Serious Organised Crime and Police Act 2005

Prospective

Custody officers E+W

120 Staff custody officers: designation E+W

(1) Section 38 of the Police Reform Act 2002 (c. 30) (police powers for police authority employees) is amended as provided in subsections (2) to (4).

(2) In subsection (2), after paragraph (d) add—

“(e) staff custody officer.”

(3) In subsection (6), after paragraph (d) add—

“(e) in the case of a person designated as a staff custody officer, Part 4A.”

(4) After subsection (9) add—

“(10) References in this section, section 42 or section 46(4) to powers and duties conferred or imposed on a designated person, or to a designated person's being authorised or required to do anything by virtue of a designation under this section, or to a power or duty exercisable by a designated person in reliance on or by virtue of a designation under this section are, in the case of a staff custody officer at a police station designated under section 35(1) of the 1984 Act, references to those things in relation to him after his appointment as a custody officer for that police station under section 36(2) of that Act.”

(5) After Part 4 of Schedule 4 to the Police Reform Act 2002 (powers exercisable by police civilians) insert—

“Part 4A E+W Staff custody officers

Exercise of functions of custody officers

35A (1) Where a designation applies this paragraph to any person, he may (subject to sub-paragraph (2)) perform all the functions of a custody officer under the 1984 Act (except those under section 45A(4) of that Act) and under any other enactment which confers functions on such a custody officer.

(2) But in relation to a police station designated under section 35(1) of the 1984 Act, the person must first also be appointed a custody officer for that police station under section 36(2) of that Act.

(3) A person performing the functions of a custody officer by virtue of a designation under this paragraph (together with, if appropriate, an appointment as such) shall have all the powers and duties of a custody officer.

(4) Except in sections 36 and 45A(4) of the 1984 Act, references in any enactment to a custody officer within the meaning of that Act include references to a person performing the functions of a custody officer by virtue of a designation under this paragraph.”

121 Custody officers: amendments to PACE E+W

(1) Section 36 of PACE (custody officers at police stations) is amended as provided in subsections (2) to (6).

(2) For subsection (3) substitute—

“(3) No person may be appointed a custody officer unless—

(a) he is a police officer of at least the rank of sergeant; or

(b) he is a staff custody officer.”

(3) In subsection (5), for “an officer” substitute “ an individual ”.

(4) In subsection (7)—

(a) in paragraph (a)—

(i) after “by an officer” insert “ or a staff custody officer ”,

(ii) for “such an officer” substitute “ such a person ”,

(b) in paragraph (b), for “such officer” substitute “ such person ”.

(5) In subsection (8)—

(a) after “in” insert “ section 34 above or in ”,

(b) for “an officer” substitute “ a person ”.

(6) After subsection (10) add—

“(11) In this section, “staff custody officer” means a person who has been designated as such under section 38 of the Police Reform Act 2002.”

(7) In section 39 of PACE (responsibilities in relation to persons detained)—

(a) in subsection (6)(a), after “custody officer” insert “ (or, if the custody officer is a staff custody officer, any police officer or any police employee) ”,

(b) after subsection (6) add—

“(7) In subsection (6) above—

“police employee” means a person employed under section 15 of the Police Act 1996;

“staff custody officer” has the same meaning as in the Police Reform Act 2002.”