Act 1984

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67 Codes of practice—supplementary.E+W

[F1(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—

[F2(a)the Association of Police Authorities,

(b)the Association of Chief Police Officers of England, Wales and Northern Ireland,]

F2(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.

(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.]

F1F3(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 F4... a code.

[F5(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 police authority employees), 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 F6... in the exercise or performance of the powers and duties conferred or imposed on them by that designation or accreditation.]

F5(10)A failure on the part—

(a)of a police officer to comply with any provision of F7... a code; F8...

(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 F9... a code in the discharge of that duty, [F10, 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 F11... a code in the exercise or performance of the powers and duties conferred or imposed on him by that designation or accreditation,]

F10shall not of itself render him liable to any criminal or civil proceedings.

(11)In all criminal and civil proceedings any F12... code shall be admissible in evidence; and if any provision of F12... 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.

[F13(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.F13]

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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)

F8S. 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)

F13S. 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)

C1S. 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)

C2S. 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))

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