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[F1Schedule 7BU.K.Rights of persons arrested under section 137A: modifications

Textual Amendments

F1Sch. 7B inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 16; S.I. 2018/227, art. 2(g)

Modifications etc. (not altering text)

C1Sch. 7B applied (with modifications) by 2013 c. 22, Sch. 21 para. 42B, 42D (as inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 17 para. 10(3); S.I. 2018/227, art. 2(g))

C2Sch. 7B applied (with modifications) by 2007 c. 11, s. 87(2B)(2D) (as inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 17 para. 9(2); S.I. 2018/227, art. 2(g))

Part 1U.K.Arrests in respect of offences committed in England and Wales

3(1)Section 58 of the Police and Criminal Evidence Act 1984 (access to legal advice) is modified as follows.U.K.

(2)Subsection (1) is to be read as if (instead of referring to a person held in custody in a police station or other premises) it referred to a person detained under section 137C.

(3)Subsections (2) and (9)(b) are to be read as if (instead of referring to a person’s custody record) they referred to the record made by the arresting force in relation to the person’s arrest under section 137A and detention under section 137C.

(4)Subsections (3) and (5) do not apply.

(5)Subsection (6)(a) does not apply.

(6)The reference in subsection (6)(b) to an officer of at least the rank of superintendent is to be read as a reference to an officer of at least that rank in the investigating force.

(7)The reference in subsection (8)(a) to an indictable offence is to be read as a reference to an indictable offence under the law of England and Wales.

(8)Subsection (8A)(a) is to be read as if (instead of referring to the person detained for the indictable offence) it referred to the person detained under section 137C.]