Part VI Codes of Practice—General
66 Codes of practice.
The Secretary of State shall issue codes of practice in connection with—
a
the exercise by police officers of statutory powers—
i
to search a person without first arresting him; F1. . .
ii
to search a vehicle without making an arrest;F2 or
iii
to arrest a person;
b
the detention, treatment, questioning and identification of persons by police officers;
c
searches of premises by police officers; and
d
the seizure of property found by police officers on persons or premises.
F32
Codes shall (in particular) include provision in connection with the exercise by police officers of powers under section 63B above.
67 Codes of practice—supplementary.
F41
In this section, “code” means a code of practice under section 60, 60A or 66.
2
The Secretary of State may at any time revise the whole or any part of a code.
3
A code may be made, or revised, so as to—
a
apply only in relation to one or more specified areas,
b
have effect only for a specified period,
c
apply only in relation to specified offences or descriptions of offender.
4
Before issuing a code, or any revision of a code, the Secretary of State must consult—
F5a
the Association of Police Authorities,
b
the Association of Chief Police Officers of England, Wales and Northern Ireland,
c
the General Council of the Bar,
d
the Law Society of England and Wales,
e
the Institute of Legal Executives, and
f
such other persons as he thinks fit.
5
A code, or a revision of a code, does not come into operation until the Secretary of State by order so provides.
6
The power conferred by subsection (5) is exercisable by statutory instrument.
7
An order bringing a code into operation may not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
7A
An order bringing a revision of a code into operation must be laid before Parliament if the order has been made without a draft having been so laid and approved by a resolution of each House.
7B
When an order or draft of an order is laid, the code or revision of a code to which it relates must also be laid.
7C
No order or draft of an order may be laid until the consultation required by subsection (4) has taken place.
7D
An order bringing a code, or a revision of a code, into operation may include transitional or saving provisions.
F68
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C19
Persons other than police officers who are charged with the duty of investigating offences or charging offenders shall in the discharge of that duty have regard to any relevant provision of F7. . . a code.
F89A
Persons on whom powers are conferred by—
a
any designation under section 38 or 39 of the Police Reform Act 2002 (c. 30)(police powers for police authority employees), or
b
any accreditation under section 41 of that Act (accreditation under community safety accreditation schemes),
shall have regard to any relevant provision of a code F9. . . in the exercise or performance of the powers and duties conferred or imposed on them by that designation or accreditation.
10
A failure on the part—
b
c
of a person designated under section 38 or 39 or accredited under section 41 of the Police Reform Act 2002 (c. 30) to have regard to any relevant provision of F14. . . a code in the exercise or performance of the powers and duties conferred or imposed on him by that designation or accreditation,
shall not of itself render him liable to any criminal or civil proceedings.
11
In all criminal and civil proceedings any F15. . . code shall be admissible in evidence; and if any provision of F15. . . a code appears to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.
12
In this section “criminal proceedings” includes—
a
b
proceedings before the Courts-Martial Appeal Court; and
c
proceedings before a Standing Civilian Court.