The Police and Criminal Evidence Act 1984 Codes of Practice (Armed Forces) Order 1989

Statutory Instruments

1989 No. 2128

DEFENCE

The Police and Criminal Evidence Act 1984 Codes of Practice (Armed Forces) Order 1989

Made

17th November 1989

Laid before Parliament

21st November 1989

Coming into force

1st January 1990

Whereas–

(1) in pursuance of section 113(3) of the Police and Criminal Evidence Act 1984(1) (“the 1984 Act”) the Secretary of State is under a duty to issue a code of practice, or a number of such codes, for persons other than police officers who are concerned with enquiries into offences under the Army Act 1955(2), the Air Force Act 1955(3) or the Naval Discipline Act 1957(4);

(2) by section 113(4)(a) of the 1984 Act a code issued under the previous subsection may contain provisions, in connection with enquiries into such offences, as to the tape-recording of interviews;

(3) in pursuance of section 113(5) of the 1984 Act the Secretary of State has laid such a code of practice before both Houses of Parliament;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 113(5) of the 1984 Act, hereby orders as follows:–

Citation and commencement

1.  This Order may be cited as the Police and Criminal Evidence Act 1984 Codes of Practice (Armed Forces) Order 1989 and shall come into force on 1st January 1990.

Code of Practice

2.  The code of practice which was laid in draft before both Houses of Parliament on 19th October 1989 in connection with the matters referred to in section 113(3) and (4)(a) of the Police and Criminal Evidence Act 1984 shall come into force on 1st January 1990.

Tom King

One of Her Majesty’s Principal Secretaries of State

Dated this 17th day November 1989

Explanatory Note

(This note is not part of the Order)

This Order appoints 1st January 1990 as the date on which a code of practice made under section 113(3) and (4)(a) of the Police and Criminal Evidence Act 1984 will come into force.

As required by s.113(5) of that Act, a draft of the code (which concerns the tape-recording of interviews) has been laid before both Houses of Parliament, and this was done on 19th October 1989.

Other codes of practice, made under section 113(3) of that Act, were brought into force by the Police and Criminal Evidence Act 1984 Codes of Practice (Armed Forces) Order 1986 (S.I. 1986/307).

(1)

1984 c. 60.

(2)

1955 c. 18.

(3)

1955 c. 19.

(4)

1957 c. 53.