The Police and Criminal Evidence Act 1984 (Codes of Practice) (Modifications to Code C and Code D) (Certain Police Areas) (Amendment) Order 2002

Statutory Instruments

2002 No. 1863

POLICE

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Modifications to Code C and Code D) (Certain Police Areas) (Amendment) Order 2002

Made

18th July 2002

Laid before Parliament

22nd July 2002

Coming into force

2nd September 2002

In exercise of the powers conferred on him by section 67(7A) of the Police and Criminal Evidence Act 1984(1), the Secretary of State hereby makes the following Order:

1.  This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Modifications to Code C and Code D) (Certain Police Areas) (Amendment) Order 2002 and shall come into force on 2nd September 2002.

2.  Article 3 of the Police and Criminal Evidence Act 1984 (Codes of Practice) (Modifications to Code C and Code D) (Certain Police Areas) Order 2002(2), is amended as follows:

(a) in paragraph (h) after “Staffordshire;” delete “and”; and

(b) after paragraph (i), insert—

“(j) Avon and Somerset;

(k) Greater Manchester;

(l) Thames Valley; and

(m) West Yorkshire.”.

Bob Ainsworth

Parliamentary Under-Secretary of State

Home Office

18th July 2002

Explanatory Note

(This note is not part of the Order)

Section 63B of the Police and Criminal Evidence Act 1984 gives police officers a new power to undertake tests for the presence of specified Class A drugs in relation to certain persons in police detention. Section 66(2) of the 1984 Act provides that codes in connection with those powers must be in place before the powers are exercised.

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Modifications to Code C and Code D) (Certain Police Areas) Order 2002 put such code provisions in place in respect of the police areas listed in that Order. In those areas the drug testing provisions are being piloted.

This Order amends the existing Order by adding four further police areas to the list of those areas in which the modified codes apply.

(1)

1984 c. 60; section 67(7A) was inserted by section 77 of the Criminal Justice and Police Act 2001 (c. 16).

(2)

S.I. 2002/1150.