The Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009

Interpretation

2.—(1) In this Order—

“the Act” means the Armed Forces Act 2006(1);

“the 1984 Act” means the Police and Criminal Evidence Act 1984;

“analysis”, in relation to a skin impression, includes comparison and matching;

“applicable service offence” means—

(a)

an offence under section 42 of the Act for which the corresponding offence under the law of England and Wales is an offence specified in regulation 3 of the National Police Records (Recordable Offences) Regulations 2000(2);

(b)

an offence listed in the second column of Schedule 1, subject to any restriction stated in relation to the offence in the third column of the Schedule; or

(c)

an offence within any of paragraphs 1 to 11 of Schedule 2 to the Act;

“appropriate consent” means—

(a)

in relation to a person who has attained the age of 17 years, the consent of that person;

(b)

in relation to a person who has not attained that age but has attained the age of 14 years, the consent of that person and his parent or guardian; and

(c)

in relation to a person who has not attained the age of 14 years, the consent of his parent or guardian;

“authorising service policeman” shall be construed in accordance with article 3;

“conviction” includes a finding under the Act by a commanding officer or by the Summary Appeal Court that a charge has been proved;

“custody” has the same meaning as service custody for the purposes of the Act;

“extradition arrest power” means any of the following—

(a)

a Part 1 warrant (within the meaning given by the Extradition Act 2003)(3) in respect of which a certificate under section 2 of that Act has been issued;

(b)

section 5 of that Act;

(c)

a warrant issued under section 71 of that Act;

(d)

a provisional warrant (within the meaning given by that Act);

“fingerprints”, in relation to any person, means a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of—

(a)

any of that person’s fingers; or

(b)

either of his palms;

“intimate sample” means—

(a)

a sample of blood, semen or any other tissue fluid, urine or pubic hair;

(b)

a dental impression;

(c)

a swab taken from any part of a person’s genitals (including pubic hair) or from a person’s body orifice other than the mouth;

“intimate search” means a search which consists of the physical examination of a person’s body orifices other than the mouth;

“legal adviser” means—

(a)

a person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990(4),

(b)

an advocate or a solicitor in Scotland,

(c)

a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland, or

(d)

a person having in any of the Channel Islands, the Isle of Man, a Commonwealth country or a British overseas territory rights and duties similar to those of a barrister or solicitor in England and Wales, and subject to punishment or disability for breach of professional rules,

and, until paragraph 5 of Schedule 11 to the Constitutional Reform Act 2005(5) comes into force, the reference in (c) of this definition to the Court of Judicature of Northern Ireland is to be read as a reference to the Supreme Court of Northern Ireland;

“non-intimate sample” means—

(a)

a sample of hair other than pubic hair;

(b)

a sample taken from a nail or from under a nail;

(c)

a swab taken from any part of a person’s body other than a part from which a swab taken would be an intimate sample;

(d)

saliva;

(e)

a skin impression;

“the 2006 Order” means the Police and Criminal Evidence Act 1984 (Application to the Armed Forces) Order 2006(6);

“recordable service offence” means—

(a)

an offence under section 42 of the Act for which the corresponding offence under the law of England and Wales is an offence specified in regulation 3 of the National Police Records (Recordable Offences) Regulations 2000; or

(b)

an offence listed in the second column of Schedule 1 subject to any restriction stated in relation to the offence in the third column of that Schedule;

“registered dentist” has the same meaning as in the Dentists Act 1984(7);

“registered health care professional” has the same meaning as in Part 5 of the 1984 Act(8);

“serious service offence” means—

(a)

an offence under section 42 of the Act for which the corresponding offence under the law of England and Wales is an indictable offence;

(b)

any other service offence which may not be dealt with at a summary hearing by a commanding officer(9);

(c)

an offence under section 11(1) of the Act ( using violence against a superior officer);

(d)

an offence under section 18(3) or (4) of the Act (offences in relation to official documents and records with intent to deceive);

(e)

an offence under section 24(1) of the Act ( intentional or reckless damage to or loss of public or service property);

(f)

an offence under section 39 of the Act of attempting to commit an offence within sub-paragraph (c),(d) or (e);

(g)

an offence under section 40 of the Act of encouraging or assisting the commission of an offence within sub-paragraphs (c),(d) or (e);

“service discipline Acts” means the Army Act 1955(10), the Air Force Act 1955(11) and the Naval Discipline Act 1957(12);

“service medical authority” means the Royal Naval Medical Branch, the Royal Naval Dental Branch, Queen Alexandra’s Royal Naval Nursing Service, the Royal Army Medical Corps, the Royal Army Dental Corps, Queen Alexandra’s Royal Army Nursing Corps, the Royal Air Force Medical Service, the Royal Air Force Dental Branch and Princess Mary’s Royal Air Force Nursing Service;

“service offence” has the same meaning as in the Act;

“service police establishment” means any building or part of the building, any structure, or any room (whether on land or on a ship) which is used by a service policeman for the performance of his duties;

“service policeman” means a member of—

(a)

the Royal Navy Police;

(b)

the Royal Military Police; or

(c)

the Royal Air Force Police;

“skin impression”, in relation to any person, means any record (other than a fingerprint) which is a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of the whole or any part of his foot or of any other part of his body;

“speculative search”, in relation to a person’s fingerprints or samples, means such a check against other fingerprints or samples or against information derived from other samples as is referred to in article 14(1);

“sufficient” and “insufficient”, in relation to a sample, means (subject to paragraph (3) below) sufficient or insufficient (in point of quantity or quality) for the purpose of enabling information to be produced by the means of analysis used or to be used in relation to the sample.

(2) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999(13) other than the profession of practising medicine and the profession of nursing.

(3) References in this Order to a sample proving insufficient include references to where, as a consequence of—

(a) the loss, destruction or contamination of the whole or any part of the sample,

(b) any damage to the whole or a part of the sample, or

(c) the use of the whole or a part of the sample for an analysis which produced no results or which produced results some or all of which must be regarded, in the circumstances, as unreliable,

the sample has become unavailable or insufficient for the purpose of enabling information, or information of a particular description, to be obtained by means of analysis of the sample.

(1)

2006 c. 52.

(2)

S.I. 2000/1139, amended by S.I. 2003/2823, 2005/3106, 2007/2121.

(3)

2003 c. 41.

(4)

1990 c. 41. Subsection (6) of section 71 of the Courts and Legal Services Act 1990 was substituted by the Access to Justice Act 1999 (c. 22), section 43, Schedule 6, paragraphs 4 and 9. Subsections (7) and (8) of section 71 of the 1990 Act were repealed by section 106, Schedule 15, Part 2 of the 1999 Act. Prospective amendments to section 71 of the 1990 Act are made to subsections (1) and (3) by the Constitutional Reform Act 2005 (c. 4), section 59(5), Schedule 11, Part 2, paragraph 4(1), (3). Prospective amendments are made to subsections (4) and (6) and a new subsection (6A) is inserted into section 71 of the 1990 Act by the Legal Services Act 2007 (c. 29), section 208(1), Schedule 21, paragraphs 83 and 94(a), (b) and (c).

(5)

2005 c. 4.

(6)

S.I. 2006/2015.

(7)

1984 c. 24.

(8)

See section 65(1) of the 1984 Act.

(9)

The service offences which may be dealt with at a summary hearing by a commanding officer are prescribed in section 53 of the Act.

(10)

1955 c. 18.

(11)

1955 c. 19.

(12)

1957 c. 53.

(13)

1999 c. 8.