The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2007

Article 3(1)

SCHEDULE 1 Provisions of the Act applied to Revenue and Customs

• Section 8 (power of justice of the peace to authorise entry and search of premises)(1)

• Section 9 (special provisions as to access) and Schedule 1 (special procedure)(2)

• Section 15 (search warrants-safeguards)(3)

• Section 16 (execution of warrants)(4)

• Section 17(1)(b), (2), (4) (entry for purpose of arrest etc.)(5)

• Section 18 (entry and search after arrest)(6) (subject to the modification in article 8)

• Section 19 (general power of seizure etc.)(7)

• Section 20 (extension of powers of seizure to computerised information)(8)

• Section 21 (access and copying)(9) (subject to the modification in article 5)

• Section 22(1) to (4) (retention)(10)

• Section 24(2) (arrest without warrant: constables)(11) (subject to the modification in article 17)

• Section 28 (information to be given on arrest)

• Section 29 (voluntary attendance at police station etc.)

• Section 30(1) to (4) (a) and (5) to (11) (arrest elsewhere than at police station)(12)

• Section 31 (arrest for further offence)

• Section 32(1) to (9) (search upon arrest)(13) (subject to the modifications in article 5)

• Section 34(1) to (5) (limitations on police detention)(14)

• Section 35(1), (2), (3) and (4) (designated police stations)(15) (subject to the modification in article 9)

• Section 36(1), (2), (3), (4), (5), (6), (7), (8), (9) and (10) (custody officers at police stations)(16) (subject to the modification in article 10)

• Section 37 (duties of custody officer before charge)(17)

• Section 39 (responsibilities in relation to persons detained)(18)

• Section 40 (review of police detention)(19)

• Section 41(1), (2), (4) and (6) to (9) (limits on period of detention without charge)(20) (subject to the modification in article 11)

• Section 42(1), (2) and (4) to (11) (authorisation of continued detention)(21)

• Section 43(1) to (12) and (14) to (19) (warrants of further detention)(22)

• Section 44 (extension of warrants of further detention)

• Section 50 (records of detention)(23) (subject to the modification in article 12)

• Section 51(d) (savings)(24)

• Section 54 (searches of detained persons)(25)

• Section 55 (intimate searches)(26) (subject to the modifications in articles 5 and 13)

• Section 56(1) to (9) (right to have someone informed when arrested)(27)

• Section 57 (additional rights of children and young persons)(28)

• Section 58(1) to (11) (access to legal advice)(29)

• Section 62 (intimate samples)(30)

• Section 63 (other samples)(31)

• Section 64, except (6B), (destruction of fingerprints and samples)(32) (subject to the modification in article 14)

• Section 66 (codes of practice)(33)

• Section 67 (codes of practice-supplementary)(34)

• Section 77 (confessions by mentally handicapped persons)(35) (subject to the modification in article 15)

• Section 107 (police officers performing duties of higher rank)(36)

Article 3(2)

SCHEDULE 2

PART 1 Substitution of equivalent words and phrases in the Act

Where in the Act a word or phrase specified in Column 1 is used, in the application of the Act to Revenue and Customs, there shall be substituted the equivalent word or phrase in column 2—

Column 1	Column 2
WORDS AND PHRASES USED IN THE ACT	SUBSTITUTED WORDS AND PHRASES
chief officer of police	director
constable	officer of Revenue and Customs
designated police station	designated office of Revenue and Customs
officer of a force maintained by a police authority	officer of Revenue and Customs
Police detention (except in section 118 and in section 39(1)(a) the second time the words occur)	Revenue and Customs detention
Police officer	Officer of Revenue and Customs
Police station	Office of Revenue and Customs
rank	Grade
station	Office of Revenue and Customs
The police	Her Majesty’s Revenue and Customs

PART 2 Equivalent titles of officers

Where in the Act an act or thing is to be done by a constable of the rank specified in Column 1, that same act or thing shall, in the application of the Act to Revenue and Customs, be done by an officer of Revenue and Customs of at least an equivalent grade specified in Column 2—

Column 1	Column 2
RANK OF CONSTABLE	GRADE OF OFFICER
Sergeant	Officer
Inspector	Higher officer
Chief Inspector	Higher officer
Superintendent	Senior officer

(1)

1984 c.60. Section 8 of the Act was amended by sections 113(3), (4), 114(2) and 111 of, and paragraph 43(3) of Part 3 of Schedule 7 to, the Serious Organised Crime and Police Act 2005 (c.15); section 169(1) of, and paragraph 80(2) of Schedule 14 to, the Immigration and Asylum Act 1999 (c.33) and section 86 of the Finance Act 2007 (c.11).

(2)

Section 9 of the Act was amended by section 86(1) of the Criminal Justice and Police Act 2001 (c.16) and section 65 of, and paragraph 5 of Schedule 4 to, the Courts Act 2003 (c.39) but the latter amendment is not yet in force. Schedule 1 of the Act was amended by section 70 of, and paragraph 14 of Part 2 of Schedule 4 to, the Criminal Justice and Police Act 2001 (c.16); section 111 of, and paragraph 43(13) of Part 3 of Schedule 7 to, the Serious Organised Crime and Police Act 2005 (c.15) and section 113(10) to (13) of the 2005 Act (c.15). There are further amendments to Schedule 1 of the Act in section 114(9) of the Serious Organised Crime and Police Act 2005 (c.15) and section 65 of, and paragraph 6 of Schedule 4 to, the Courts Act 2003 (c.39) which are not yet in force.

(3)

Section 15 of the Act was amended by section 113(6) to (8), 114(4) to (7) and 174(2) of, and Part 2 of Schedule 17 to, the Serious Organised Crime and Police Act 2005 (c.15) and Article 7 of the Serious Organised Crime and Police Act 2005 (Amendment) Order 2005 (S.I. 2005/3496).

(4)

Section 16 of the Act was amended by section 109(1) of, and paragraph 281(3) of Schedule 8 to the Courts Act 2003 (c.39); section 2 of the Criminal Justice Act 2003 (c.44); section 113(9) and 114(8) of the Serious Organised Crime and Police Act 2005 (c.15) and Article 8 of the Serious Organised Crime and Police Act 2005 (Amendment) Order 2005 (S.I. 2005/3496).

(5)

Section 17(1)(b) of the Act was amended by section 111 of, and paragraph 43(1) and (4) of Schedule 7 to, the Serious Organised Crime and Police Act 2005 (c.15).

(6)

Section 18 of the Act was amended by section 111 of, and paragraph 43(1) and (5) of Part 3 of Schedule 7 to, the Serious Organised Crime and Police Act 2005 (c.15) and section 12 of, and paragraphs 1 and 2 of Schedule 1 to, the Criminal Justice Act 2003 (c.44).

(7)

Section 19 of the Act was amended by section 70 of, and paragraph 13(1) and (2)(a) of Part 2 of Schedule 2 to, the Criminal Justice and Police Act 2001 (c.16).

(8)

Section 20 of the Act was amended by section 70 of, and paragraph 13(1) and (2)(a) of Part 2 of Schedule 2 to, the Criminal Justice and Police Act 2001 (c.16).

(9)

Section 21(9) of the Act was inserted by section 12 of, and paragraphs 1 and 3 of Schedule 1 to, the Criminal Justice Act 2003 (c.44).

(10)

There are amendments to section 22 of the Act which are not relevant to this Order.

(11)

Section 24(2) of the Act was amended by section 110(1) of the Serious Organised Crime and Police Act 2005 (c.15).

(12)

Section 30 of the Act was amended by section 4(1) to (6) of the Criminal Justice Act 2003 (c.44).

(13)

1984 c.60. Section 32 of the Act was amended by section 59(2) of the Criminal Justice and Public Order Act 1994 (c.33) and section 111 of, and paragraph 43(6) of part 3 of Schedule 7 to, the Serious Organised Crime and Police Act 2005 (c.15). There are other amendments to section 30 which are not relevant to this Order.

(14)

Section 34 of the Act was amended by section 56(2) of the Criminal Justice and Court Services Act 2000 (c.43). There are other amendments to section 34 which are not relevant to this Order.

(15)

Section 35 of the Act was amended by section 12 of, and paragraphs 1 and 6 of Schedule 7 to, the Criminal Justice Act 2003 (c.44). There are other amendments not relevant to this Order.

(16)

Section 36 of the Act was amended by section 101 of, and paragraphs 11, 13(1) and (2) of Schedule 7 to, the Anti-Terrorism, Crime and Security Act 2001 (c.24). There are other amendments not relevant to this Order.

(17)

Section 37 of the Act was amended by section 108(7) of, and Schedule 15 to, the Children Act 1989 (c.41); sections 29(4)(a) and 168(3) of, and Schedule 11 to, the Criminal Justice and Public Order Act 1994 (c.33); section 28 of, and paragraph 2 of Schedule 2 to, the Criminal Justice Act 2003 (c.44); section 23(1) of, and paragraph 2 of Schedule 1 to, the Drugs Act 2005 (c.17) and sections 11 and 52 of, and paragraph 9 of Schedule 14 to, the Police and Justice Act 2006 (c.48).

(18)

Section 39 of the Act was amended by section 108(5) of, and paragraph 54 of Schedule 13 to the Children Act 1989 (c.41). Section 39(5) was repealed by section 108(7) of, and Schedule 15 to, the Children Act 1989 (c.41). There are further amendments to section 39 by section 121(7) of the Serious Organised Crime and Police Act (c.15) which are not yet in force.

(19)

Section 40 of the Act was amended by section 52 of the Police Reform Act 2002 (c.30) and section 28 of, and paragraph 4 of Schedule 2 to, the Criminal Justice Act 2003 (c.44).

(20)

Section 41 of the Act was amended by section 12 of, and paragraphs 1 and 8 of Schedule 1 to, the Criminal Justice Act 2003 (c.44) and section 29(4)(b) of the Criminal Justice and Public Order Act 1994 (c.33).

(21)

Section 42 of the Act was amended by section 29(4)(b) of the Criminal Justice and Public Order Act 1994 (c.33); section 7 of the Criminal Justice Act 2003 (c.44) and section 111 of, and paragraph 43(7) of Part 3 of Schedule 7 to, the Serious Organised Crime and Police Act (c.15).

(22)

Section 43 of the Act was amended by section 29(4)(b) of the Criminal Justice and Public Order Act 1994 (c.33) and section 111 of, and paragraph 43(8) of Part 3 of Schedule 7 to, the Serious Organised Crime and Police Act (c.15).

(23)

Section 50 of the Act was amended by section 103 of, and paragraph 35 of Schedule 7 to, the Police Act 1996 (c.16).

(24)

There are amendments to section 51 of the Act which are not relevant to this Order.

(25)

Section 54 of the Act was amended by section 147 of the Criminal Justice Act 1988 (c.33); section 168(2) of, and paragraph 55 of Schedule 10 to, the Criminal Justice and Public Order Act 1994 (c.33) and section 8 of the Criminal Justice Act 2003 (c.44). There are further amendments to section 54 by section 46(1) and (6) of the Police and Justice Act 2006 (c.48) which are in force for some purposes only (see article 3(n) of the Police and Justice Act 2006 (Commencement No. 2, Transitional and Saving Provisions) Order 2007 (S.I. 2007/709)).

(26)

Section 55 of the Act was amended by section 170(1) of, and paragraphs 97 and 99 of Schedule 15 to, the Criminal Justice Act 1988 (c.33); section 103 of, and paragraph 36 of Schedule 7 to, the Police Act 1996 (c.16); section 79 of the Criminal Justice and Police Act 2001 (c.16) and section 3 of the Drugs Act 2005 (c.17).

(27)

1984 c.60. Section 56 of the Act was amended by section 32(1) of the Drug Trafficking Offences Act 1986 (c.32); section 74 of the Criminal Justice and Police Act 2001 (c.16); section 456 of, and paragraph 14(2) of Schedule 11 to, the Proceeds of Crime Act 2002 (c.29) and section 111 of, and paragraph 43(9) of Part 3 of Schedule 7 to, the Serious Organised Crime and Police Act (c.15).

(28)

Section 57 of the Act amends section 34 of the Children and Young Persons Act 1933.

(29)

Section 58 of the Act was amended by section 32(2) of the Drug Trafficking Offences Act 1986 (c.32); section 456 of, and paragraph 14(1) and (3) of Schedule 11 to, the Proceeds of Crime Act 2002 (c.29) and section 111 of, and paragraph 43(10) of Part 3 of Schedule 7 to, the Serious Organised Crime and Police Act (c.15).

(30)

Section 62 of the Act was amended by section 4 of, and paragraph 27 of Schedule 3 to, the Road Traffic (Consequential Provisions) Act 1988 (c.54); sections 54 and 168 of, and Schedule 9, paragraphs 57(a) and (b) and 62(4)(a) of Schedule 10 and Schedule 11 to, the Criminal Justice and Public Order Act 1994 (c.33); section 125(1) of, and paragraph 5(1) and (8) of Schedule 15 to, the Terrorism Act 2000 (c.11); section 74 of, and paragraphs 76 and 78 of Part II of Schedule 7 to, the Criminal Justice and Court Services Act 2000 (c.43); section 80(1) of the Criminal Justice and Police Act 2001 (c.16) and section 53(2) and 54(1) of the Police Reform Act 2002 (c.30). Section 62(10)(a)(i) was repealed by sections 41 and 332 of, and paragraph 56(1) and (2)(a) of Part 2 of Schedule 3 and Part 4 of Schedule 37 to, the Criminal Justice Act 2003 (c.44) but that repeal is not yet in force. Section 62(10)(aa)(i) and (ii) was repealed and subsequent words substituted by section 41 of, and paragraph 56(1) and (2)(b) of Part 2 of Schedule 3 to, the Criminal Justice Act 2003 (c.44) but that repeal and substitution are not yet in force.

(31)

Section 63 of the Act was amended by section 55 of the Criminal Justice and Public Order Act 1994 (c.33) and section 168(2) of, and paragraphs 58(a) and (b) and 62(4)(b) of Schedule 10 to, the 1994 Act (c.33); sections 1(2) and 2(2) of the Criminal Evidence (Amendment) Act 1997 (c.17); section 125(1) of, and paragraph 5(1) and (9) of Schedule 15 to, the Terrorism Act 2000 (c.11); section 80(1) and (3) of the Criminal Justice and Police Act 2001 (c.16); section 107(1) of, and paragraph 9(4) of Schedule 7 to, the Police Reform Act 2002 (c.30); section 169(1) and (4) of the Extradition Act 2003 (c.41) and sections 10 and 332 of, and Part 1 of Schedule 7 to, the Criminal Justice Act 2003 (c.44). There is a further amendment to section 63 of the Act by section 80(4) of the Criminal Justice and Police Act 2001 (c.16) but that amendment is not yet in force.

(32)

Section 64 of the Act was amended by section 148 of the Criminal Justice Act 1988 (c.33); section 57(2) of the Criminal Justice and Public Order Act 1994 (c.33); section 103 of, and paragraph 37 of Part II of Schedule 7 to, the Police Act 1996 (c.16); section 82 of the Criminal Justice and Police Act 2001 (c.16); section 117(7) and section 118(4) of the Serious Organised Crime and Police Act 2005 (c.15). There are further amendments to section 64 in section 117(8) to (10) of the 2005 Act (c.15) which are not yet in force. Section 64(4) was repealed by section 137 of, and Part 2(1) of Schedule 7 to, the Criminal Justice and Police Act 2001 (c.16).

(33)

Section 66 of the Act was amended by section 57(4) of the Criminal Justice and Court Services Act 2000 (c.43) and section 110(3) of the Serious Organised Crime and Police Act 2005 (c.15).

(34)

Section 67 of the Act was amended by section 107(1) of, and paragraph 9(7) of Schedule 7 to, the Police Reform Act 2002 (c.30); section 107(2) of, and Schedule 8 to, the Police Reform Act 2002 (c.30); sections 11(1) and 332 of, and Part 1 of Schedule 37 to, the Criminal Justice Act 2003 (c.44); section 6(1) of, and paragraph 1 of Schedule 4 to, the Police and Justice Act 2006 (c.48). There are further amendments by section 38 of, and Part 1 of Schedule 7 to, the Armed Forces Act 2006 (c.52) and section 378(1) of, and paragraph 101 of Schedule 16 to, the 2006 Act (c.52). Section 67(8) was repealed by section 103 of, and Part II of Schedule 9 to, the Police Act 1996 (c.16).

(35)

Section 77 of the Act was amended by section 103 of, and paragraph 38 of Schedule 7 to, the Police Act 1996 (c.16) and section 331 of, and paragraph 48 of Part 4 of Schedule 36 to, the Criminal Justice Act 2003 (c.44).

(36)

Section 107 of the Act was amended by section 44 of, and paragraph 35 of Part II of Schedule 5 to, the Police and Magistrates’ Courts Act 1994 (c.29).