The Police and Criminal Evidence Act 1984 (Codes of Practice) (Armed Forces) Order 1997

Statutory Instruments

1997 No. 17

DEFENCE

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Armed Forces) Order 1997

Made

8th January 1997

Laid before Parliament

9th January 1997

Coming into force

1st February 1997

Whereas in pursuance of section 113(3) of the Police and Criminal Evidence Act 1984(1) (“the 1984 Act”) the Secretary of State issued codes of practice(2) for persons other than police officers who are concerned with enquiries into offences under the Army Act 1955(3), the Air Force Act 1955(4) or the Naval Discipline Act 1957(5);

And whereas by section 113(7) of the 1984 Act the Secretary of State may revise the whole or part of such a code of practice and issue a revised code;

And whereas in pursuance of section 113(5) of the 1984 Act the Secretary of State on 13th December 1996 laid three revised codes 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 makes the following Order:

Citation and commencement

1.—(1) This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Armed Forces) Order 1997 and shall come into force on 1st February 1997.

(2) In this Order “the service discipline Acts” means the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957.

Codes of practice

2.  The following revised codes of practice—

(a) the Code of Practice for the Treatment and Questioning of Persons by the Service Police;

(b) the Code of Practice for the Identification of Persons Suspected of Offences under the Service Discipline Acts;

(c) the Code of Practice for the Tape Recording of Service Police Interviews with Suspects;

for persons other than police officers who are concerned with enquiries into offences under the service discipline Acts, shall come into operation on 1st February 1997.

Revocation

3.  The Police and Criminal Evidence Act 1984 Codes of Practice (Armed Forces) Order 1986(6)and the Police and Criminal Evidence Act 1984 Codes of Practice (Armed Forces) Order 1989(7) are revoked.

James Arbuthnot

Minister of State, Ministry of Defence

8th January 1997

Explanatory Note

(This note is not part of the Order)

This Order appoints 1st February 1997 as the date on which revised codes of practice issued under section 113(3) of the Police and Criminal Evidence Act 1984 will come into operation.

The revised codes of practice are—

(a) Code of Practice for the Treatment and Questioning of Persons by the Service Police;

(b) Code of Practice for the Identification of Persons Suspected of Offences under the Service Discipline Acts;

(c) Code of Practice for the Tape Recording of Service Police Interviews with Suspects.

This Order revokes the Police and Criminal Evidence Act 1984 Codes of Practice (Armed Forces) Order 1986 and the Police and Criminal Evidence Act 1984 Codes of Practice (Armed Forces) Order 1989 which brought into operation the previous codes.

As required by section 113(5) of the 1984 Act, drafts of the codes were laid before both Houses of Parliament on 13th December 1996.

(1)

1984 c. 60.

(2)

The codes of practice were brought into operation by S.I. 1986/307 and S.I. 1989/2128.

(3)

1955 c. 18.

(4)

1955 c. 19.

(5)

1957 c. 53.

(6)

S.I. 1986/307.

(7)

S.I. 1989/2128.