Schedule 5Tri-service serious crime unit
Police and Criminal Evidence Act 1984 (c.60)
1
(1)
Section 63A of the Police and Criminal Evidence Act 1984 (fingerprints and samples: supplementary provision) is amended as follows.
(2)
In subsection (1A)—
(a)
“(ba)
the tri-service serious crime unit;”;
(b)
in paragraph (d), for “(c)” substitute “(ba)”.
(3)
“(1BA)
In subsection (1A) “tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.”
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
2
(1)
Article 63A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (fingerprints and samples: supplementary provision) is amended as follows.
(2)
In paragraph (1A)—
(a)
“(ba)
the tri-service serious crime unit;”;
(b)
in sub-paragraph (c), for “or (b)” substitute “to (ba)”.
(3)
“(1BA)
In paragraph (1A) “tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.”
Criminal Appeal Act 1995 (c. 35)
3
The Criminal Appeal Act 1995 is amended as follows.
4
(1)
Section 19 (power to require appointment of investigating officers) is amended as follows.
(2)
“(2A)
Where the Commission has power to impose a requirement under paragraph (a) of subsection (2) and the public body referred to in that paragraph is mentioned in section 22(4A), that power includes power to impose the requirement on the Provost Marshal for serious crime (instead of the person who is the appropriate person in relation to the public body).”
(3)
“in a body selected by the chief officer which is—
(i)
another police force,
(ii)
a service police force, or
(iii)
the tri-service serious crime unit.”
(4)
In subsection (4A)—
(a)
in the words before paragraph (a), for “a Provost Marshal” substitute “the Provost Marshal of a service police force”;
(b)
in paragraph (a), for the words from “the” to “Marshal” substitute “that service police force”;
(c)
“(b)
a requirement to appoint a person serving in a body selected by the Provost Marshal which is—
(i)
a police force,
(ii)
another service police force, or
(iii)
the tri-service serious crime unit.”
(5)
“(4B)
A requirement under this section imposed on the Provost Marshal for serious crime may be—
(a)
a requirement to appoint a person serving in the tri-service serious crime unit, or
(b)
a requirement to appoint a person serving either in a police force selected by the Provost Marshal or in a service police force selected by the Provost Marshal.”
(6)
“(b)
a requirement to appoint a person serving in a body selected by the appropriate person which is—
(i)
a police force, a service police force or the tri-service serious crime unit, or
(ii)
a public body (not falling within sub-paragraph (i)) having functions which consist of or include the investigation of offences.”
(7)
In subsection (6)—
(a)
in paragraph (b), for the words from “a police” to “body” substitute “a body mentioned in subsection (4)(b), (4A)(b), (4B)(b) or (5)(b)”;
(b)
in the words after paragraph (b), after “(4A)” insert “, (4B)”.
(8)
In subsection (7)—
(a)
in the words before paragraph (a), after “body” insert “or by the Provost Marshal for serious crime”;
(b)
in paragraph (a), after “body” insert “or (as the case requires) the Provost Marshal for serious crime”.
(9)
“(8)
In this section “tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.”
5
“(2A)
In the application of subsection (2) in relation to an investigating officer who is serving in a public body mentioned in section 22(4A), the reference in subsection (2) to the person who is the appropriate person in relation to that public body is to be read as including (so far as necessary) a reference to the Provost Marshal for serious crime.”
Police Act 1997 (c. 50)
6
The Police Act 1997 is amended as follows.
7
(1)
Section 93 (authorisation to interfere with property etc) is amended as follows.
(2)
“(aaa)
if the authorising officer is within subsection (5)(eda), by a member of the tri-service serious crime unit;”.
(3)
“(eda)
the Provost Marshal for serious crime;”.
(4)
In subsection (6A), in the words before paragraph (a), for “or (ed)” substitute “, (ed) or (eda)”.
8
“(dca)
where the authorising officer is within paragraph (eda) of that subsection, by a person holding the position of deputy Provost Marshal in the tri-service serious crime unit;”.
9
““tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006;”.
10
“(ba)
the tri-service serious crime unit (and for this purpose a reference to the chief officer of a police force must be taken to be a reference to the Provost Marshal for serious crime);”.
11
““tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.”
Terrorism Act 2000 (c. 11)
12
“and references to a police force are to be read as including the tri-service serious crime unit (as described in section 375(1A) of the Armed Forces Act 2006);”.
Regulation of Investigatory Powers Act 2000 (c. 23)
13
The Regulation of Investigatory Powers Act 2000 is amended as follows.
14
“(ia)
the Provost Marshal for serious crime;”.
15
(1)
Section 33 (rules for grant of authorisations) is amended as follows.
(2)
“(1ZZA)
A person who is a designated person for the purposes of section 28, 29 or 29B by reference to the person’s office, rank or position with the tri-service serious crime unit must not grant an authorisation under that section except on an application made by a member of that unit.”
(3)
“(3ZZA)
The Provost Marshal for serious crime must not grant an authorisation for the carrying out of intrusive surveillance except—
(a)
on an application made by a member of the tri-service serious crime unit; and
(b)
in the case of an authorisation for the carrying out of intrusive surveillance in relation to any residential premises, where those premises are in the area of operation of a police force mentioned in subsection (6)(d).”
16
(1)
Section 34 (grant of authorisations in the senior officer’s absence) is amended as follows.
(2)
In subsection (1)(a), for “force,” substitute “force (other than a member of the tri-service serious crime unit), a member of the tri-service serious crime unit,”.
(3)
In subsection (2)(a), after “as the case may be, as” insert “Provost Marshal for serious crime or”.
(4)
“(ha)
a person is entitled to act for the Provost Marshal for serious crime if the person holds the position of deputy Provost Marshal in the tri-service serious crime unit;”.
17
(1)
Section 35 (notification of authorisations for intrusive surveillance) is amended as follows.
(2)
In subsection (1), after “police,” insert “tri-service serious crime unit,”.
(3)
In subsection (10)—
(a)
in the words before paragraph (a), after “police,” insert “tri-service serious crime unit,”;
(b)
“(aa)
the Provost Marshal for serious crime;”;
(c)
in paragraph (c), after “(a)” insert “or for a person falling within paragraph (aa)”.
18
(1)
Section 36 (approval required for authorisations to take effect) is amended as follows.
(2)
“(aa)
a member of the tri-service serious crime unit;”.
(3)
In subsection (6)—
(a)
“(aa)
where the authorisation was granted by the Provost Marshal for serious crime or a person entitled to act for the Provost Marshal for serious crime by virtue of section 34(4)(ha), that Provost Marshal;”;
(b)
in paragraph (f), for “(a) to (i)” substitute “(a) to (h) or (i)”.
19
In section 41 (Secretary of State authorisations), in subsection (7), at the end insert “or is a member of the tri-service serious crime unit”.
20
“(ha)
the Provost Marshal for serious crime;”.
21
(1)
Section 81 (general interpretation) is amended as follows.
(2)
““tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006;”.
(3)
“serving—
(i)
with that force,
(ii)
with another of those police forces, or
(iii)
with the tri-service serious crime unit.”
22
“A1A
The tri-service serious crime unit.”
Sexual Offences Act 2003 (c. 42)
23
““Provost Marshal” means the Provost Marshal of a service police force or the Provost Marshal for serious crime;”.
Armed Forces Act 2006 (c. 52)
24
AFA 2006 is amended as follows.
25
(1)
Section 93C (preliminary impairment test) is amended as follows.
(2)
“means—
(a)
the Provost Marshals of each of the service police forces, and
(b)
the Provost Marshal for serious crime.”
(3)
In subsection (6), at the end insert “or the Provost Marshal for serious crime”.
26
In section 113 (CO to ensure service police aware of possibility serious offence committed), in subsection (1), after “police force” insert “or the tri-service serious crime unit”.
27
In section 114 (CO to ensure service police aware of certain circumstances), in subsection (1), after “police force” insert “or the tri-service serious crime unit”.
28
In section 115 (duty of CO with respect to investigation of service offences), in subsections (1)(b) and (4)(b), after “police force” insert “or the tri-service serious crime unit”.
29
In section 116 (referral of case following investigation by service or civilian police), in subsection (1), after “service police force” (in each place it occurs) insert “or the tri-service serious crime unit”.
30
In section 119 (circumstances in which CO has power to charge etc), in subsection (3)(b), after “force” insert “or the tri-service serious crime unit”.
31
“(5)
For the purposes of this section the tri-service serious crime unit is to be regarded as a service police force.”
32
““tri-service serious crime unit” means the unit described in section 375(1A);”.
Counter-Terrorism Act 2008 (c. 28)
33
In section 18E of the Counter-Terrorism Act 2008 (sections 18 to 18E: supplementary provisions) subsection (1) is amended as follows.
34
- “(aa)
the tri-service serious crime unit,”.
35
- “(da)
in relation to material obtained or acquired by the tri-service serious crime unit, the Provost Marshal for serious crime;”.
36
““tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.”
Coroners and Justice Act 2009 (c. 25)
37
The Coroners and Justice Act 2009 is amended as follows.
38
In section 47 (interested person), in subsection (2)(j), at the end insert “of a service police force or of the tri-service serious crime unit”.
39
““tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.”
40
In Schedule 1 (duty or power to suspend investigations), in paragraph 1(3), after “Provost Marshal” insert “of a service police force, the Provost Marshal for serious crime”.
41
In Schedule 7 (allowances, fees and expenses), in paragraph 5(2)(a), for “or a member of a police force,” substitute “member of a police force or member of the tri-service serious crime unit,”.
Terrorism Prevention and Investigation Measures Act 2011 (c. 23)
42
In Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (fingerprints and samples), in paragraph 14—
(a)
“and references to a police force are to be read as including the tri-service serious crime unit;”;
(b)
““tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.”
Investigatory Powers Act 2016 (c. 25)
43
The Investigatory Powers Act 2016 is amended as follows.
44
In section 56 (exclusion of matters from legal proceedings etc), in subsection (3)(d), at the end insert “or the tri-service serious crime unit”.
45
In section 57 (duty not to make unauthorised disclosures), in subsection (3)(c), at the end insert “or the tri-service serious crime unit”.
46
““tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006,”.
47
“Tri-service serious crime unit
60A(7)(a), (b), (c) and (e)
Lieutenant Commander
Entity data
61(7)(a) and (c)
61A(7)(a) and (c)
Major
Entity data
61(7)(a) and (c)
61A(7)(a) and (c)
Squadron leader
Entity data
61(7)(a) and (c)
61A(7)(a) and (c)
Commander
All
61(7)(a) and (c)
61A(7)(a) and (c)
Lieutenant colonel
All
61(7)(a) and (c)
61A(7)(a) and (c)
Wing commander
All
61(7)(a) and (c)
61A(7)(a) and (c)”.
48
“The Provost Marshal for serious crime.
A person holding the position of deputy Provost Marshal in the tri-service serious crime unit.
A member of the tri-service serious crime unit.”
Data Protection Act 2018 (c. 12)
49
“15A
The Provost Marshal for serious crime.”
Counter-Terrorism and Border Security Act 2019 (c. 3)
50
In Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border security), in paragraph 51—
(a)
“and references to a police force are to be read as including the tri-service serious crime unit;”;
(b)
““tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.”
Crime (Overseas Production Orders) Act 2019 (c. 5)
51
(1)
Section 15 of the Crime (Overseas Production Orders) Act 2019 (application of Act to service police) is amended as follows.
(2)
“(c)
references to an equivalent appropriate officer are to be read as follows—
(i)
where the person who applied for the order or, as the case may be, made the application (“the applicant”) was a member of the tri-service serious crime unit, as references to a member of that unit;
(ii)
in any other case, as references to a member of the same service police force as the applicant who is not a member of that unit.”
(3)
““tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.”
Overseas Operations (Service Personnel and Veterans) Act 2021 (c. 23)
52
In section 7 of the Overseas Operations (Service Personnel and Veterans) Act 2021 (general interpretation etc), in subsection (4)—
(a)
- “(aa)
the tri-service serious crime unit,”;
(b)
““tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006;”.