C8Part XI Miscellaneous and Supplementary
113Application of Act to Armed Forces.
1
The Secretary of State may by order direct that any provision of F37Part 5 of this Act (or Part 11 of this Act so far as relating to that Part) which relates to investigations of offences conducted by police officers or to persons detained by the police shall apply, subject to such modifications as he may specify, to investigations of offences conducted under the M9Army Act 1955, the M10Air Force Act 1955 or the M11Naval Discipline Act 1957 or to persons under arrest under any of those Acts.
2
Section 67(9) above shall not have effect in relation to investigations of offences conducted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.
3
The Secretary of State shall issue a code of practice, or a number of such codes, for persons other than police officers who are concerned F38with
a
the exercise of the powers conferred by Part 2 of the Armed Forces Act 2001, or
b
enquiries into offences under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.
F13A
In subsections (4) to (10), “code” means a code of practice under subsection (3).
4
Without prejudice to the generality of subsection (3) above, a code F2. . . may contain provisions, in connection with F3the powers mentioned in subsection (3)(a) above or the enquiries mentioned in subsection (3)(b) above, as to the following matters—
a
the tape-recording of interviews;
b
searches of persons and premises; and
c
the seizure of things found on searches.
F45
The Secretary of State may at any time revise the whole or any part of a code.
6
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.
7
The Secretary of State must lay a code, or any revision of a code, before Parliament.
8
A failure on the part of any person to comply with any provision of a code F5. . . shall not of itself render him liable to any criminal or civil proceedings except those to which this subsection applies.
9
Subsection (8) above applies—
a
b
to proceedings under any provision of the M14Naval Discipline Act 1957 other than section 42.
10
In all criminal and civil proceedings any F6. . . code shall be admissible in evidence and if any provision of F6. . . 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.
11
In subsection (10) above “criminal proceedings” includes—
a
proceedings in the United Kingdom or elsewhere before a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 F36. . .
b
proceedings before the Courts-Martial Appeal Court; and
c
proceedings before a Standing Civilian Court.
C112
Parts VII and VIII of this Act have effect for the purposes of proceedings—
b
before the Courts-Martial Appeal Court; and
c
before a Standing Civilian Court,
subject to any modifications which the Secretary of State may by order specify.
13
An order under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
C2114F7Application of Act to Revenue and Customs
1
“Arrested”, “arresting”, “arrest” and “to arrest” shall respectively be substituted for “detained”, “detaining”, “detention” and “to detain” wherever in the customs and excise Acts, as defined in section 1(1) of the M1Customs and Excise Management Act 1979, those words are used in relation to persons.
C32
The Treasury may by order direct—
a
that any provision of this Act which relates to investigations of offences conducted by police officers or to persons detained by the police shall apply, subject to such modifications as the order may specify, to F8investigations conducted by officers of Revenue and Customs or to F9persons detained by officers of Revenue and Customs; and
b
that, in relation to F10investigations of offences conducted by officers of Revenue and Customs—
i
this Act shall have effect as if the following F11sections were inserted after section 14—
14A Exception for F12Revenue and Customs.
Material in the possession of a person who acquired or created it in the course of any trade, business, profession or other occupation or for the purpose of any paid or unpaid office F13and which relates to a matter in relation to which Her Majesty's Revenue and Customs have functions, is neither excluded material nor special procedure material for the purposes of any enactment such as is mentioned in section 9(2) above.
14BF14Revenue and Customs: restriction on other powers to apply for production of documents
1
An officer of Revenue and Customs may make an application for the delivery of, or access to, documents under a provision specified in subsection (3) only if the condition in subsection (2) is satisfied.
2
The condition is that the officer thinks that an application under Schedule 1 would not succeed because the material required does not consist of or include special procedure material.
3
The provisions are—
a
section 20BA of, and Schedule 1AA to, the Taxes Management Act 1970 (serious tax fraud);
b
paragraph 11 of Schedule 11 to the Value Added Tax Act 1994 (VAT);
c
paragraph 4A of Schedule 7 to the Finance Act 1994 (insurance premium tax);
d
paragraph 7 of Schedule 5 to the Finance Act 1996 (landfill tax);
e
paragraph 131 of Schedule 6 to the Finance Act 2000 (climate change levy);
f
paragraph 8 of Schedule 7 to the Finance Act 2001 (aggregates levy);
g
Part 6 of Schedule 13 to the Finance Act 2003 (stamp duty land tax).
ii
section 55 above shall have effect as if it related only to things such as are mentioned in subsection (1)(a) of that section.
F15d
that where an officer of Revenue and Customs searches premises in reliance on a warrant under section 8 of, or paragraph 12 of Schedule 1 to, this Act (as applied by an order under this subsection) the officer shall have the power to search persons found on the premises—
i
in such cases and circumstances as are specified in the order, and
ii
subject to any conditions specified in the order; and
e
that powers and functions conferred by a provision of this Act (as applied by an order under this subsection) may be exercised only by officers of Revenue and Customs acting with the authority (which may be general or specific) of the Commissioners for Her Majesty's Revenue and Customs.
F162A
A certificate of the Commissioners that an officer of Revenue and Customs had authority under subsection (2)(e) to exercise a power or function conferred by a provision of this Act shall be conclusive evidence of that fact.
F173
An order under subsection (2)—
a
may make provision that applies generally or only in specified cases or circumstances,
b
may make different provision for different cases or circumstances,
c
may, in modifying a provision, in particular impose conditions on the exercise of a function, and
d
shall not be taken to limit a power under section 164 of the Customs and Excise Management Act 1979.
4
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
An order under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F19114A Power to apply Act to officers of the Secretary of State etc.
1
The Secretary of State may by order direct that—
a
the provisions of Schedule 1 to this Act so far as they relate to special procedure material, and
b
the other provisions of this Act so far as they relate to the provisions falling within paragraph (a) above,
shall apply, with such modifications as may be specified in the order, for the purposes of investigations falling within subsection (2) as they apply for the purposes of investigations of offences conducted by police officers.
2
An investigation falls within this subsection if—
a
it is conducted by an officer of the department of F39the Secretary of State for Business, Enterprise and Regulatory Reform or by another person acting on that Secretary of State’s behalf;
b
it is conducted by that officer or other person in the discharge of a duty to investigate offences; and
3
The investigations for the purposes of which provisions of this Act may be applied with modifications by an order under this section include investigations of offences committed, or suspected of having been committed, before the coming into force of the order or of this section.
4
An order under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
115 Expenses.
Any expenses of a Minister of the Crown incurred in consequence of the provisions of this Act, including any increase attributable to those provisions in sums payable under any other Act, shall be defrayed out of money provided by Parliament.
C4116 Meaning of “serious arrestable offence”.
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C5117 Power of constable to use reasonable force.
Where any provision of this Act—
a
confers a power on a constable; and
b
does not provide that the power may only be exercised with the consent of some person, other than a police officer,
the officer may use reasonable force, if necessary, in the exercise of the power.
E1C7118 General interpretation. C6
1
In this Act—
F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23F24“British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);“designated police station” has the meaning assigned to it by section 35 above;
“document” F25means anything in which information of any description is recorded.;
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“item subject to legal privilege” has the meaning assigned to it by section 10 above;
“parent or guardian” means—
“premises” has the meaning assigned to it by section 23 above;
“recordable offence” means any offence to which regulations under section 27 above apply;
“vessel” includes any ship, boat, raft or other apparatus constructed or adapted for floating on water.
2
F28Subject to subsection (2A) a person is in police detention for the purposes of this Act if—
F29a
he has been taken to a police station after being arrested for an offence or after being arrested under section 41 of the Terrorism Act 2000, or
b
he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it,
and is detained there or is detained elsewhere in the charge of a constable, except that a person who is at a court after being charged is not in police detention for those purposes.
F302A
Where a person is in another’s lawful custody by virtue of paragraph 22, 34(1) or 35(3) of Schedule 4 to the Police Reform Act 2002, he shall be treated as in police detention.
119 Amendments and repeals.
1
The enactments mentioned in Schedule 6 to this Act shall have effect with the amendments there specified.
2
The enactments mentioned in Schedule 7 to this Act (which include enactments already obsolete or unnecessary) are repealed to the extent specified in the third column of that Schedule.
3
The repeals in Parts II and IV of Schedule 7 to this Act have effect only in relation to criminal proceedings.
120 Extent.
1
Subject to the following provisions of this section, this Act extends to England and Wales only.
2
3
The following extend to Northern Ireland only—
section 6(4); and
section 112(2).
4
5
6
So far as they relate to proceedings before courts-martial and Standing Civilian Courts, the relevant provisions extend to any place at which such proceedings may be held.
7
So far as they relate to proceedings before the Courts-Martial Appeal Court, the relevant provisions extend to any place at which such proceedings may be held.
8
In this section “the relevant provisions” means—
a
subsection (11) of section 67 above;
b
subsection (12) of that section so far as it relates to subsection (11);
c
Parts VII and VIII of this Act, except paragraph 10 of Schedule 3;
d
subsections (2) and (8) to (12) of section 113 above; and
e
subsection (13) of that section, so far as it relates to an order under subsection (12).
9
F359A
Section 119(1), so far as it relates to any provision amended by Part II of Schedule 6, extends to any place to which that provision extends.
10
Section 119(2), so far as it relates—
a
to any provision contained in—
the M4Army Act 1955;
the M5Air Force Act 1955;
the M6Armed Forces Act 1981; or
the M7Value Added Tax Act 1983;
b
to any provision mentioned in Part VI of Schedule 7, other than section 18 of the M8Pedlars Act 1871,
extends to any place to which that provision extends.
11
So far as any of the following—
section 115;
in section 118, the definition of “document”;
this section;
section 121; and
section 122,
has effect in relation to any other provision of this Act, it extends to any place to which that provision extends.
P1121 Commencement.
1
This Act, except section 120 above, this section and section 122 below, shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions and for different purposes.
2
Different days may be appointed under this section for the coming into force of section 60 above in different areas.
3
When an order under this section provides by virtue of subsection (2) above that section 60 above shall come into force in an area specified in the order, the duty imposed on the Secretary of State by that section shall be construed as a duty to make an order under it in relation to interviews in that area.
4
An order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into operation.
122 Short title.
This Act may be cited as the Police and Criminal Evidence Act 1984.
Pt. XI incorporated (E.W.S.) (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52