The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Code C) Order 2005

Statutory Instruments

2005 No. 602

POLICE, ENGLAND AND WALES

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Code C) Order 2005

Made

9th March 2005

Laid before Parliament

10th March 2005

Coming into force

1st April 2005

The Secretary of State, in exercise of the powers conferred upon him by section 67(5) of the Police and Criminal Evidence Act 1984(1) hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Code C) Order 2005 and shall come into force on 1st April 2005.

(2) In this Order “PACE Code C” means the Police and Criminal Evidence Act 1984 Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers(2).

Revisions to PACE Code C

2.—(1) PACE Code C is amended as follows.

(2) In Annex I (Police areas(3) where the power to test persons aged 18 and over for specified Class A drugs under section 63B(4) of PACE has been brought into force)—

(a) after “Greater Manchester”, insert “Gwent”;

(b) after “Metropolitan Police District”, insert “Northamptonshire”; and

(c) after “Nottinghamshire”, insert “South Wales”.

Caroline Flint

Parliamentary Under Secretary of State

Home Office

9th March 2005

Explanatory Note

(This note is not part of the Order)

This Order amends Annex I to the Police and Criminal Evidence Act 1984 Code of Practice for the Detention, Treatment and Questioning of Persons by Police Officers (Code C) to include the police areas of Gwent, Northamptonshire and South Wales in the list of police areas in which the power to test adults for specified Class A drugs under section 63B of the Police and Criminal Evidence Act 1984 can be exercised.

(1)

1984 c. 60. Section 67 (1) to (7D) were substituted by section 11(1) of the Criminal Justice Act 2003 (c. 44).

(2)

The latest version of PACE Code C was brought into force by S.I. 2004/1887.

(3)

The term “police area” has the meaning ascribed to it in section 101 (1) of the Police Act 1996 (c. 16) by virtue of Schedule 1 to the Interpretation Act 1978 (c. 30).

(4)

Section 63B of PACE was inserted by section 57 of the Criminal Justice and Court Services Act 2000 (c. 43) and was amended by section 5 of the Criminal Justice Act 2003.