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Police Reform Act 2002
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Police Reform Act 2002, Section 104 is up to date with all changes known to be in force on or before 23 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.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 26F inserted by 2023 c. 41 Sch. 13 para. 6
- s. 28A(6A)(6B) inserted by 2023 c. 41 s. 45(2)
104 Assaults on members of teamsU.K.
This section has no associated Explanatory Notes
(1)In section 89 of the 1996 Act (assaults on constables), after subsection (3) there shall be inserted—
“(4)In this section references to a person assisting a constable in the execution of his duty include references to any person who is neither a constable nor in the company of a constable but who—
(a)is a member of an international joint investigation team that is led by a member of a police force or by a member of the National Criminal Intelligence Service or of the National Crime Squad; and
(b)is carrying out his functions as a member of that team.
(5)In this section “international joint investigation team” means any investigation team formed in accordance with—
(a)any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;
(b)the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or
(c)any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State.
(6)A statutory instrument containing an order under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
(2)In section 41 of the Police (Scotland) Act 1967 (c. 77) (assaults on constables), after subsection (3) there shall be inserted—
“(4)In this section references to a person assisting a constable in the execution of his duty include references to any person who is neither a constable nor in the company of a constable but who—
(a)is a member of an international joint investigation team that is led by a constable of a police force or by a member of the National Criminal Intelligence Service or of the National Crime Squad; and
(b)is carrying out his functions as a member of that team.
(5)In this section “international joint investigation team” means any investigation team formed in accordance with—
(a)any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;
(b)the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or
(c)any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State with the consent of the Scottish Ministers.
(6)A statutory instrument containing an order under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
(3)In section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assaults on constables), after subsection (4) there shall be inserted—
“(5)In this section references to a person assisting a constable in the execution of his duty include references to any person who is neither a constable nor in the company of a constable but who—
(a)is a member of an international joint investigation team that is led by a member of the Police Service of Northern Ireland; and
(b)is carrying out his functions as a member of that team.
(6)In this section “international joint investigation team” means any investigation team formed in accordance with—
(a)any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;
(b)the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or
(c)any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State.
(7)A statutory instrument containing an order under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
Commencement Information
I1S. 104 wholly in force; s. 104 not in force at Royal Assent, see s. 108(2)(5); s. 104(1)(3) in force at 1.10.2002 by S.I. 2002/2306, art. 2(f)(xiii); s. 104(2) in force at 1.10.2002 by S.S.I. 2002/420, art. 2
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