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Serious Organised Crime and Police Act 2005
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- 2005 c. 15
- Part 3
- Photographing of suspects etc.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 78(3)((ab)(ac)) added by 2011 c. 24 (N.I.) s. 56(1)
- s. 2A inserted by 2007 c. 27 Sch. 8 para. 169
- s. 2A modified by 2009 c. 25 s. 170(1)
- s. 8A inserted by S.I. 2010/976 Sch. 15 para. 4
- s. 25A inserted by S.I. 2010/976 Sch. 15 para. 14
- s. 75A inserted by 2006 c. 48 Sch. 14 para. 62
- s. 75B inserted by 2009 c. 25 s. 113(7)
- s. 473(2)(b) and word omitted by 2008 c. 9 Sch. 14 para. 17(n)
- s. 476(3) text amended by 2008 c. 9 Sch. 17 para. 27(1)
Commencement Orders yet to be applied to the Serious Organised Crime and Police Act 2005:
Commencement Orders
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2005/1521 art. 2-4 commences (2005 c. 15)
- S.I. 2005/2026 art. 2 commences (2005 c. 15)
- S.I. 2005/3136 art. 2 3 commences (2005 c. 15)
- S.I. 2005/3495 art. 2 commences (2005 c. 15)
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
- S.I. 2006/1085 art. 2-4 commences (2005 c. 15)
- S.I. 2006/1871 art. 2 commences (2005 c. 15)
- S.I. 2006/2182 art. 3 amendment to earlier commencing SI 2006/1871
- S.I. 2007/3064 art. 2 commences (2005 c. 15)
- S.I. 2007/3341 art. 2 commences (2005 c. 15)
- S.I. 2008/306 art. 2 commences (2005 c. 15)
- S.I. 2008/697 art. 2 commences (2005 c. 15)
- S.I. 2008/1325 art. 2 commences (2005 c. 15)
- S.I. 2011/410 art. 2 commences (2005 c. 15)
- S.S.I. 2006/166 art. 2 commences (2005 c. 15)
- S.S.I. 2006/381 art. 2 commences (2005 c. 15)
- S.S.I. 2007/241 art. 2 commences (2005 c. 15)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2006/1013 art. 2 commences (2006 c. 11)
- S.I. 2006/2966 art. 2 3 commences (2006 c. 33)
- S.I. 2006/3200 art. 2 commences (2006 c. 35)
- S.I. 2007/29 art. 2 amendment to earlier commencing SI 2006/3364
- S.I. 2007/709 art. 2-4 commences (2006 c. 48)
- S.I. 2007/1092 art. 2 commences (2006 c. 3)
- S.I. 2008/219 art. 2 3 commences (2007 c. 27)
- S.I. 2008/755 art. 2 15-18 commences (2007 c. 27)
- S.I. 2008/2503 art. 2 3 commences (2006 c. 48)
- S.I. 2008/2504 art. 2 commences (2007 c. 27)
- S.I. 2009/812 art. 3 commences (2006 c. 52)
- S.I. 2009/1059 Order transitional provisions for effects of commencing SI 2009/812
- S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
- S.I. 2009/3250 art. 2 commences (2007 c. 29)
- S.I. 2010/507 art. 2-5 commences (2009 c. 26)
- S.I. 2010/816 art. 2-6 Sch. commences (2009 c. 25)
- S.I. 2010/1986 art. 2 commences (2009 c. 26)
- S.I. 2010/2317 art. 2 3 commences (2010 c. 15)
- S.I. 2011/1066 art. 2 commences (2010 c. 15)
- S.I. 2011/1418 art. 2 commences (2010 c. 23)
- S.I. 2011/2834 art. 2 3 commences (2011 c. 13)
- S.I. 2011/3019 art. 3 Sch. 1 Comencement Order
- S.S.I. 2007/84 art. 3 commences (2006 asp 10)
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
- S.S.I. 2011/178 art. 2 commences (2010 asp 13)
- S.R. 2011/224 art. 2 commences (2011 c. 24 (N.I.))
Prospective
Photographing of suspects etc.E+W
116Photographing of suspects etc.E+W
(1)Section 64A of PACE (photographing of suspects etc.) is amended as follows.
(2)After subsection (1) insert—
“(1A)A person falling within subsection (1B) below may, on the occasion of the relevant event referred to in subsection (1B), be photographed elsewhere than at a police station—
(a)with the appropriate consent; or
(b)if the appropriate consent is withheld or it is not practicable to obtain it, without it.
(1B)A person falls within this subsection if he has been—
(a)arrested by a constable for an offence;
(b)taken into custody by a constable after being arrested for an offence by a person other than a constable;
(c)made subject to a requirement to wait with a community support officer under paragraph 2(3) or (3B) of Schedule 4 to the Police Reform Act 2002 (“the 2002 Act”);
(d)given a penalty notice by a constable in uniform under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001, a penalty notice by a constable under section 444A of the Education Act 1996, or a fixed penalty notice by a constable in uniform under section 54 of the Road Traffic Offenders Act 1988;
(e)given a notice in relation to a relevant fixed penalty offence (within the meaning of paragraph 1 of Schedule 4 to the 2002 Act) by a community support officer by virtue of a designation applying that paragraph to him; or
(f)given a notice in relation to a relevant fixed penalty offence (within the meaning of paragraph 1 of Schedule 5 to the 2002 Act) by an accredited person by virtue of accreditation specifying that that paragraph applies to him.”
(3)In subsection (4)(a), after “prosecution” insert “ or to the enforcement of a sentence ”.
(4)In subsection (5), after paragraph (b) insert “; and
(c)“sentence” includes any order made by a court in England and Wales when dealing with an offender in respect of his offence.”
(5)After subsection (6) insert—
“(6A)In this section, a “photograph” includes a moving image, and corresponding expressions shall be construed accordingly.”
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