Statutory Instruments
NATIONAL CRIME AGENCY, ENGLAND AND WALES
Made
20th February 2024
Laid before Parliament
21st February 2024
Coming into force
13th March 2024
The Secretary of State makes this Order in exercise of the powers conferred by paragraphs 27(1)(b), 27(2) and 29 of Schedule 5 to the Crime and Courts Act 2013(1)
1.—(1) This Order may be cited as the Crime and Courts Act 2013 (Application and Modification of the Extradition Act 2003) (England and Wales) Order 2024.
(2) This Order comes into force on 13th March 2024.
(3) This Order extends to England and Wales only.
2. In this Order—
“the 2013 Act” means the Crime and Courts Act 2013;
“designated person” means a National Crime Agency officer designated as a person having the powers and privileges of a constable under section 9(2)(a) or 10(1)(a) of the 2013 Act.
3.—(1) The Extradition Act 2003(2) applies in relation to—
(a)designated persons, and
(b)the exercise of powers by such persons under Part 1 of the 2013 Act,
with the modifications set out in this article.
(2) Section 164 (entry and search of premises after arrest) has effect as if in subsection (9) for “police officer of the rank of inspector or above” there were substituted “designated person of at least grade 3”.
(3) Section 166 (fingerprints and samples) has effect as if in subsection (4) for “police officer of at least the rank of inspector” there were substituted “designated person of at least grade 3”.
(4) Section 167 (searches and examination) has effect as if in subsection (2) for “police officer of at least the rank of inspector” there were substituted “designated person of at least grade 3”.
Tom Tugendhat
Minister of State
Home Office
20th February 2024
(This note is not part of the Order)
Under sections 9(2)(a) and 10(1)(a) of the Crime and Courts Act 2013 (c. 22) the Director General of the National Crime Agency (“NCA”) and other NCA officers, respectively, can be designated as persons having the powers and privileges of a constable. This Order modifies the application of certain provisions in Part 4 of the Extradition Act 2003 (c. 41) which provide that certain powers may be exercised only with the authorisation of a police officer of at least the rank of inspector. It enables a designated NCA officer of at least grade 3 to authorise designated NCA officers when they are exercising their powers under these provisions.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector or community bodies is foreseen.