The Police and Criminal Evidence Act 1984 (Codes of Practice) (Statutory Powers of Stop and Search) Order 2002

Statutory Instruments

2002 No. 3075

POLICE

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Statutory Powers of Stop and Search) Order 2002

Approved in both Houses of Parliament

Made

11th November 2002

Laid before Parliament

13th November 2002

Coming into force

1st April 2003

Whereas the Secretary of State—

(1) has, in pursuance of section 66(1)(a) of the Police and Criminal Evidence Act 1984(1) (“the Act”), issued a code of practice(2) in connection with the exercise by police officers of statutory powers to search a person without first arresting him and to search a vehicle without first making an arrest;

(2) may under section 67(7) of the Act, revise the whole or any part of the code and issue a revised code, and has done so on two previous occasions(3);

(3) has, in accordance with section 67(1) of the Act, prepared and published a draft code of practice in connection with the said matter and has considered representations made to him thereon and modified the draft code of practice accordingly;

(4) has, in pursuance of section 67(3) of the Act, laid a draft of the code of practice before both Houses of Parliament;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 67(4) of the Act, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Statutory Powers of Stop and Search) Order 2002 and shall come into force on 1st April 2003.

Statutory powers of stop and search

2.  The code of practice laid in draft before Parliament on 7th November 2002 in connection with the matters referred to in section 66(1)(a) of the Act shall come into operation on 1st April 2003.

John Denham

Minister of State

Home Office

11th November 2002

Explanatory Note

(This is not part of the Order)

This Order appoints 1st April 2003 as the date on which a revised code of practice under section 66(1)(a) of the Police and Criminal Evidence Act 1984 will come into operation. It supersedes the revised code which has been in operation since 1st March 1999.

When the Order is in operation, it will apply in England and Wales to the exercise by police officers of statutory powers to search persons and vehicles without first making an arrest.

The code of practice will be published by The Stationery Office; copies may be obtained from its bookshops.

(1)

1984 c. 60; subsection (1) of section 66 was numbered as such by virtue of the Criminal Justice and Court Services Act 2000 (c. 43), section 57(1), (4).

(2)

The code of practice was brought into force by S.I. 1995/450.

(3)

The revised codes of practice were brought into operation by S.I. 1997/1159 and 1999/291.