Schedule 1: Amendments related to Part 1
744.Paragraphs 1 to 10 make various amendments which are consequential on the specific modifications and extensions to powers set out in Part 1.
745.Paragraph 11 amends section 2 of the Criminal Justice Act 1987 to allow “appropriate persons” to exercise the powers of a constable executing a warrant under that section. “Appropriate persons” are either members of the Serious Fraud Office or authorised by the Director of that Office to accompany a constable executing a warrant under that section. This amendment is similar to that made by Section 2 of the Act. “Appropriate persons” may exercise those powers only in the company and under the supervision of a constable. Paragraphs 12 and 13 make related amendments of section 2.
746.Paragraph 14 extends the meaning of property seized by a constable, for the purposes of section 56(1) of the Criminal Justice and Police Act 2001, to include property seized by persons accompanying constables executing warrants (as allowed for by Section 2 of, and paragraph 11 of Schedule 1 to, the Act). This amendment is required for those cases in which a person accompanying a constable executing a warrant has (because of the changes made by the Act) a power of seizure to which section 50, 53, 54 or 55 of the Criminal Justice and Police Act 2001 applies. Section 50 confers extended powers of seizure and sections 53 to 55 impose obligations to return certain seized items. Section 56 is relevant in determining whether items must be returned under sections 53 to 55 or whether they may be retained. Its effect is to authorise the retention of certain items.
747.Paragraph 15 extends stop and search powers under section 2 of the Armed Forces Act 2001 to articles made, adapted or intended for use in causing criminal damage. This amendment is similar to that made by Section 1 of the Act.
748.Paragraphs 16 to 20 amend Schedule 4 to the Police Reform Act 2002 which allows certain police powers to be exercised by designated civilian members of staff. The amendments are necessary to ensure that those provisions are consistent with the amendments to PACE powers set out in the Act.
