Costa Rica - Agricultural Credit and Development Project
A constable may exercise any power conferred by this section—
in any place to which at the time when he proposes to exercise the power the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission; or
in any other place to which people have ready access at the time when he proposes to exercise the power but which is not a dwelling.
Subject to subsection (3) to (5) below, a constable—
may search— for stolen or prohibited articles , any article to which subsection (8A) below applies , any substance to which subsection (8AA) below applies or any firework to which subsection (8B) below applies; and
any person or vehicle;
anything which is in or on a vehicle,
may detain a person or vehicle for the purpose of such a search.
This section does not give a constable power to search a person or vehicle or anything in or on a vehicle unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles , any article to which subsection (8A) below applies , any substance to which subsection (8AA) below applies or any firework to which subsection (8B) below applies.
If a person is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search him in the exercise of the power conferred by this section unless the constable has reasonable grounds for believing—
that he does not reside in the dwelling; and
that he is not in the place in question with the express or implied permission of a person who resides in the dwelling.
If a vehicle is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search the vehicle or anything in or on it in the exercise of the power conferred by this section unless he has reasonable grounds for believing—
that the person in charge of the vehicle does not reside in the dwelling; and
that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling.
If in the course of such a search a constable discovers an article which he has reasonable grounds for suspecting to be a stolen or prohibited article , an article to which subsection (8A) below applies , a substance to which subsection (8AA) below applies or a firework to which subsection (8B) below applies, he may seize it.
An article is prohibited for the purposes of this Part of this Act if it is—
an offensive weapon; or
an article—
made or adapted for use in the course of or in connection with an offence to which this sub-paragraph applies; or
intended by the person having it with him for such use by him or by some other person.
The offences to which subsection (7)(b)(i) above applies are—
burglary;
theft;
offences under section 12 of the Theft Act 1968 (taking motor vehicle or other conveyance without authority); . . .
fraud (contrary to section 1 of the Fraud Act 2006); ...
offences under section 1 of the Criminal Damage Act 1971 (destroying or damaging property);
an offence under section 137 of the Highways Act 1980 (wilful obstruction) involving activity which causes or is capable of causing serious disruption to two or more individuals or to an organisation;
an offence under section 78 of the Police, Crime, Sentencing and Courts Act 2022 (intentionally or recklessly causing public nuisance);
an offence under section 1 of the Public Order Act 2023 (offence of locking on);
an offence under section 3 of that Act (offence of causing serious disruption by tunnelling);
an offence under section 4 of that Act (offence of causing serious disruption by being present in a tunnel);
an offence under section 6 of that Act (obstruction etc of major transport works); and
an offence under section 7 of that Act (interference with use or operation of key national infrastructure).
In this Part of this Act “offensive weapon” means any article—
made or adapted for use for causing injury to persons; or
intended by the person having it with him for such use by him or by some other person.
This subsection applies to any article in relation to which a person has committed, or is committing or is going to commit an offence under section 139 or 139AA of the Criminal Justice Act 1988.
This subsection applies to any substance in relation to which a person has committed, or is committing or is going to commit an offence under section 6 of the Offensive Weapons Act 2019 (offence of having a corrosive substance in a public place).
In this section references to such a substance include an article which contains such a substance.
This subsection applies to any firework which a person possesses in contravention of a prohibition imposed by fireworks regulations.
In this section—
“firework” shall be construed in accordance with the definition of “fireworks” in section 1(1) of the Fireworks Act 2003; and
“fireworks regulations” has the same meaning as in that Act.
of the power conferred by section 1 above; or
of any other power—
to search a person without first arresting him; or
to search a vehicle without making an arrest,
In section 63B—
“misuse” has the same meaning as in the Misuse of Drugs Act 1971;
“specified controlled drug” means a controlled drug (within the meaning of the Misuse of Drugs Act 1971) specified in regulations made by the Secretary of State by statutory instrument;
“trigger offence” means an offence specified in Schedule 2B.
that no search is required; or
that a search is impracticable.
of the power conferred by section 1 above; or
of any other power, except the power conferred by section 6 below and the power conferred by section 27(2) of the Aviation Security Act 1982—
to search a person without first arresting him; or
to search a vehicle without making an arrest,
if the constable is not in uniform, documentary evidence that he is a constable; and
whether he is in uniform or not, the matters specified in subsection (3) below;
The matters referred to in subsection (2)(ii) above are—
the constable’s name and the name of the police station to which he is attached;
the object of the proposed search;
the constable’s grounds for proposing to make it; and
the effect of section 3(7) or (8) below, as may be appropriate.
A constable need not bring the effect of section 3(7) or (8) below to the attention of the appropriate person if it appears to the constable that it will not be practicable to make the record in section 3(1) below.
In this section “the appropriate person” means—
if the constable proposes to search a person, that person; and
if he proposes to search a vehicle, or anything in or on a vehicle, the person in charge of the vehicle.
On completing a search of an unattended vehicle or anything in or on such a vehicle in the exercise of any such power as is mentioned in subsection (2) above a constable shall leave a notice—
stating that he has searched it;
giving the name of the police station to which he is attached;
stating that an application for compensation for any damage caused by the search may be made to that police station; and
stating the effect of section 3(8) below.
The constable shall leave the notice inside the vehicle unless it is not reasonably practicable to do so without damaging the vehicle.
The time for which a person or vehicle may be detained for the purposes of such a search is such time as is reasonably required to permit a search to be carried out either at the place where the person or vehicle was first detained or nearby.
Neither the power conferred by section 1 above nor any other power to detain and search a person without first arresting him or to detain and search a vehicle without making an arrest is to be construed—
as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves; or
as authorising a constable not in uniform to stop a vehicle.
This section and section 1 above apply to vessels, aircraft and hovercraft as they apply to vehicles.
Where a constable has carried out a search in the exercise of any such power as is mentioned in section 2(1) above, other than a search—
under section 6 below; or
under section 27(2) of the Aviation Security Act 1982, a record of the search shall be made in writing unless it is not practicable to do so.
If a record of a search is required to be made by subsection (1) above—
in a case where the search results in a person being arrested and taken to a police station, the constable shall secure that the record is made as part of the person's custody record;
in any other case, the constable shall make the record on the spot, or, if that is not practicable, as soon as practicable after the completion of the search.
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The record of a search of a person or a vehicle—
shall state—
the object of the search;
the grounds for making it;
the date and time when it was made;
the place where it was made;
except in the case of a search of an unattended vehicle, the ethnic origins of the person searched or the person in charge of the vehicle searched (as the case may be); and;
whether any, and if so what, injury to a person or damage to property appears to the constable to have resulted from the search ; and
shall identify the constable who carried out the search.
If a record of a search of a person has been made under this section, the person who was searched shall be entitled to a copy of the record if he asks for one before the end of the period specified in subsection (9) below.
The requirement in subsection (6)(a)(v) above for a record to state a person's ethnic origins is a requirement to state—
the ethnic origins of the person as described by the person, and
if different, the ethnic origins of the person as perceived by the constable.
If— the person who made the request shall be entitled to a copy.
the owner of a vehicle which has been searched or the person who was in charge of the vehicle at the time when it was searched asked for a copy of the record of the search before the end of the period specified in subsection (9) below; and
a record of the search of the vehicle has been made under this section,
The period mentioned in subsections (7) and (8) above is the period of 3 months beginning with the date on which the search was made.
The requirements imposed by this section with regard to records of searches of vehicles shall apply also to records of searches of vessels, aircraft and hovercraft.
This section shall have effect in relation to the conduct of road checks by police officers for the purpose of ascertaining whether a vehicle is carrying—
a person who has committed an offence other than a road traffic offence or a vehicle excise offence;
a person who is a witness to such an offence;
a person intending to commit such an offence; or
a person who is unlawfully at large.
For the purposes of this section a road check consists of the exercise in a locality of the power conferred by section 163 of the Road Traffic Act 1988. in such a way as to stop during the period for which its exercise in that way in that locality continues all vehicles or vehicles selected by any criterion.
Subject to subsection (5) below, there may only be such a road check if a police officer of the rank of superintendent or above authorises it in writing.
An officer may only authorise a road check under subsection (3) above—
for the purpose specified in subsection (1)(a) above, if he has reasonable grounds—
for believing that the offence is an indictable offence ; and
for suspecting that the person is, or is about to be, in the locality in which vehicles would be stopped if the road check were authorised;
for the purpose specified in subsection (1)(b) above, if he has reasonable grounds for believing that the offence is an indictable offence ;
for the purpose specified in subsection (1)(c) above, if he has reasonable grounds—
for believing that the offence would be an indictable offence ; and
for suspecting that the person is, or is about to be, in the locality in which vehicles would be stopped if the road check were authorised;
for the purpose specified in subsection (1)(d) above, if he has reasonable grounds for suspecting that the person is, or is about to be, in that locality.
An officer below the rank of superintendent may authorise such a road check if it appears to him that it is required as a matter of urgency for one of the purposes specified in subsection (1) above.
If an authorisation is given under subsection (5) above, it shall be the duty of the officer who gives it—
to make a written record of the time at which he gives it; and
to cause an officer of the rank of superintendent or above to be informed that it has been given.
The duties imposed by subsection (6) above shall be performed as soon as it is practicable to do so.
An officer to whom a report is made under subsection (6) above may, in writing, authorise the road check to continue.
If such an officer considers that the road check should not continue, he shall record in writing—
the fact that it took place; and
the purpose for which it took place.
An officer giving an authorisation under this section shall specify the locality in which vehicles are to be stopped.
An officer giving an authorisation under this section, other than an authorisation under subsection (5) above—
shall specify a period, not exceeding seven days, during which the road check may continue; and
may direct that the road check— during that period.
shall be continuous; or
shall be conducted at specified times,
If it appears to an officer of the rank of superintendent or above that a road check ought to continue beyond the period for which it has been authorised he may, from time to time, in writing specify a further period, not exceeding seven days, during which it may continue.
Every written authorisation shall specify—
the name of the officer giving it;
the purpose of the road check; and
the locality in which vehicles are to be stopped.
The duties to specify the purposes of a road check imposed by subsections (9) and (13) above include duties to specify any relevant indictable offence .
Where a vehicle is stopped in a road check, the person in charge of the vehicle at the time when it is stopped shall be entitled to obtain a written statement of the purpose of the road check if he applies for such a statement not later than the end of the period of twelve months from the day on which the vehicle was stopped.
Nothing in this section affects the exercise by police officers of any power to stop vehicles for purposes other than those specified in subsection (1) above.
a swab taken from any part of a person's genitals (including pubic hair) or from a person's body orifice other than the mouth;
under section 22 of the Police Act 1996; or
made by the Commissioner of Police of the Metropolis,
“labour market offence” has the same meaning as in Part 5 of that Act (see section 151(1) of that Act).
about searches recorded under section 3 above which have been carried out in the area to which the report relates during the period to which it relates; and
that the name of the relevant person is unknown to, and
the time 24 hours after he leaves the place where he is detained in the first area; or
“appropriate adult”, in relation to a vulnerable adult, means—
a report concerning the conduct of an officer who is not a senior officer which is submitted to him under section 85(9) above ; or
a copy of the complaint or of the record of the complaint; and
the application is dismissed or abandoned; or
The Secretary of State may by order made by statutory instrument amend—
paragraph (a) of subsection (3) above, by substituting for the age for the time being specified a different age specified in the order, or different ages so specified for different police areas so specified;
paragraph (b) of that subsection, by substituting for the age for the time being specified a different age specified in the order.
a copy of a report concerning the conduct of such an officer which is sent to him under section 89(6) above
a copy of the report of the investigation.
he has complied with an order under paragraph 4 above made on the application.
A statutory instrument containing an order under subsection (6A) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Information obtained from a sample taken under this section may be disclosed—
for the purpose of informing any decision about granting bail in criminal proceedings (within the meaning of the Bail Act 1976) to the person concerned;
for the purpose of informing any decision about the giving of a conditional caution under Part 3 of the Criminal Justice Act 2003 or a youth conditional caution under Chapter 1 of Part 4 of the Crime and Disorder Act 1998 to the person concerned;
where the person concerned is in police detention or is remanded in or committed to custody by an order of a court or has been granted such bail, for the purpose of informing any decision about his supervision;
where the person concerned is convicted of an offence, for the purpose of informing any decision about the appropriate sentence to be passed by a court and any decision about his supervision or release;
for the purpose of an assessment which the person concerned is required to attend by virtue of section 9(2) or 10(2) of the Drugs Act 2005;
for the purpose of proceedings against the person concerned for an offence under section 12(3) or 14(3) of that Act;
for the purpose of ensuring that appropriate advice and treatment is made available to the person concerned.
A person who fails without good cause to give any sample which may be taken from him under this section shall be guilty of an offence.
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In this section—
about road checks authorised in that area during that period under section 4 above.
the time at which he arrives at the first police station to which he is taken in the second area,
on bail, if the pre-conditions for bail are satisfied, or
without bail, if those pre-conditions are not satisfied,
The information about searches shall not include information about specific searches but shall include—
the total numbers of searches in each month during the period to which the report relates—
for stolen articles;
for offensive weapons or articles to which section 1(8A) above applies; and
for other prohibited articles;
the total number of persons arrested in each such month in consequence of searches of each of the descriptions specified in paragraph (a)(i) to (iii) above.
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The information about road checks shall include information—
about the reason for authorising each road check; and
about the result of each of them.
A constable employed by statutory undertakers may stop, detain and search any vehicle before it leaves a goods area included in the premises of the statutory undertakers.
In this section “goods area” means any area used wholly or mainly for the storage or handling of goods ; and “successor of the British Railways Board” and “relevant undertaking” have the same meaning as in the Railways Act 1993 (Consequential Modifications) Order 1999.
Without prejudice to any powers under subsection (1) above, a constable employed by the British Transport Police Authority may stop, detain and search any vehicle before it leaves a goods area which is included in the premises of any successor of the British Railways Board and is used wholly or mainly for the purposes of a relevant undertaking.
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The following enactments shall cease to have effect—
section 8 of the Vagrancy Act 1824;
section 66 of the Metropolitan Police Act 1839;
section 11 of the Canals (Offences) Act 1840;
section 19 of the Pedlars Act 1871;
section 33 of the County of Merseyside Act 1980; and
section 42 of the West Midlands County Council Act 1980.
There shall also cease to have effect—
so much of any enactment contained in an Act passed before 1974, other than— as confers power on a constable to search for stolen or unlawfully obtained goods; and
an enactment contained in public general Act; or
an enactment relating to statutory undertakers,
so much of any enactment relating to statutory undertakers as provides that such a power shall not be exercisable after the end of a specified period.
In this Part of this Act “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, road transport, water transport, canal, inland navigation, dock or harbour undertaking.
If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing— he may issue a warrant authorising a constable to enter and search the premises in relation to each set of premises specified in the application .
that an indictable offence has been committed; and
that there is material on premises mentioned in subsection (1A) below which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and
that the material is likely to be relevant evidence; and
that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and
that any of the conditions specified in subsection (3) below applies,
A constable may seize and retain anything for which a search has been authorised under subsection (1) above.
The premises referred to in subsection (1)(b) above are—
one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”); or
any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).
The conditions mentioned in subsection (1)(e) above are—
that it is not practicable to communicate with any person entitled to grant entry to the premises;
that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;
that entry to the premises will not be granted unless a warrant is produced;
that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.
If the application is for an all premises warrant, the justice of the peace must also be satisfied—
that because of the particulars of the offence referred to in paragraph (a) of subsection (1) above, there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in paragraph (b) of that subsection; and
that it is not reasonably practicable to specify in the application all the premises which he occupies or controls and which might need to be searched.
In this Act “relevant evidence”, in relation to an offence, means anything that would be admissible in evidence at a trial for the offence.
The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which he issues the warrant.
The power to issue a warrant conferred by this section is in addition to any such power otherwise conferred.
If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.
This section applies in relation to a relevant offence (as defined in section 28D(4) of the Immigration Act 1971) as it applies in relation to an indictable offence.
Section 4 of the Summary Jurisdiction (Process) Act 1881 (execution of process of English courts in Scotland) shall apply to a warrant issued on the application of an officer of Revenue and Customs under this section by virtue of section 114 below.
A constable may obtain access to excluded material or special procedure material for the purposes of a criminal investigation by making an application under Schedule 1 below and in accordance with that Schedule.
Any Act (including a local Act) passed before this Act under which a search of premises for the purposes of a criminal investigation could be authorised by the issue of a warrant to a constable shall cease to have effect so far as it relates to the authorisation of searches—
for items subject to legal privilege; or
for excluded material; or
for special procedure material consisting of documents or records other than documents.
Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24) (which includes provision for the execution of process of English courts in Scotland) and section 29 of the Petty Sessions (Ireland) Act 1851 (c. 93) (which makes equivalent provision for execution in Northern Ireland) shall each apply to any process issued by a circuit judge under Schedule 1 to this Act as it applies to process issued by a magistrates’ court under the Magistrates’ Courts Act 1980 (c. 43).
Subject to subsection (2) below, in this Act “items subject to legal privilege” means— when they are in the possession of a person who is entitled to possession of them.
communications between a professional legal adviser and his client or any person representing his client made in connection with the giving of legal advice to the client;
communications between a professional legal adviser and his client or any person representing his client or between such an adviser or his client or any such representative and any other person made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; and
items enclosed with or referred to in such communications and made—
in connection with the giving of legal advice; or
in connection with or in contemplation of legal proceedings and for the purposes of such proceedings,
Items held with the intention of furthering a criminal purpose are not items subject to legal privilege.
Subject to the following provisions of this section, in this Act “excluded material” means—
personal records which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office and which he holds in confidence;
human tissue or tissue fluid which has been taken for the purposes of diagnosis or medical treatment and which a person holds in confidence;
journalistic material which a person holds in confidence and which consists—
of documents; or
of records other than documents.
A person holds material other than journalistic material in confidence for the purposes of this section if he holds it subject—
to an express or implied undertaking to hold it in confidence; or
to a restriction on disclosure or an obligation of secrecy contained in any enactment, including an enactment contained in an Act passed after this Act.
A person holds journalistic material in confidence for the purposes of this section if—
he holds it subject to such an undertaking, restriction or obligation; and
it has been continuously held (by one or more persons) subject to such an undertaking, restriction or obligation since it was first acquired or created for the purposes of journalism.
In this Part of this Act “personal records” means documentary and other records concerning an individual (whether living or dead) who can be identified from them and relating—
to his physical or mental health;
to spiritual counselling or assistance given or to be given to him; or
to counselling or assistance given or to be given to him, for the purposes of his personal welfare, by any voluntary organisation or by any individual who—
by reason of his office or occupation has responsibilities for his personal welfare; or
by reason of an order of a court has responsibilities for his supervision.
Subject to subsection (2) below, in this Act “journalistic material” means material acquired or created for the purposes of journalism.
Material is only journalistic material for the purposes of this Act if it is in the possession of a person who acquired or created it for the purposes of journalism.
A person who receives material from someone who intends that the recipient shall use it for the purposes of journalism is to be taken to have acquired it for those purposes.
In this Act “special procedure material” means—
material to which subsection (2) below applies; and
journalistic material, other than excluded material.
Subject to the following provisions of this section, this subsection applies to material, other than items subject to legal privilege and excluded material, in the possession of a person who—
acquired or created it in the course of any trade, business, profession or other occupation or for the purpose of any paid or unpaid office; and
holds it subject—
to an express or implied undertaking to hold it in confidence; or
to a restriction or obligation such as is mentioned in section 11(2)(b) above.
Where material is acquired— it is only special procedure material if it was special procedure material immediately before the acquisition.
by an employee from his employer and in the course of his employment; or
by a company from an associated company,
Where material is created by an employee in the course of his employment, it is only special procedure material if it would have been special procedure material had his employer created it.
Where material is created by a company on behalf of an associated company, it is only special procedure material if it would have been special procedure material had the associated company created it.
A company is to be treated as another’s associated company for the purposes of this section if it would be so treated under section 449 of the Corporation Tax Act 2010.
This section and section 16 below have effect in relation to the issue to constables under any enactment, including an enactment contained in an Act passed after this Act, of warrants to enter and search premises; and an entry on or search of premises under a warrant is unlawful unless it complies with this section and section 16 below.
Where a constable applies for any such warrant, it shall be his duty—
to state—
the ground on which he makes the application; . . .
the enactment under which the warrant would be issued; and
if the application is for a warrant authorising entry and search on more than one occasion, the ground on which he applies for such a warrant, and whether he seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired;
to specify the matters set out in subsection (2A) below; and
to identify, so far as is practicable, the articles or persons to be sought.
An application for such a warrant shall be made ex parte and supported by an information in writing.
The matters which must be specified pursuant to subsection (2)(b) above are—
if the application relates to one or more sets of premises specified in the application, each set of premises which it is desired to enter and search;
if the application relates to any premises occupied or controlled by a person specified in the application–
as many sets of premises which it is desired to enter and search as it is reasonably practicable to specify;
the person who is in occupation or control of those premises and any others which it is desired to enter and search;
why it is necessary to search more premises than those specified under sub-paragraph (i); and
why it is not reasonably practicable to specify all the premises which it is desired to enter and search.
The constable shall answer on oath any question that the justice of the peace or judge hearing the application asks him.
A warrant shall authorise an entry on one occasion only unless it specifies that it authorises multiple entries.
A warrant—
shall specify—
the name of the person who applies for it;
the date on which it is issued;
the enactment under which it is issued; and
each set of premises to be searched, or (in the case of an all premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under his occupation or control which can be specified and which are to be searched; and
shall identify, so far as is practicable, the articles or persons to be sought.
Two copies shall be made of a warrant which specifies only one set of premises and does not authorise multiple entries; and as many copies as are reasonably required may be made of any other kind of warrant.
If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum.
The copies shall be clearly certified as copies.
A warrant to enter and search premises may be executed by any constable.
Such a warrant may authorise persons to accompany any constable who is executing it.
Entry and search under a warrant must be within three months from the date of its issue.
A person so authorised has the same powers as the constable whom he accompanies in respect of—
the execution of the warrant, and
the seizure of anything to which the warrant relates.
Entry and search under a warrant must be at a reasonable hour unless it appears to the constable executing it that the purpose of a search may be frustrated on an entry at a reasonable hour.
But he may exercise those powers only in the company, and under the supervision, of a constable.
Where the occupier of premises which are to be entered and searched is present at the time when a constable seeks to execute a warrant to enter and search them, the constable—
shall identify himself to the occupier and, if not in uniform, shall produce to him documentary evidence that he is a constable;
shall produce the warrant to him; and
shall supply him with a copy of it.
Where— subsection (5) above shall have effect as if any reference to the occupier were a reference to that other person.
the occupier of such premises is not present at the time when a constable seeks to execute such a warrant; but
some other person who appears to the constable to be in charge of the premises is present,
If the warrant is an all premises warrant, no premises which are not specified in it may be entered or searched unless a police officer of at least the rank of inspector has in writing authorised them to be entered.
If there is no person who appears to the constable to be in charge of the premises, he shall leave a copy of the warrant in a prominent place on the premises.
No premises may be entered or searched for the second or any subsequent time under a warrant which authorises multiple entries unless a police officer of at least the rank of inspector has in writing authorised that entry to those premises.
A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued.
A constable executing a warrant shall make an endorsement on it stating— and, unless the warrant is a . . . warrant specifying one set of premises only, he shall do so separately in respect of each set of premises entered and searched, which he shall in each case state in the endorsement.
whether the articles or persons sought were found; and
whether any articles were seized, other than articles which were sought
A warrant shall be returned to the appropriate person mentioned in subsection (10A) below—
" intimate search " means a search which consists of the physical examination of a person's body orifices ;
when it has been executed; or
in the case of a specific premises warrant which has not been executed, or an all premises warrant, or any warrant authorising multiple entries, upon the expiry of the period of three months referred to in subsection (3) above or sooner.
if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer ora person employed for, or engaged on, police purposes; and “police purposes” has the meaning given by section 101(2) of the Police Act 1996;
if it was issued by a justice of the peace, to the clerk to the justices for the petty sessions area for which he acts; and
the reason for taking the sample;
if it was issued by a judge, to the appropriate officer of the court from which he issued it.
the fact that authorisation has been given and the provision of this section under which it has been given; and
A warrant which is returned under subsection (10) above shall be retained for 12 months from its return—
by the designated officer for the local justice area , if it was returned under paragraph (i) of that subsection; and
by the appropriate officer, if it was returned under paragraph (ii).
If during the period for which a warrant is to be retained the occupier of premises to which it relates asks to inspect it, he shall be allowed to do so.
The appropriate person is—
if the warrant was issued by a justice of the peace, the designated officer for the local justice area in which the justice was acting when he issued the warrant;
if it was issued by a judge, the appropriate officer of the court from which he issued it.
Subject to the following provisions of this section, and without prejudice to any other enactment, a constable may enter and search any premises for the purpose—
of executing—
a warrant of arrest issued in connection with or arising out of criminal proceedings; or
a warrant of commitment issued under section 76 of the Magistrates’ Courts Act 1980;
of arresting a person for an indictable offence;
of arresting a person for an offence under—
section 1 (prohibition of uniforms in connection with political objects), ... of the Public Order Act 1936;
any enactment contained in sections 6 to 8 or 10 of the Criminal Law Act 1977 (offences relating to entering and remaining on property);
section 4 of the Public Order Act 1986 (fear or provocation of violence);
section 4 (driving etc. when under influence of drink or drugs) or 163 (failure to stop when required to do so by constable in uniform) of the Road Traffic Act 1988;
section 27 of the Transport and Works Act 1992 (which relates to offences involving drink or drugs);
section 76 of the Criminal Justice and Public Order Act 1994 (failure to comply with interim possession order);
any of sections 4, 5, 6(1) and (2), 7 and 8(1) and (2) of the Animal Welfare Act 2006 (offences relating to the prevention of harm to animals);
section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (squatting in a residential building);
of recapturing any person whatever who is unlawfully at large and whom he is pursuing; or
of arresting a person who the constable has reasonable grounds for believing is in breach of a domestic abuse protection notice given under section 22 of the Domestic Abuse Act 2021;
of saving life or limb or preventing serious damage to property.
of arresting, in pursuance of section 32(1A) of the Children and Young Persons Act 1969, any child or young person who has been remanded to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;
of arresting a person for an offence to which section 61 of the Animal Health Act 1981 applies;
of arresting a person under any of the following provisions—
section 30D(1) or (2A);
section 46A(1) or (1A);
section 5B(7) of the Bail Act 1976 (arrest where a person fails to surrender to custody in accordance with a court order);
section 7(3) of the Bail Act 1976 (arrest where a person is not likely to surrender to custody etc);
section 97(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (arrest where a child is suspected of breaking conditions of remand);
of recapturing any person who is, or is deemed for any purpose to be, unlawfully at large while liable to be detained—
in a prison, young offender institution, secure training centre or secure college , or
in pursuance of section 92 of the Powers of Criminal Courts (Sentencing ) Act 2000 or section 260 of the Sentencing Code (dealing with children and young persons guilty of grave crimes), in any other place;
Except for the purpose specified in paragraph (e) of subsection (1) above, the powers of entry and search conferred by this section—
are only exercisable if the constable has reasonable grounds for believing that the person whom he is seeking is on the premises; and
are limited, in relation to premises consisting of two or more separate dwellings, to powers to enter and search—
any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other such dwelling; and
any such dwelling in which the constable has reasonable grounds for believing that the person whom he is seeking may be.
The powers of entry and search conferred by this section are only exercisable for the purposes specified in subsection (1)(c)(ii) , (iv) or (vi) above by a constable in uniform.
The power of search conferred by this section is only a power to search to the extent that is reasonably required for the purpose for which the power of entry is exercised.
Subject to subsection 6 below, all the rules of common law under which a constable has power to enter premises without a warrant are hereby abolished.
Nothing in subsection (5) above affects any power of entry to deal with or prevent a breach of the peace.
Subject to the following provisions of this section, a constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates—
to that offence; or
to some other indictable offence which is connected with or similar to that offence.
A constable may seize and retain anything for which he may search under subsection (1) above.
The power to search conferred by subsection (1) above is only a power to search to the extent that is reasonably required for the purpose of discovering such evidence.
Subject to subsection (5) below, the powers conferred by this section may not be exercised unless an officer of the rank of inspector or above has authorised them in writing.
A constable may conduct a search under subsection (1)— if the condition in subsection (5A) is satisfied.
before the person is taken to a police station or released ... under section 30A, and
without obtaining an authorisation under subsection (4),
If a constable conducts a search by virtue of subsection (5) above, he shall inform an officer of the rank of inspector or above that he has made the search as soon as practicable after he has made it.
The condition is that the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence.
An officer who—
“DNA profile” means any information derived from a DNA sample;
authorises a search; or
an officer authorises the keeping of a person in detention under subsection (1) above; and
to determine whether the report indicates that a criminal offence may have been committed by a member of the police force for his area; and
is informed of a search under subsection (6) above, shall make a record in writing—
of the grounds for the search; and
of the nature of the evidence that was sought.
at the time of the authorisation he has not yet exercised a right conferred on him by section 56 or 58 below,
if he determines that it does, to consider whether the offence indicated is such that the officer ought to be charged with it.
a chief officer of police who believes that the person is in, or is intending to come to, the chief officer's police area.
of the grounds for the search ; and
that the constable has reasonable grounds for doubting whether a name furnished by the relevant person as his name is his real name ;
in the case of a DNA profile, in which the sample from which the DNA profile was derived was taken;
of the nature of the evidence that was sought.
that—
the relevant person has failed to furnish a satisfactory address for service ; or
the constable has reasonable grounds for doubting whether an address furnished by the relevant person is a satisfactory address for service;
that the constable has reasonable grounds for believing that arrest is necessary to prevent the relevant person—
causing physical injury to himself or any other person;
suffering physical injury ;
causing loss of or damage to property ;
committing an offence against public decency ; or
causing an unlawful obstruction of the highway ;
that the constable has reasonable grounds for believing that arrest is necessary to protect a child or other vulnerable person from the relevant person.
If the person who was in occupation or control of the premises at the time of the search is in police detention at the time the record is to be made, the officer shall make the record as part of his custody record.
The powers conferred by subsections (2), (3) and (4) below are exercisable by a constable who is lawfully on any premises.
The constable may seize anything which is on the premises if he has reasonable grounds for believing—
that it has been obtained in consequence of the commission of an offence; and
that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.
The constable may seize anything which is on the premises if he has reasonable grounds for believing—
that it is evidence in relation to an offence which he is investigating or any other offence; and
that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.
The constable may require any information which is stored in any electronic form and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form if he has reasonable grounds for believing—
that—
it is evidence in relation to an offence which he is investigating or any other offence; or
it has been obtained in consequence of the commission of an offence; and
that it is necessary to do so in order to prevent it being concealed, lost, tampered with or destroyed.
The powers conferred by this section are in addition to any power otherwise conferred.
No power of seizure conferred on a constable under any enactment (including an enactment contained in an Act passed after this Act) is to be taken to authorise the seizure of an item which the constable exercising the power has reasonable grounds for believing to be subject to legal privilege.
Every power of seizure which is conferred by an enactment to which this section applies on a constable who has entered premises in the exercise of a power conferred by an enactment shall be construed as including a power to require any information stored in any electronic form contained in a computer and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.
This section applies—
to any enactment contained in an Act passed before this Act;
to sections 8 and 18 above;
to paragraph 13 of Schedule 1 to this Act; and
to any enactment contained in an Act passed after this Act.
A constable who seizes anything in the exercise of a power conferred by any enactment, including an enactment contained in an Act passed after this Act, shall, if so requested by a person showing himself— provide that person with a record of what he seized.
to be the occupier of premises on which it was seized; or
to have had custody or control of it immediately before the seizure,
The officer shall provide the record within a reasonable time from the making of the request for it.
Subject to subsection (8) below, if a request for permission to be granted access to anything which— is made to the officer in charge of the investigation by a person who had custody or control of the thing immediately before it was so seized or by someone acting on behalf of such a person, the officer shall allow the person who made the request access to it under the supervision of a constable.
has been seized by a constable; and
is retained by the police for the purpose of investigating an offence,
Subject to subsection (8) below, if a request for a photograph or copy of any such thing is made to the officer in charge of the investigation by a person who had custody or control of the thing immediately before it was so seized, or by someone acting on behalf of such a person, the officer shall—
allow the person who made the request access to it under the supervision of a constable for the purpose of photographing or copying it; or
photograph or copy it, or cause it to be photographed or copied.
A constable may also photograph or copy, or have photographed or copied, anything which he has power to seize, without a request being made under subsection (4) above.
Where anything is photographed or copied under subsection (4)(b) above, the photograph or copy shall be supplied to the person who made the request.
The photograph or copy shall be so supplied within a reasonable time from the making of the request.
There is no duty under this section to grant access to, or to supply a photograph or copy of, anything if the officer in charge of the investigation for the purposes of which it was seized has reasonable grounds for believing that to do so would prejudice—
that investigation;
the investigation of an offence other than the offence for the purposes of investigating which the thing was seized; or
any criminal proceedings which may be brought as a result of—
the investigation of which he is in charge; or
any such investigation as is mentioned in paragraph (b) above.
The references to a constable in subsections (1), (2), (3)(a) and (5) include a person authorised under section 16(2) to accompany a constable executing a warrant.
The references to a constable in subsections (1) and (2) do not include a constable who has seized a thing under paragraph 19ZE of Schedule 3 to the Police Reform Act 2002.
Subject to subsection (4) below, anything which has been seized by a constable or taken away by a constable following a requirement made by virtue of section 19 or 20 above may be retained so long as is necessary in all the circumstances.
Without prejudice to the generality of subsection (1) above—
anything seized for the purposes of a criminal investigation may be retained, except as provided by subsection (4) below—
for use as evidence at a trial for an offence; or
for forensic examination or for investigation in connection with an offence; and
anything may be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.
Nothing seized on the ground that it may be used— may be retained when the person from whom it was seized is no longer in police detention or the custody of a court or is in the custody of a court but has been released on bail.
to cause physical injury to any person;
to damage property;
to interfere with evidence; or
to assist in escape from police detention or lawful custody,
Nothing may be retained for either of the purposes mentioned in subsection (2)(a) above if a photograph or copy would be sufficient for that purpose.
Nothing in this section affects any power of a court to make an order under section 1 of the Police (Property) Act 1897.
This section also applies to anything retained by the police under section 28H(5) of the Immigration Act 1971.
The reference in subsection (1) to anything seized by a constable includes anything seized by a person authorised under section 16(2) to accompany a constable executing a warrant.
In this Act—
a sample of hair other than pubic hair;
on behalf of a member of the public and with his written consent;
“arrested juvenile” means a person arrested with or without a warrant who appears to be under the age of 18 . . .;
to the circumstances in which leave is sought and in particular to the contents of the statement; and
to any likelihood that the accused will be prejudiced by its admission in the absence of the person who supplied the information on which it is based.
A constable may arrest without a warrant—
anyone who is about to commit an offence;
anyone who is in the act of committing an offence;
anyone whom he has reasonable grounds for suspecting to be about to commit an offence;
anyone whom he has reasonable grounds for suspecting to be committing an offence.
If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.
offences for which a person may be arrested under the customs and excise Acts, as defined in section 1(1) of the Customs and Excise Management Act 1979 ;
offences under the Official Secrets Acts 1911 and 1920 that are not arrestable offences by virtue of the term of imprisonment for which a person may be sentenced in respect of them ;
offences under section 14 (indecent assault on a woman), 22 (causing prostitution of women) or 23 (procuration of girl under 21) of the Sexual Offences Act 1956 ;
offences under section 12(1)(taking motor vehicle or other conveyance without authority etc) or 25(1) (going equipped for stealing, etc.) of the Theft Act 1968 ; and
offences under section 1 of the Public Bodies Corrupt Practices Act 1889 (corruption in office) or section 1 of the Prevention of Corruption Act 1906 (corrupt transactions with agents).
If an offence has been committed, a constable may arrest without a warrant—
anyone who is guilty of the offence;
anyone whom he has reasonable grounds for suspecting to be guilty of it.
inciting, aiding, abetting, counselling or procuring the commission of any such offence ;
But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.
anyone who is in the act of committing an arrestable offence;
anyone whom he has reasonable grounds for suspecting to be committing such an offence.
The reasons are—
to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person's name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);
correspondingly as regards the person's address;
to prevent the person in question—
causing physical injury to himself or any other person;
suffering physical injury;
causing loss of or damage to property;
committing an offence against public decency (subject to subsection (6)); or
causing an unlawful obstruction of the highway;
to protect a child or other vulnerable person from the person in question;
to allow the prompt and effective investigation of the offence or of the conduct of the person in question;
to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.
Subsection (5)(c)(iv) applies only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question.
A constable may arrest without a warrant—
anyone who is about to commit an arrestable offence ;
anyone whom he has reasonable grounds for suspecting to be about to commit an arrestable offence.
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Where a constable has reasonable grounds for suspecting that any offence which is not an arrestable offence has been committed or attempted, or is being committed or attempted, he may arrest the relevant person if it appears to him that service of a summons is impracticable or inappropriate because any of the general arrest conditions is satisfied.
In this section " the relevant person " means any person whom the constable has reasonable grounds to suspect of having committed or having attempted to commit the offence or of being in the course of committing or attempting to commit it
For the purposes of subsection (3) above an address is a satisfactory address for service if it appears to the constable—
that the relevant person will be at it for a sufficiently long period for it to be possible to serve him with a summons; or
that some other person specified by the relevant person will accept service of a summons for the relevant person at it.
Nothing in subsection (3)(d) above authorises the arrest of a person under sub-paragraph (iv) of that paragraph except where members of the public going about their normal business cannot reasonably be expected to avoid the person to be arrested.
This section shall not prejudice any power of arrest conferred apart from this section.
A person other than a constable may arrest without a warrant—
anyone who is in the act of committing an indictable offence;
anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.
Where an indictable offence has been committed, a person other than a constable may arrest without a warrant—
anyone who is guilty of the offence;
anyone whom he has reasonable grounds for suspecting to be guilty of it.
But the power of summary arrest conferred by subsection (1) or (2) is exercisable only if—
the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question; and
it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.
The reasons are to prevent the person in question—
causing physical injury to himself or any other person;
suffering physical injury;
causing loss of or damage to property; or
making off before a constable can assume responsibility for him.
This section does not apply in relation to an offence under Part 3 or 3A of the Public Order Act 1986.
Subject to subsection (2) below, so much of any Act (including a local Act) passed before this Act as enables a constable— shall cease to have effect.
to arrest a person for an offence without a warrant; or
to arrest a person otherwise than for an offence without a warrant or an order of a court,
Nothing in subsection (1) above affects the enactments specified in Schedule 2 to this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
has been convicted of a recordable offence;
has not at any time been in police detention for the offence; and
has not had his fingerprints taken—
in the course of the investigation of the offence by the police; or
since the conviction,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
shall give the person a period of at least 7 days within which he must so attend ; and
may direct him to so attend at a specified time of day or between specified times of day.
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The Secretary of State may by regulations make provision for recording in national police records convictions for such offences as are specified in the regulations.
Regulations under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In subsection (4) “conviction” includes—
a caution within the meaning of Part 5 of the Police Act 1997; and
a reprimand or warning given under section 65 of the Crime and Disorder Act 1998.
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Subject to subsection (5) below, where a person is arrested, otherwise than by being informed that he is under arrest, the arrest is not lawful unless the person arrested is informed that he is under arrest as soon as is practicable after his arrest.
Where a person is arrested by a constable, subsection (1) above applies regardless of whether the fact of the arrest is obvious.
Subject to subsection (5) below, no arrest is lawful unless the person arrested is informed of the ground for the arrest at the time of, or as soon as is practicable after, the arrest.
Where a person is arrested by a constable, subsection (3) above applies regardless of whether the ground for the arrest is obvious.
Nothing in this section is to be taken to require a person to be informed— if it was not reasonably practicable for him to be so informed by reason of his having escaped from arrest before the information could be given.
that he is under arrest; or
of the ground for the arrest,
Where for the purpose of assisting with an investigation a person attends voluntarily at a police station or at any other place where a constable is present or accompanies a constable to a police station or any such other place without having been arrested—
he shall be entitled to leave at will unless he is placed under arrest;
he shall be informed at once that he is under arrest if a decision is taken by a constable to prevent him from leaving at will.
Subsection (1A) applies where a person is, at any place other than a police station—
arrested by a constable for an offence, or
taken into custody by a constable after being arrested for an offence by a person other than a constable.
Subject to subsections (3) and (5) below, the police station to which an arrested person is taken under subsection (1A) above shall be a designated police station.
The person must be taken by a constable to a police station as soon as practicable after the arrest.
A constable to whom this subsection applies may take an arrested person to any police station unless it appears to the constable that it may be necessary to keep the arrested person in police detention for more than six hours.
Subsection (1A) has effect subject to section 30A (release of a person arrested elsewhere than at police station) and subsection (7)(release without bail).
Subsection (3) above applies—
to a constable who is working in a locality covered by a police station which is not a designated police station; and
to a constable belonging to a body of constables maintained by an authority other than a local policing body.
Any constable may take an arrested person to any police station if—
either of the following conditions is satisfied—
the constable has arrested him without the assistance of any other constable and no other constable is available to assist him;
the constable has taken him into custody from a person other than a constable without the assistance of any other constable and no other constable is available to assist him; and
it appears to the constable that he will be unable to take the arrested person to a designated police station without the arrested person injuring himself, the constable or some other person.
If the first police station to which an arrested person is taken after his arrest is not a designated police station, he shall be taken to a designated police station not more than six hours after his arrival at the first police station unless he is released previously.
A person arrested by a constable at any place other than a police station must be released without bail if the condition in subsection (7A) is satisfied.
A constable who releases a person under subsection (7) above shall record the fact that he has done so.
The constable shall made the record as soon as is practicable after the release.
Nothing in subsection (1A) or in section 30A prevents a constable delaying taking a person to a police station or releasing him under section 30A if the condition in subsection (10A) is satisfied.
The condition is that, at any time before the person arrested reaches a police station, a constable is satisfied that there are no grounds for keeping him under arrest ....
Where there is any such delay the reasons for the delay must be recorded when the person first arrives at the police station or (as the case may be) is released under section 30A.
Nothing in subsection (1A) or section 30A above shall be taken to affect—
paragraphs 16(3) or 18(1) of Schedule 2 to the Immigration Act 1971;
section 34(1) of the Criminal Justice Act 1972; ...
any provision of the Terrorism Act 2000 ; or
section 27 of and Schedule 6 to the National Security Act 2023.
Nothing in subsection (1) above shall be taken to affect paragraph 18(3) of Schedule 2 to the Immigration Act 1971.
The condition is that the presence of the person at a place (other than a police station) is necessary in order to carry out such investigations as it is reasonable to carry out immediately.
Where— he shall be arrested for that other offence.
a person—
has been arrested for an offence; and
is at a police station in consequence of that arrest; and
it appears to a constable that, if he were released from that arrest, he would be liable to arrest for some other offence,
A constable may search an arrested person, in any case where the person to be searched has been arrested at a place other than a police station, if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others.
Subject to subsections (3) to (5) below, a constable shall also have power in any such case—
to search the arrested person for anything—
which he might use to assist him to escape from lawful custody; or
which might be evidence relating to an offence; and
if the offence for which he has been arrested is an indictable offence, to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence.
The power to search conferred by subsection (2) above is only a power to search to the extent that is reasonably required for the purpose of discovering any such thing or any such evidence.
The powers conferred by this section to search a person are not to be construed as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves but they do authorise a search of a person’s mouth.
A constable may not search a person in the exercise of the power conferred by subsection (2)(a) above unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything for which a search is permitted under that paragraph.
A constable may not search premises in the exercise of the power conferred by subsection (2)(b) above unless he has reasonable grounds for believing that there is evidence for which a search is permitted under that paragraph on the premises.
In so far as the power of search conferred by subsection (2)(b) above relates to premises consisting of two or more separate dwellings, it is limited to a power to search—
any dwelling in which the arrest took place or in which the person arrested was immediately before his arrest; and
any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.
A constable searching a person in the exercise of the power conferred by subsection (1) above may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.
A constable searching a person in the exercise of the power conferred by subsection (2)(a) above may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing—
that he might use it to assist him to escape from lawful custody; or
that it is evidence of an offence or has been obtained in consequence of the commission of an offence.
Nothing in this section shall be taken to affect the power conferred by section 43 of the Terrorism Act 2000.
If subsection (1A) applies, a constable may release on bail a person who is arrested or taken into custody in the circumstances mentioned in section 30(1).
This subsection applies if—
the constable is satisfied that releasing the person on bail is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which would be imposed), and
a custody officer authorises the release on bail (having considered any representations made by the person).
In determining whether releasing the person on bail is necessary and proportionate in all the circumstances, the constable must have regard in particular to—
the need to secure that the person surrenders to custody,
the need to prevent offending by the person,
the need to safeguard victims of crime and witnesses, taking into account any vulnerabilities of any alleged victim of, or alleged witness to, the offence for which the person was arrested where these vulnerabilities have been identified by the constable,
the need to safeguard the person, taking into account any vulnerabilities of the person where these vulnerabilities have been identified by the constable, and
the need to manage risks to the public.
If subsection (1A) does not apply, a constable may release without bail a person who is arrested or taken into custody in the circumstances mentioned in section 30(1).
A person may be released ... under subsection (1) or (1C) at any time before he arrives at a police station.
A person released on bail under subsection (1) must be required to attend a police station.
Where a constable releases a person on bail under subsection (1)—
no recognizance for the person's surrender to custody shall be taken from the person,
no security for the person's surrender to custody shall be taken from the person or from anyone else on the person's behalf,
the person shall not be required to provide a surety or sureties for his surrender to custody, and
no requirement to reside in a bail hostel may be imposed as a condition of bail.
Subject to subsection (3A), where a constable releases a person on bail under subsection (1) the constable may impose, as conditions of the bail, such requirements as appear to the constable to be necessary—
to secure that the person surrenders to custody,
to secure that the person does not commit an offence while on bail,
to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person, or
for the person's own protection or, if the person is under the age of 18, for the person's own welfare or in the person's own interests.
Where a person is released on bail under subsection (1), a requirement may be imposed on the person as a condition of bail only under the preceding provisions of this section.
The police station which the person is required to attend may be any police station.
In section 125 of the Magistrates’ Courts Act 1980—
in subsection (3), for the words “arrest a person charged with an offence” there shall be substituted the words “which this subsection applies”;
the following subsection shall be added after that subsection—
Where a constable releases a person under section 30A, he must give that person a notice in writing before he is released.
The notice must state—
the offence for which he was arrested, ...
the ground on which he was arrested and
whether the person is being released without bail or on bail.
A notice given to a person who is released on bail must inform him that he is required to attend a police station.
The notice must also specify—
the police station which the person is required to attend, and
the time on the bail end date when the person is required to attend the police station.
If the person is granted bail subject to conditions under section 30A(3B), the notice also—
must specify the requirements imposed by those conditions,
must explain the opportunities under sections 30CA(1) and 30CB(1) for variation of those conditions, ...
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The person may be required to attend a different police station from that specified in the notice under subsection (1) or to attend at a different time or an additional time.
A person may not be required under subsection (6) to attend a police station at a time which is after the bail end date in relation to the person.
He must be given notice in writing of any such change as is mentioned in subsection (6) but more than one such notice may be given to him.
In this section “bail end date”, in relation to a person, means the last day of the period of 3 months beginning with the day after the day on which the person was arrested for the offence in relation to which bail is granted under section 30A.
A person who has been required to attend a police station is not required to do so if he is given notice in writing that his attendance is no longer required.
If a person is required to attend a police station which is not a designated police station he must be— not more than six hours after his arrival.
released, or
taken to a designated police station,
Nothing in the Bail Act 1976 applies in relation to bail under section 30A.
Nothing in section 30A or 30B or in this section prevents the re-arrest without a warrant of a person released ... under section 30A if, since the person’s release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before the person’s release.
Where a person released on bail under section 30A(1) is on bail subject to conditions— may, at the request of the person but subject to subsection (2), vary the conditions.
a relevant officer at the police station at which the person is required to attend, ...
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On any subsequent request made in respect of the same grant of bail, subsection (1) confers power to vary the conditions of the bail only if the request is based on information that, in the case of the previous request or each previous request, was not available to the relevant officer considering that previous request when he was considering it.
Where conditions of bail granted to a person under section 30A(1) are varied under subsection (1)—
paragraphs (a) to (d) of section 30A(3A) apply,
requirements imposed by the conditions as so varied must be requirements that appear to the relevant officer varying the conditions to be necessary for any of the purposes mentioned in paragraphs (a) to (d) of section 30A(3B), and
the relevant officer who varies the conditions must give the person notice in writing of the variation.
Power under subsection (1) to vary conditions is, subject to subsection (3)(a) and (b), power—
to vary or rescind any of the conditions, and
to impose further conditions.
If it is reasonably practicable to do so, the investigating officer must seek the views of the alleged victim (if any) of the relevant offence on—
whether any of the conditions that are relevant conditions should be varied under subsection (1), and
if so, what variations should be made to those conditions.
The investigating officer must inform the relevant officer of any views obtained under subsection (4A).
If any of the conditions which are relevant conditions are varied under subsection (1), the investigating officer must, if it is reasonably practicable to do so, notify the alleged victim of the variations.
If the alleged victim of the relevant offence appears to the investigating officer to be vulnerable, subsections (4A) and (4C) apply as if references to the alleged victim of the offence were to a person appearing to the officer to represent the alleged victim.
In this section—
“relevant offence” means the offence for which the person making the request under subsection (1) was under arrest when granted bail under section 30A(1);
“relevant officer”, in relation to a designated police station, means a custody officer but, in relation to any other police station—
For the purposes of this section a person (“P”) is an alleged victim of an offence if—
an allegation has been made to a constable or other person involved in the investigation of the offence that P has suffered physical, mental or emotional harm, or economic loss, which was directly caused by the offence, and
P is an individual.
For the purposes of this section an alleged victim of an offence is vulnerable if the alleged victim—
was aged under 18 at the time of the offence, or
may have difficulty understanding a communication from an investigating officer under this section, or communicating effectively in response to it, by reason of—
a physical disability or disorder,
a mental disorder within the meaning of the Mental Health Act 1983, or
a significant impairment of intelligence and social functioning.
Where a person released on bail under section 30A(1) is on bail subject to conditions, a magistrates' court may, on an application by or on behalf of the person, vary the conditions if—
the conditions have been varied under section 30CA(1) since being imposed under section 30A(3B),
a request for variation under section 30CA(1) of the conditions has been made and refused, or
a request for variation under section 30CA(1) of the conditions has been made and the period of 48 hours beginning with the day when the request was made has expired without the request having been withdrawn or the conditions having been varied in response to the request.
In proceedings on an application for a variation under subsection (1), a ground may not be relied upon unless— but this does not prevent the court, when deciding the application, from considering different grounds arising out of a change in circumstances that has occurred since the making of the application.
in a case falling within subsection (1)(a), the ground was relied upon in the request in response to which the conditions were varied under section 30CA(1), or
in a case falling within paragraph (b) or (c) of subsection (1), the ground was relied upon in the request mentioned in that paragraph,
Where conditions of bail granted to a person under section 30A(1) are varied under subsection (1)—
paragraphs (a) to (d) of section 30A(3A) apply,
requirements imposed by the conditions as so varied must be requirements that appear to the court varying the conditions to be necessary for any of the purposes mentioned in paragraphs (a) to (d) of section 30A(3B), and
that bail shall not lapse but shall continue subject to the conditions as so varied.
Power under subsection (1) to vary conditions is, subject to subsection (3)(a) and (b), power—
to vary or rescind any of the conditions, and
to impose further conditions.
A constable may arrest without a warrant a person who—
has been released on bail under section 30A subject to a requirement to attend a specified police station, but
fails to attend the police station at the specified time.
A person arrested under subsection (1) must be taken to a police station (which may be the specified police station or any other police station) as soon as practicable after the arrest.
A person who has been released on bail under section 30A may be arrested without a warrant by a constable if the constable has reasonable grounds for suspecting that the person has broken any of the conditions of bail.
A person arrested under subsection (2A) must be taken to a police station (which may be the specified police station mentioned in subsection (1) or any other police station) as soon as practicable after the arrest.
In subsection (1), “specified” means specified in a notice under subsection (1) ... of section 30B or, if notice of change has been given under subsection (7) of that section, in that notice.
For the purposes of— an arrest under this section is to be treated as an arrest for an offence.
section 30 (subject to the obligations in subsections (2) and (2B)), and
section 31,
A person arrested for an offence shall not be kept in police detention except in accordance with the provisions of this Part of this Act.
Subject to subsection (3) below, if at any time a custody officer— it shall be the duty of the custody officer, subject to subsection (4) below, to order his immediate release from custody.
becomes aware, in relation to any person in police detention, that the grounds for the detention of that person have ceased to apply; and
is not aware of any other grounds on which the continued detention of that person could be justified under the provision of this part of this Act,
No person in police detention shall be released except on the authority of a custody officer at the police station where his detention was authorised or, if it was authorised at more than one station, a custody officer at the station where it was last authorised.
A person who appears to the custody officer to have been unlawfully at large when he was arrested is not to be released under subsection (2) above.
A person whose release is ordered under subsection (2) must be released on bail if subsection (5A) applies.
that there is need for further investigation of any matter in connection with which he was detained at any time during the period of his detention ; or
that proceedings may be taken against him in respect of any such matter,
For the purposes of this Part of this Act a person arrested under section 6D of the Road Traffic Act 1988or section 30(2) of the Transport and Works Act 1992 (c. 42) is arrested for an offence.
This subsection applies if—
it appears to the custody officer—
that there is need for further investigation of any matter in connection with which the person was detained at any time during the period of the person’s detention, or
that, in respect of any such matter, proceedings may be taken against the person or the person may be given a youth caution under section 66ZA of the Crime and Disorder Act 1998, and
the pre-conditions for bail are satisfied.
A person whose release is ordered under subsection (2) must be released without bail if subsection (5A) does not apply.
Subsection (5C) applies where—
a person is released under subsection (5) or (5AA), and
the custody officer determines that—
there is not sufficient evidence to charge the person with an offence, or
there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.
The custody officer must give the person notice in writing that the person is not to be prosecuted.
Subsection (5C) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
In this Part “caution” includes—
a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003;
a youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998;
a youth caution under section 66ZA of that Act.
For the purposes of this Part a person who— is to be treated as arrested for an offence and that offence is the offence in connection with which he was granted bail. But this subsection is subject to section 47(6) (which provides for the calculation of certain periods, where a person has been granted bail under this Part, by reference to time when the person is in police detention only).
attends a police station to answer to bail granted under section 30A,
returns to a police station to answer to bail granted under this Part, or
is arrested under section 30D or 46A,
Subsection (7) does not apply in relation to a person who is granted bail subject to the duty mentioned in section 47(3)(b) and who either— (provision as to the treatment of such persons for the purposes of this Part being made by section 46ZA).
attends a police station to answer to such bail, or
is arrested under section 46A for failing to do so,
The chief officer of police for each police area shall designate the police stations in his area which, subject to sections 30(3) and (5), 30A(5) and 30D(2) , are to be the stations in that area to be used for the purpose of detaining arrested persons.
A chief officer’s duty under subsection (1) above is to designate police stations appearing to him to provide enough accommodation for that purpose.
Without prejudice to section 12 of the Interpretation Act 1978 (continuity of duties) a chief officer—
may designate a station which was not previously designated; and
may direct that a designation of a station previously made shall cease to operate.
The Chief Constable of the British Transport Police Force may designate police stations which (in addition to those designated under subsection (1) above) may be used for the purpose of detaining arrested persons.
In this Act “designated police station” means a police station for the time being designated under this section.
One or more custody officers shall be appointed for each designated police station.
A custody officer for a police station designated under section 35(1) above shall be appointed—
by the chief officer of police for the area in which the designated police station is situated; or
by such other police officer as the chief officer of police for that area may direct.
No officer may be appointed a custody officer unless the officer is of at least the rank of sergeant.
A custody officer for a police station designated under section 35(2A) above shall be appointed—
by the Chief Constable of the British Police Transport Force; or
by such other member of that Force as that Chief Constable may direct.
An officer of any rank may perform the functions of a custody officer at a designated police station if a custody officer is not readily available to perform them.
Subject to the following provisions of this section and to section 39(2) below, none of the functions of a custody officer in relation to a person shall be performed by an officer who at the time when the function falls to be performed is involved in the investigation of an offence for which that person is in police detention at that time.
Nothing in subsection (5) above is to be taken to prevent a custody officer—
performing any function assigned to custody officers—
by this Act; or
by a code of practice issued under this Act;
carrying out the duty imposed on custody officers by section 39 below;
doing anything in connection with the identification of a suspect; or
doing anything under sections 7 and 8 of the Road Traffic Act 1988.
Where an arrested person is taken to a police station which is not a designated police station, the functions in relation to him which at a designated police station would be the functions of a custody officer shall be performed—
by an officer . . . who is not involved in the investigation of an offence for which he is in police detention, if such an officer is readily available; and
if no such officer is readily available, by the officer who took him to the station or any other officer.
References to a custody officer in section 34 above or in the following provisions of this Act include references to an officer other than a custody officer who is performing the functions of a custody officer by virtue of subsection (4) or (7) above.
Where by virtue of subsection (7) above an officer of a force maintained by a local policing body who took an arrested person to a police station is to perform the functions of a custody officer in relation to him, the officer shall inform an officer who— that he is to do so.
is attached to a designated police station; and
is of at least the rank of inspector,
Subject to subsection (7B), subsection (7) applies where a person attends a police station which is not a designated station to answer to bail granted under section 30A as it applies where a person is taken to such a station.
The duty imposed by subsection (9) above shall be performed as soon as it is practicable to perform it.
Where subsection (7) applies because of subsection (7A), the reference in subsection (7)(b) to the officer who took him to the station is to be read as a reference to the officer who granted him bail.
The reference to a custody officer in section 30A(1A)(b) includes a reference to an officer other than a custody officer who is performing the functions of a custody officer by virtue of subsection (4) above.
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“appropriate consent” means—
Where— the custody officer at each police station where he is detained after his arrest shall determine whether he has before him sufficient evidence to charge that person with the offence for which he was arrested and may detain him at the police station for such period as is necessary to enable him to do so.
a person is arrested for an offence—
without a warrant; or
under a warrant not endorsed for bail, . . .
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a person is in police detention in a police area in England and Wales (“the first area”); and
the charges related to conduct which was the subject of a complaint; and
a person is arrested for an offence—
his arrest for an offence is sought in some other police area in England and Wales (“the second area”); and
the investigation of the complaint was not supervised by the Authority,
without a warrant ; or
he is taken to the second area for the purposes of investigating that offence, without being questioned in the first area in order to obtain evidence in relation to it,
under a warrant not endorsed for bail, or
a person returns to a police station to answer to bail,
a sample taken from a nail or from under a nail;
If— the person arrested must be released on bail (subject to subsection (3)).
the custody officer (“C”) determines that C does not have such evidence before C, and
the pre-conditions for bail are satisfied,
Subsection (10) does not apply if—
the person has been charged with an offence, or
the person’s continued detention is authorised or otherwise permitted in accordance with section 43.
A sample of urine or a non-intimate sample may be taken from a person in police detention for the purpose of ascertaining whether he has any specified Class A controlled drug in his body if
either the arrest condition or the charge condition is met;
both the age condition and the request condition are met; and
the notification condition is met in relation to the arrest condition, the charge condition or the age condition (as the case may be).
If the custody officer has reasonable grounds for believing that the person’s detention without being charged is necessary to secure or preserve evidence relating to an offence for which the person is under arrest or to obtain such evidence by questioning the person, he may authorise the person arrested to be kept in police detention.
The arrest condition is that the person concerned has been arrested for an offence but has not been charged with that offence and either—
the offence is a trigger offence; or
a police officer of at least the rank of inspector has reasonable grounds for suspecting that the misuse by that person of a specified Class A controlled drug caused or contributed to the offence and has authorised the sample to be taken.
Where a custody officer authorises a person who has not been charged to be kept in police detention, he shall, as soon as is practicable, make a written record of the grounds for the detention.
Subsection (13) applies where—
a person is released under subsection (10), and
a custody officer determines that—
there is not sufficient evidence to charge the person with an offence, or
there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.
The charge condition is either—
that the person concerned has been charged with a trigger offence; or
that the person concerned has been charged with an offence and a police officer of at least the rank of inspector, who has reasonable grounds for suspecting that the misuse by that person of any specified Class A controlled drug caused or contributed to the offence, has authorised the sample to be taken.
Subject to subsection (6) below, the written record shall be made in the presence of the person arrested who shall at that time be informed by the custody officer of the grounds for his detention.
The custody officer must give the person notice in writing that the person is not to be prosecuted.
The age condition is—
if the arrest condition is met, that the person concerned has attained the age of 18;
if the charge condition is met, that he has attained the age of 14.
Subsection (5) above shall not apply where the person arrested is, at the time when the written record is made—
incapable of understanding what is said to him;
violent or likely to become violent; or
in urgent need of medical attention.
Subsection (13) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
The request condition is that a police officer has requested the person concerned to give the sample.
Subject to section 41(7) below, if the custody officer determines that he has before him sufficient evidence to charge the person arrested with the offence for which he was arrested, the person arrested—
shall be— for the purpose of enabling the Director of Public Prosecutions to make a decision under section 37B below,
released without charge and on bail, or
kept in police detention,
shall be released without charge, either on bail or without bail.
shall be released— but not for the purpose mentioned in paragraph (a),
without charge, and
if the pre-conditions for bail are satisfied, on bail,
shall be released—
without charge, and
if the pre-conditions for bail are not satisfied, without bail, or
shall be charged.
The notification condition is that—
the relevant chief officer has been notified by the Secretary of State that appropriate arrangements have been made for the police area as a whole, or for the particular police station, in which the person is in police detention, and
the notice has not been withdrawn.
Where— it shall be the duty of the custody officer so to inform him.
a person is released under subsection (7)(b) or (c) above; and
at the time of his release a decision whether he should be prosecuted for the offence for which he was arrested has not been taken,
For the purposes of subsection (4A) above, appropriate arrangements are arrangements for the taking of samples under this section from whichever of the following is specified in the notification—
persons in respect of whom the arrest condition is met;
persons in respect of whom the charge condition is met;
persons who have not attained the age of 18.
If the person arrested is not in a fit state to be dealt with under subsection (7) above, he may be kept in police detention until he is.
Before requesting the person concerned to give a sample, an officer must—
warn him that if, when so requested, he fails without good cause to do so he may be liable to prosecution, and
in a case within subsection (1A)(b) or (2)(b) above, inform him of the giving of the authorisation and of the grounds in question.
The duty imposed on the custody officer under subsection (1) above shall be carried out by him as soon as practicable after the person arrested arrives at the police station or, in the case of a person arrested at the police station, as soon as practicable after the arrest.
In the case of a person who has not attained the age of 18— may not take place except in the presence of an appropriate adult.
the making of the request under subsection (4) above;
the giving of the warning and (where applicable) the information under subsection (5) above; and
the taking of the sample,
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an arrested juvenile who was arrested without a warrant is not released under subsection (2) above ; and
it appears to the custody officer that a decision falls to be taken in pursuance of section 5(2) of the Children and Young Persons Act 1969 whether to lay an information in respect of an offence alleged to have been committed by the arrested juvenile,
If a sample is taken under this section from a person in respect of whom the arrest condition is met no other sample may be taken from him under this section during the same continuous period of detention but—
if the charge condition is also met in respect of him at any time during that period, the sample must be treated as a sample taken by virtue of the fact that the charge condition is met;
the fact that the sample is to be so treated must be recorded in the person's custody record.
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to take such steps as are practicable to ascertain the identity of a person responsible for the welfare of the arrested juvenile ; and
if— to give that person the information as soon as it is practicable to do so.
he ascertains the identity of any such person ; and
it is practicable to give that person the information which subsection (11) above requires the custody officer to give to the arrested juvenile,
Despite subsection (1)(a) above, a sample may be taken from a person under this section if—
he was arrested for an offence (the first offence),
the arrest condition is met but the charge condition is not met,
before a sample is taken by virtue of subsection (1) above he would (but for his arrest as mentioned in paragraph (d) below) be required to be released from police detention,
he continues to be in police detention by virtue of his having been arrested for an offence not falling within subsection (1A) above, and
the sample is taken before the end of the period of 24 hours starting with the time when his detention by virtue of his arrest for the first offence began.
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his parent or guardian ; and
any other person who has for the time being assumed responsibility for his welfare.
A sample must not be taken from a person under this section if he is detained in a police station unless he has been brought before the custody officer.
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A sample may be taken under this section only by a person prescribed by regulations made by the Secretary of State by statutory instrument.
In this Part of this Act—
Where notice of an application for an order under paragraph 4 above has been served on a person, he shall not conceal, destroy, alter or dispose of the material to which the application relates except—
of the giving of the authorisation ; and
of the grounds for giving it.
In section 63B above—
with the leave of a judge; or
with the written permission of a constable,
If— the person arrested must be released without bail (subject to subsection (3)).
the custody officer (“C”) determines that C does not have such evidence before C, and
the pre-conditions for bail are not satisfied,
Subsection (6B) applies where—
a person is released under subsection (2) or (2A), and
the custody officer determines that—
there is not sufficient evidence to charge the person with an offence, or
there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.
The custody officer must give the person notice in writing that the person is not to be prosecuted.
Subsection (6B) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
The decision as to how a person is to be dealt with under subsection (7) above shall be that of the custody officer.
Where a person is dealt with under subsection (7)(a) above, it shall be the duty of the custody officer to inform him that he is being released , or (as the case may be) detained, to enable the Director of Public Prosecutions to make a decision under section 37B below.
Where— subsections (6B) and (6C) apply.
a person is released under subsection (7)(b) or (c), and
the custody officer makes a determination as mentioned in subsection (6A)(b),
Subsection (8B) applies if the offence for which the person is arrested is one in relation to which a sample could be taken under section 63B below and the custody officer—
is required in pursuance of subsection (2) above to release the person arrested and decides to release him on bail, or
decides in pursuance of subsection (7)(a) or (b) above to release the person without charge and on bail.
The detention of the person may be continued to enable a sample to be taken under section 63B, but this subsection does not permit a person to be detained for a period of more than 24 hours after the relevant time.
Where a person arrested for an offence otherwise than under a warrant endorsed for bail is charged with an offence, the custody officer shall , subject to section 25 of the Criminal Justice and Public Order Act 1994, order his release from police detention, either on bail or without bail, unless—
If the person arrested is not an arrested juvenile—
his name or address cannot be ascertained or the custody officer has reasonable grounds for doubting whether a name or address furnished by him as his name or address is his real name or address;
the custody officer has reasonable grounds for believing that the person arrested will fail to appear in court to answer to bail;
in the case of a person arrested for an imprisonable offence, the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from committing an offence;
in a case where a sample may be taken from the person under section 63B below, the custody officer has reasonable grounds for believing that the detention of the person is necessary to enable the sample to be taken from him;
in the case of a person arrested for an offence which is not an imprisonable offence, the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from causing physical injury to any other person or from causing loss of or damage to property;
the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary to prevent him from interfering with the administration of justice or with the investigation of offences or of a particular offence; or
the custody officer has reasonable grounds for believing that the detention of the person arrested is necessary for his own protection;
if he is an arrested juvenile—
any of the requirements of paragraph (a) above is satisfied (but, in the case of paragraph (a)(iiia) above, only if the arrested juvenile has attained the minimum age); or
the custody officer has reasonable grounds for believing that he ought to be detained in his own interests.
the offence with which the person is charged is murder.
If the release of a person arrested is not required by subsection (1) above, the custody officer may authorise him to be kept in police detention but may not authorise a person to be kept in police detension by virtue of subsection (1)(a)(iiia) after the end of the period of six hours beginning when he was charged with the offence.
Where a custody officer authorises a person who has been charged to be kept in police detention, he shall, as soon as practicable, make a written record of the grounds for the detention.
The custody officer, in taking the decisions required by subsection (1)(a) and (b) above (except (a)(i) and (vi) and (b)(ii)), shall have regard to the same considerations as those which a court is required to have regard to in taking the corresponding decisions under paragraph 2(1) of Part I of Schedule 1 to the Bail Act 1976 (disregarding paragraphs 1A and 2(2) of that Part).
Subject to subsection (5) below, the written record shall be made in the presence of the person charged who shall at that time be informed by the custody officer of the grounds for his detention.
Subsection (4) above shall not apply where the person charged is, at the time when the written record is made—
incapable of understanding what is said to him;
violent or likely to become violent; or
in urgent need of medical attention.
Where a custody officer authorises an arrested juvenile to be kept in police detention under subsection (1) above, the custody officer shall, unless he certifies— secure that the arrested juvenile is moved to local authority accommodation.
that, by reason of such circumstances as are specified in the certificate, it is impracticable for him to do so; or
in the case of an arrested juvenile who has attained the age of 12 years, that no secure accommodation is available and that keeping him in other local authority accommodation would not be adequate to protect the public from serious harm from him,
A certificate made under subsection (6) above in respect of an arrested juvenile shall be produced to the court before which he is first brought thereafter.
In this Part of this Act “local authority” has the same meaning as in the Children Act 1989.
In this section— and any reference, in relation to an arrested juvenile charged with a violent , sexual or terrorism offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him.
Where an arrested juvenile is moved to local authority accommodation under subsection (6) above, it shall be lawful for any person acting on behalf of the authority to detain him.
In this section “imprisonable offence” has the same meaning as in Schedule 1 to the Bail Act 1976.
The Director of Public Prosecutions may issue guidance—
for the purpose of enabling custody officers to decide how persons should be dealt with under section 37(7) above or 37C(2) or 37CA(2) below, and
as to the information to be sent to the Director of Public Prosecutions under section 37B(1) below.
The Director of Public Prosecutions may from time to time revise guidance issued under this section.
Custody officers are to have regard to guidance under this section in deciding how persons should be dealt with under section 37(7) above or 37C(2) or 37CA(2) below.
A report under section 9 of the Prosecution of Offences Act 1985 (report by DPP to Attorney General) must set out the provisions of any guidance issued, and any revisions to guidance made, in the year to which the report relates.
The Director of Public Prosecutions must publish in such manner as he thinks fit—
any guidance issued under this section, and
any revisions made to such guidance.
Guidance under this section may make different provision for different cases, circumstances or areas.
Subject to subsections (2) and (4) below, it shall be the duty of the custody officer at a police station to ensure—
that all persons in police detention at that station are treated in accordance with this Act and any code of practice issued under it and relating to the treatment of persons in police detention; and
that all matters relating to such persons which are required by this Act or by such codes of practice to be recorded are recorded in the custody records relating to such persons.
If the custody officer, in accordance with any code of practice issued under this Act, transfers or permits the transfer of a person in police detention— the custody officer shall cease in relation to that person to be subject to the duty imposed on him by subsection (1)(a) above; and it shall be the duty of the officer to whom the transfer is made to ensure that he is treated in accordance with the provisions of this Act and of any such codes of practice as are mentioned in subsection (1) above.
to the custody of another police officer at the police station where the person is in police detention, for the purpose of an interview that is part of the investigation of an offence for which the person is in police detention or otherwise in connection with the investigation of such an offence; or
to the custody of an officer who has charge of that person outside the police station,
If the person detained is subsequently returned to the custody officer, it shall be the duty of the officer investigating the offence to report to the custody officer as to the manner in which this section and the codes of practice have been complied with while that person was in his custody.
If an arrested juvenile is moved to local authority accommodation under section 38(6) above, the custody officer shall cease in relation to that person to be subject to the duty imposed on him by subsection (1) above.
Subsections (3B) and (3C) apply if the custody officer, in accordance with any code of practice issued under this Act, transfers or permits the transfer of a person in police detention to an officer mentioned in subsection (2)(a) for the purpose of an interview that is to be conducted to any extent by means of a live link by another police officer who is investigating the offence but is not at the police station where the person in police detention is held at the time of the interview.
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The officer who is not at the police station has the same duty as the officer mentioned in subsection (2)(a) to ensure that the person is treated in accordance with the provisions of this Act and of any such codes of practice as are mentioned in subsection (1).
Where— the custody officer shall refer the matter at once to an officer of the rank of superintendent or above who is responsible for the police station for which the custody officer is acting as custody officer.
an officer of higher rank than the custody officer . . . gives directions relating to a person in police detention; and
the directions are at variance—
with any decision made or action taken by the custody officer in the performance of a duty imposed on him under this Part of this Act; or
with any decision or action which would but for the directions have been made or taken by him in the performance of such a duty,
If the person detained is subsequently returned to the custody of the custody officer, the officer who is not at the police station also has the same duty under subsection (3) as the officer mentioned in subsection (2)(a).
For the purpose of subsection (3C), subsection (3) applies as if the reference to “in his custody” were a reference to “being interviewed”.
In subsection (3A), “live link” means an arrangement by which the officer who is not at the police station is able to see and hear, and to be seen and heard by, the person in police detention, any legal representative of that person and the officer who has custody of that person at the police station (and for this purpose any impairment of eyesight or hearing is to be disregarded).
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Where a person is dealt with under section 37(7)(a) above, an officer involved in the investigation of the offence shall, as soon as is practicable, send to the Director of Public Prosecutions such information as may be specified in guidance under section 37A above.
The Director of Public Prosecutions shall decide whether there is sufficient evidence to charge the person with an offence.
If he decides that there is sufficient evidence to charge the person with an offence, he shall decide—
whether or not the person should be charged and, if so, the offence with which he should be charged, and
whether or not the person should be given a caution and, if so, the offence in respect of which he should be given a caution.
The Director of Public Prosecutions shall give notice of his decision to an officer involved in the investigation of the offence.
Notice under subsection (4) above shall be in writing, but in the case of a person kept in police detention under section 37(7)(a) above it may be given orally in the first instance and confirmed in writing subsequently.
If his decision is— a custody officer shall give the person notice in writing that he is not to be prosecuted.
that there is not sufficient evidence to charge the person with an offence, or
that there is sufficient evidence to charge the person with an offence but that the person should not be charged with an offence or given a caution in respect of an offence,
Subsection (5) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
If the decision of the Director of Public Prosecutions is that the person should be charged with an offence, or given a caution in respect of an offence, the person shall be charged or cautioned accordingly.
But if his decision is that the person should be given a caution in respect of the offence and it proves not to be possible to give the person such a caution (whether because of section 17 of the Criminal Justice and Courts Act 2015 or for any other reason) , he shall instead be charged with the offence.
For the purposes of this section, a person is to be charged with an offence either—
when he is in police detention at a police station (whether because he has returned to answer bail, because he is detained under section 37(7)(a) above or for some other reason), or
in accordance with section 29 of the Criminal Justice Act 2003.
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Reviews of the detention of each person in police detention in connection with the investigation of an offence shall be carried out periodically in accordance with the following provisions of this section—
in the case of a person who has been arrested and charged, by the custody officer; and
in the case of a person who has been arrested but not charged, by an officer of at least the rank of inspector who has not been directly involved in the investigation.
The officer to whom it falls to carry out a review is referred to in this section as a “review officer”.
Subject to subsection (4) below—
the first review shall be not later than six hours after the detention was first authorised;
the second review shall be not later than nine hours after the first;
subsequent reviews shall be at intervals of not more than nine hours.
A review may be postponed—
if, having regard to all the circumstances prevailing at the latest time for it specified in subsection (3) above, it is not practicable to carry out the review at that time;
without prejudice to the generality of paragraph (a) above—
if at that time the person in detention is being questioned by a police officer and the review officer is satisfied that an interruption of the questioning for the purpose of carrying out the review would prejudice the investigation in connection with which he is being questioned; or
if at that time no review officer is readily available.
If a review is postponed under subsection (4) above it shall be carried out as soon as practicable after the latest time specified for it in subsection (3) above.
If a review is carried out after postponement under subsection (4) above, the fact that it was so carried out shall not affect any requirement of this section as to the time at which any subsequent review is to be carried out.
The review officer shall record the reasons for any postponement of a review in the custody record.
Subject to subsection (9) below, where the person whose detention is under review has not been charged before the time of the review, section 37(1) to (6) above shall have effect in relation to him, but with the modifications specified in subsection (8A)
of references to the person whose detention is under review for references to the person arrested ; and
of references to the review officer for references to the custody officer.
Where a person has been kept in police detention by virtue of section 37(9) or 37D(5) above, section 37(1) to (6) shall not have effect in relation to him but it shall be the duty of the review officer to determine whether he is yet in a fit state.
The modifications are—
the substitution of references to the person whose detention is under review for references to the person arrested;
the substitution of references to the review officer for references to the custody officer; and
in subsection (6), the insertion of the following paragraph after paragraph (a)—
asleep;”
Where the person whose detention is under review has been charged before the time of the review, section 38(1) to (6B) above shall have effect in relation to him, but with the modifications specified in subsection (10A) .
Where— the review officer shall refer the matter at once to an officer of the rank of superintendent or above who is responsible for the police station for which the review officer is acting as review officer in connection with the detention.
an officer of higher rank than the review officer gives directions relating to a person in police detention; and
the directions are at variance—
with any decision made or action taken by the review officer in the performance of a duty imposed on him under this Part of this Act; or
with any decision or action which would but for the directions have been made or taken by him in the performance of such a duty,
Before determining whether to authorise a person’s continued detention the review officer shall give— an opportunity to make representations to him about the detention.
that person (unless he is asleep); or
any solicitor representing him who is available at the time of the review,
The modifications are—
the substitution of a reference to the person whose detention is under review for any reference to the person arrested or to the person charged; and
in subsection (5), the insertion of the following paragraph after paragraph (a)—
asleep;”
Subject to subsection (14) below, the person whose detention is under review or his solicitor may make representations under subsection (12) above either orally or in writing.
The review officer may refuse to hear oral representations from the person whose detention is under review if he considers that he is unfit to make such representations by reason of his condition or behaviour.
This section applies where—
a person released on bail under section 37(7)(a) above or subsection (2)(b) below is arrested under section 46A below in respect of that bail, and
at the time of his detention following that arrest at the police station mentioned in section 46A(2) below, notice under section 37B(4) above has not been given.
The person arrested—
shall be charged, or
shall be released without charge, either on bail or without bail.
The decision as to how a person is to be dealt with under subsection (2) above shall be that of a custody officer.
A person released on bail under subsection (2)(b) above shall be released on bail subject to the same conditions (if any) which applied immediately before his arrest.
Subject to the following provisions of this section and to sections 42 and 43 below, a person shall not be kept in police detention for more than 24 hours without being charged.
The time from which the period of detention of a person is to be calculated (in this Act referred to as “the relevant time”)—
in the case of a person to whom this paragraph applies, shall be— whichever is the earlier;
the time at which that person arrives at the relevant police station; or
the time 24 hours after the time of that person’s arrest,
in the case of a person arrested outside England and Wales, shall be— whichever is the earlier;
the time at which that person arrives at the first police station to which he is taken in the police area in England or Wales in which the offence for which he was arrested is being investigated; or
the time 24 hours after the time of that person’s entry into England and Wales,
in the case of a person who— and is arrested at the police station, the time of his arrest;
attends voluntarily at a police station; or
accompanies a constable to a police station without having been arrested,
in any other case, except where subsection (5) below applies, shall be the time at which the person arrested arrives at the first police station to which he is taken after his arrest.
in the case of a person who attends a police station to answer to bail granted under section 30A, the time when he arrives at the police station;
Subsection (2)(a) above applies to a person if— and in sub-paragraph (i) of that paragraph “the relevant police station” means the first police station to which he is taken in the police area in which his arrest was sought.
his arrest is sought in one police area in England and Wales;
he is arrested in another police area; and
he is not questioned in the area in which he is arrested in order to obtain evidence in relation to an offence for which he is arrested;
Subsection (2) above shall have effect in relation to a person arrested under section 31 above as if every reference in it to his arrest or his being arrested were a reference to his arrest or his being arrested for the offence for which he was originally arrested.
in which the material concerned was taken, or
the chief officer of the police force of the area in which the person from whom the material was taken resides, or
When a person who is in police detention is removed to hospital because he is in need of medical treatment, any time during which he is being questioned in hospital or on the way there or back by a police officer for the purpose of obtaining evidence relating to an offence shall be included in any period which falls to be calculated for the purposes of this Part of this Act, but any other time while he is in hospital or on his way there or back shall not be so included.
Subject to subsection (8) below, a person who at the expiry of 24 hours after the relevant time is in police detention and has not been charged shall be released at that time —
on bail, if the pre-conditions for bail are satisfied, or
without bail, if those pre-conditions are not satisfied.
Subsection (7) above does not apply to a person whose detention for more than 24 hours after the relevant time has been authorised or is otherwise permitted in accordance with section 42 or 43 below.
A person released under subsection (7) above shall not be re-arrested without a warrant for the offence for which he was previously arrested unless , since the person’s release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before his release; but this subsection does not prevent an arrest under section 46A below.
Subsection (11) applies where—
a person is released under subsection (7), and
a custody officer determines that—
there is not sufficient evidence to charge the person with an offence, or
there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.
The custody officer must give the person notice in writing that the person is not to be prosecuted.
Subsection (11) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
Section 47(6) and (6A) makes further provision about the calculation of a period of police detention for the purposes of this Part.
This section applies where a person released on bail under section 37(7)(b) above or subsection (2)(b) below—
is arrested under section 46A below in respect of that bail, and
is being detained following that arrest at the police station mentioned in section 46A(2) below.
The person arrested—
shall be charged, or
shall be released—
without charge, and
if the pre-conditions for bail are satisfied, on bail, or
shall be released—
without charge, and
if the pre-conditions for bail are not satisfied, without bail.
The decision as to how a person is to be dealt with under subsection (2) above shall be that of a custody officer.
A person released on bail under subsection (2)(b) above shall be released on bail subject to the same conditions (if any) which applied immediately before his arrest (and the reference in section 50A to any conditions of bail which would be imposed is to be read accordingly).
Subsection (6) applies where—
a person is released under subsection (2), and
a custody officer determines that—
there is not sufficient evidence to charge the person with an offence, or
there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.
The custody officer must give the person notice in writing that the person is not to be prosecuted.
Subsection (6) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
Where a police officer of the rank of superintendent or above who is responsible for the police station at which a person is detained has reasonable grounds for believing that— he may authorise the keeping of that person in police detention for a period expiring at or before 36 hours after the relevant time.
the detention of that person without charge is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him;
an offence for which he is under arrest is an indictable offence; and
the investigation is being conducted diligently and expeditiously,
Where an officer such as is mentioned in subsection (1) above has authorised the keeping of a person in police detention for a period expiring less than 36 hours after the relevant time, such an officer may authorise the keeping of that person in police detention for a further period expiring not more than 36 hours after that time if the conditions specified in subsection (1) above are still satisfied when he gives the authorisation.
If it is proposed to transfer a person in police detention to another police area, the officer determining whether or not to authorise keeping him in detention under subsection (1) above shall have regard to the distance and the time the journey would take.
No authorisation under subsection (1) above shall be given in respect of any person—
more than 24 hours after the relevant time; or
before the second review of his detention under section 40 above has been carried out.
Where an officer authorises the keeping of a person in police detention under subsection (1) above, it shall be his duty—
to inform that person of the grounds for his continued detention; and
to record the grounds in that person’s custody record.
Before determining whether to authorise the keeping of a person in detention under subsection (1) or (2) above, an officer shall give— an opportunity to make representations to him about the detention.
that person; or
any solicitor representing him who is available at the time when it falls to the officer to determine whether to give the authorisation,
Subject to subsection (8) below, the person in detention or his solicitor may make representations under subsection (6) above either orally or in writing.
The officer to whom it falls to determine whether to give the authorisation may refuse to hear oral representations from the person in detention if he considers that he is unfit to make such representations by reason of his condition or behaviour.
" senior officer " means an officer holding a rank above the rank of chief superintendent.
shall inform him of that right;
appears to the appropriate authority to indicate that an officer may have committed a criminal offence or an offence against discipline ; and
shall decide whether he should be permitted to exercise it;
is not the subject of a complaint,
shall record the decision in his custody record; and
if the decision is to refuse to permit the exercise of the right, shall also record the grounds for the decision in that record.
Where an officer has authorised the keeping of a person who has not been charged in detention under subsection (1) or (2) above, he shall be released from detention..., not later than 36 hours after the relevant time —
he has been charged with an offence ; or
his continued detention is authorised or otherwise permitted in accordance with section 43 below.
A person released under subsection (10) above shall not be re-arrested without a warrant for the offence for which he was previously arrested unless , since the person’s release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before his release; but this subsection does not prevent an arrest under section 46A below.
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Where a person released on bail under section 37(7)(a) or 37C(2)(b) above returns to a police station to answer bail or is otherwise in police detention at a police station, he may be kept in police detention to enable him to be dealt with in accordance with section 37B or 37C above or to enable the power under section 47(4A) to be exercised.
Where a person released on bail under section 37(7)(b) or 37CA(2)(b) above returns to a police station to answer bail or is otherwise in police detention at a police station, he may be kept in police detention to enable him to be dealt with in accordance with section 37CA above or to enable the power under section 47(4A) to be exercised.
If the person mentioned in subsection (4) or (4A) above is not in a fit state to enable him to be dealt with as mentioned in that subsection or to enable the power under section 47(4A) to be exercised, he may be kept in police detention until he is.
Where a person is kept in police detention by virtue of subsection (4) , (4A) or (5) above, section 37(1) to (3) and (7) above (and section 40(8) below so far as it relates to section 37(1) to (3)) shall not apply to the offence in connection with which he was released on bail under section 37(7), 37C(2)(b) or 37CA(2)(b) above.
Where, on an application on oath made by a constable and supported by an information, a magistrates’ court is satisfied that there are reasonable grounds for believing that the further detention of the person to whom the application relates is justified, it may issue a warrant of further detention authorising the keeping of that person in police detention.
A court may not hear an application for a warrant of further detention unless the person to whom the application relates—
has been furnished with a copy of the information; and
has been brought before the court for the hearing.
The person to whom the application relates shall be entitled to be legally represented at the hearing and, if he is not so represented but wishes to be so represented—
the court shall adjourn the hearing to enable him to obtain representation; and
he may be kept in police detention during the adjournment.
A person’s further detention is only justified for the purposes of this section or section 44 below if—
his detention without charge is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him;
an offence for which he is under arrest is an indictable offence ; and
the investigation is being conducted diligently and expeditiously.
Subject to subsection (7) below, an application for a warrant of further detention may be made—
at any time before the expiry of 36 hours after the relevant time; or
in a case where— at any time before the expiry of the said 6 hours.
it is not practicable for the magistrates’ court to which the application will be made to sit at the expiry of 36 hours after the relevant time; but
the court will sit during the 6 hours following the end of that period,
In a case to which subsection (5)(b) above applies—
the person to whom the application relates may be kept in police detention until the application is heard; and
the custody officer shall make a note in that person’s custody record—
of the fact that he was kept in police detention for more than 36 hours after the relevant time; and
of the reason why he was so kept.
If— the court shall dismiss the application.
an application for a warrant of further detention is made after the expiry of 36 hours after the relevant time; and
it appears to the magistrates’ court that it would have been reasonable for the police to make it before the expiry of that period,
Where on an application such as is mentioned in subsection (1) above a magistrates’ court is not satisfied that there are reasonable grounds for believing that the further detention of the person to whom the application relates is justified, it shall be its duty—
to refuse the application; or
to adjourn the hearing of it until a time not later than 36 hours after the relevant time.
The person to whom the application relates may be kept in police detention during the adjournment.
A warrant of further detention shall—
state the time at which it is issued;
authorise the keeping in police detention of the person to whom it relates for the period stated in it.
Subject to subsection (12) below, the period stated in a warrant of further detention shall be such period as the magistrates’ court thinks fit, having regard to the evidence before it.
The period shall not be longer than 36 hours.
If it is proposed to transfer a person in police detention to a police area other than that in which he is detained when the application for a warrant of further detention is made, the court hearing the application shall have regard to the distance and the time the journey would take.
Any information submitted in support of an application under this section shall state—
the nature of the offence for which the person to whom the application relates has been arrested;
the general nature of the evidence on which that person was arrested;
what inquiries relating to the offence have been made by the police and what further inquiries are proposed by them;
the reasons for believing the continued detention of that person to be necessary for the purposes of such further inquiries.
Where an application under this section is refused, the person to whom the application relates shall forthwith be charged or, subject to subsection (16) below, released —
on bail, if the pre-conditions for bail are satisfied, or
without bail, if those pre-conditions are not satisfied.
A person need not be released under subsection (15) above—
before the expiry of 24 hours after the relevant time; or
before the expiry of any longer period for which his continued detention is or has been authorised under section 42 above.
Where an application under this section is refused, no further application shall be made under this section in respect of the person to whom the refusal relates, unless supported by evidence which has come to light since the refusal.
Where a warrant of further detention is issued, the person to whom it relates shall , unless the person is charged, be released from police detention upon or before the expiry of the warrant—
on bail, if the pre-conditions for bail are satisfied, or
without bail, if those pre-conditions are not satisfied.
A person released under subsection (18) above shall not be re-arrested without a warrant for the offence for which he was previously arrested unless , since the person’s release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before his release; but this subsection does not prevent an arrest under section 46A below.
Subsection (21) applies where—
a person is released under subsection (15) or (18), and
a custody officer determines that—
there is not sufficient evidence to charge the person with an offence, or
there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.
The custody officer must give the person notice in writing that the person is not to be prosecuted.
Subsection (21) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
On an application on oath made by a constable and supported by an information a magistrates’ court may extend a warrant of further detention issued under section 43 above if it is satisfied that there are reasonable grounds for believing that the further detention of the person to whom the application relates is justified.
Subject to subsection (3) below, the period for which a warrant of further detention may be extended shall be such period as the court thinks fit, having regard to the evidence before it.
The period shall not—
be longer than 36 hours; or
end later than 96 hours after the relevant time.
Where a warrant of further detention has been extended under subsection (1) above, or further extended under this subsection, for a period ending before 96 hours after the relevant time, on an application such as is mentioned in that subsection a magistrates’ court may further extend the warrant if it is satisfied as there mentioned; and subsections (2) and (3) above apply to such further extensions as they apply to extensions under subsection (1) above.
A warrant of further detention shall, if extended or further extended under this section, be endorsed with a note of the period of the extension.
Subsections (2), (3) and (14) of section 43 above shall apply to an application made under this section as they apply to an application made under that section.
Where an application under this section is refused, the person to whom the application relates shall forthwith be charged or, subject to subsection (8) below, released —
on bail, if the pre-conditions for bail are satisfied, or
without bail, if those pre-conditions are not satisfied.
A person need not be released under subsection (7) above before the expiry of any period for which a warrant of further detention issued in relation to him has been extended or further extended on an earlier application made under this section.
Subsection (10) applies where—
a person is released under subsection (7), and
a custody officer determines that—
there is not sufficient evidence to charge the person with an offence, or
there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.
The custody officer must give the person notice in writing that the person is not to be prosecuted.
Subsection (10) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
In sections 43, 44 and 45ZB of this Act “magistrates’ court” means a court consisting of two or more justices of the peace sitting otherwise than in open court.
Any reference in this Part of this Act to a period of time or a time of day is to be treated as approximate only.
A review under section 40(1)(b) may be carried out by means of a discussion, conducted by telephone, with one or more persons at the police station where the arrested person is held.
But subsection (1) does not apply if—
the review is of a kind authorised by regulations under section 45A to be carried out usinga live link; and
it is reasonably practicable to carry it out in accordance with those regulations.
Where any review is carried out under this section by an officer who is not present at the station where the arrested person is held—
any obligation of that officer to make a record in connection with the carrying out of the review shall have effect as an obligation to cause another officer to make the record;
any requirement for the record to be made in the presence of the arrested person shall apply to the making of that record by that other officer; and
the requirements under section 40(12) and (13) above for— to be given any opportunity to make representations (whether in writing or orally) to that officer shall have effect as a requirement for that person, or such a solicitor, to be given an opportunity to make representations in a manner authorised by subsection (4) below.
the arrested person, or
a solicitor representing him,
Representations are made in a manner authorised by this subsection—
in a case where facilities exist for the immediate transmission of written representations to the officer carrying out the review, if they are made either— and
orally by telephone to that officer; or
in writing to that officer by means of those facilities;
in any other case, if they are made orally by telephone to that officer.
In this section “live link” has the same meaning as in section 45A below.
Where a person—
is charged with an offence; and
after being charged— he shall be brought before a magistrates’ court in accordance with the provisions of this section.
is kept in police detention; or
is detained by a local authority in pursuance of arrangements made under section 38(6) above,
If he is to be brought before a magistrates’ court in the local justice area in which the police station at which he was charged is situated, he shall be brought before such a court as soon as is practicable and in any event not later than the first sitting after he is charged with the offence.
If no magistrates’ court in that area is due to sit either on the day on which he is charged or on the next day, the custody officer for the police station at which he was charged shall inform the designated officerfor the area that there is a person in the area to whom subsection (2) above applies.
If the person charged is to be brought before a magistrates’ court in a local justice area other than that in which the police station at which he was charged is situated, he shall be removed to that area as soon as is practicable and brought before such a court as soon as is practicable after his arrival in the area and in any event not later than the first sitting of a magistrates’ court in that area after his arrival in the area.
If no magistrates’ court in that area is due to sit either on the day on which he arrives in the area or on the next day—
he shall be taken to a police station in the area; and
the custody officer at that station shall inform the designated officer for the area that there is a person in the area to whom subsection (4) applies.
Subject to subsection (8) below, where the designated officer for a local justice area has been informed— the designated officer shall arrange for a magistrates’ court to sit not later than the day next following the relevant day.
under subsection (3) above that there is a person in the area to whom subsection (2) above applies; or
under subsection (5) above that there is a person in the area to whom subsection (4) above applies,
In this section “the relevant day”—
in relation to a person who is to be brought before a magistrates’ court in the local justice area in which the police station at which he was charged is situated, means the day on which he was charged; and
in relation to a person who is to be brought before a magistrates’ court in any other local justice area, means the day on which he arrives in the area.
Where the day next following the relevant day is Christmas Day, Good Friday or a Sunday, the duty of the designated officer under subsection (6) above is a duty to arrange for a magistrates’ court to sit not later than the first day after the relevant day which is not one of those days.
Nothing in this section requires a person who is in hospital to be brought before a court if he is not well enough.
Subject to the following provisions of this section, a release on bail of a person under this Part of this Act shall be a release on bail granted in accordance with sections 3, 3A, 5 and 5A of the Bail Act 1976 as they apply to bail granted by a constable.
Nothing in the Bail Act 1976 shall prevent the re-arrest without warrant of a person released on bail subject to a duty to attend at a police station if , since the person’s release, new evidence has come to light or an examination or analysis of existing evidence has been made which could not reasonably have been made before the person’s release.
The normal powers to impose conditions of bail shall be available to him where a custody officer releases a person on bail under this Part (except sections 37C(2)(b) and 37CA(2)(b)). In this subsection, “the normal powers to impose conditions of bail” has the meaning given in section 3(6) of the Bail Act 1976.
Subject to subsections (3A) and (4) below, in this Part of this Act references to “bail” are references to bail subject to a duty—
to appear before a magistrates' court at such time and such place as the custody officer may appoint;
to attend at such police station as the custody officer may appoint at such time as he may appoint for the purposes of—
proceedings held for the purposes of section 51 of the Criminal Justice Act 2003 (directions for live links in criminal proceedings) so far as that section applies to preliminary hearings (within the meaning of that section), and
any such hearing in relation to which a direction under that section is given requiring or permitting the person on bail to take part through a live audio link or a live video link (within the meaning of that section);
to attend at such police station as the custody officer may appoint at such time as he may appoint for purposes other than those mentioned in paragraph (b) (subject to section 47ZA).
No application may be made under section 5B of the Bail Act 1976 if a person is released on bail under section ... 37C(2)(b) or 37CA(2)(b) above.
Where a custody officer has granted bail to a person subject to a duty to appear at a police station, the custody officer may give notice in writing to that person that his attendance at the police station is not required.
Subsections (1D) to (1F) below apply where a person released on bail under section ... 37C(2)(b) or 37CA(2)(b) above is on bail subject to conditions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to secure or preserve evidence relating to the offence; or
to obtain such evidence by questioning him.
The person shall not be entitled to make an application under section 43B of the Magistrates' Courts Act 1980.
Where a person who has been granted bail under this Part and either has attended at the police station in accordance with the grant of bail or has been arrested under section 46A above is detained at a police station, any time during which he was in police detention prior to being granted bail shall be included as part of any period which falls to be calculated under this Part of this Act and any time during which he was on bail shall not be so included.
A magistrates' court may, on an application by or on behalf of the person, vary the conditions of bail; and in this subsection “vary” has the same meaning as in the Bail Act 1976.
Where a person who was released on bail under this Part subject to a duty to attend at a police station is re-arrested, the provisions of this Part of this Act shall apply to him as they apply to a person arrested for the first time ; but this subsection does not apply to a person who is arrested under section 46A above or has attended a police station in accordance with the grant of bail (and who accordingly is deemed by section 34(7) above to have been arrested for an offence) or to a person to whom section 46ZA(4) or (5) applies.
Where a magistrates' court varies the conditions of bail under subsection (1E) above, that bail shall not lapse but shall continue subject to the conditions as so varied.
In the Magistrates’ Court Act 1980—
the following section shall be substituted for section 43—; and
the following subsection shall be substituted for section 117(3)—.
Where a custody officer grants bail to a person subject to a duty to appear before a magistrates’ court, he shall appoint for the appearance—
a date which is not later than the first sitting of the court after the person is charged with the offence; or
where he is informed by the designated officer for the relevant local justice area that the appearance cannot be accommodated until a later date, that later date.
Where a person has been granted bail under this Part subject to a duty to attend at a police station, a custody officer may subsequently appoint a different time, or an additional time, at which the person is to attend at the police station to answer bail.
The custody officer must give the person notice in writing of the exercise of the power under subsection (4A).
The exercise of the power under subsection (4A) does not affect the conditions of bail (if any).
A custody officer may not appoint a time for a person’s attendance under subsection (4A) which is after the end of the applicable bail period in relation to the person.
Subsection (4D) is subject to section 47ZL.
Where a person has been arrested under section 46A above (other than in a case within subsection (1ZA) or (1ZB) of that section) the period of 3 hours beginning with the time at which the person arrives at a police station following the arrest is not to be included as part of any period of police detention which falls to be calculated in relation to the person under this Part of this Act.
This section applies in relation to bail granted under this Part subject to the duty mentioned in section 47(3)(b)(“live link bail”).
An accused person who attends a police station to answer to live link bail is not to be treated as in police detention for the purposes of this Act.
Subsection (2) does not apply in relation to an accused person if—
at any time before the beginning of proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 in relation to him, he informs a constable that he does not intend to give his consent to the direction;
at any time before the beginning of the proceedings referred to in section 47(3)(b)(i), a constable informs him that a live link will not be available for his use for the purposes of those proceedings;
proceedings in relation to a live link direction under that section have begun but he does not give his consent to the direction; or
the court determines for any reason not to give a direction of the sort referred to in section 47(3)(b)(ii).
If paragraph (b) or (d) of subsection (3) applies in relation to a person, he is to be treated for the purposes of this Part—
as if he had been arrested for and charged with the offence in connection with which he was granted bail, and
as if he had been so charged at the time when that paragraph first applied in relation to him.
An accused person who is arrested under section 46A for failing to attend at a police station to answer to live link bail, and who is brought to a police station in accordance with that section, is to be treated for the purposes of this Part—
as if he had been arrested for and charged with the offence in connection with which he was granted bail, and
as if he had been so charged at the time when he is brought to the station.
Nothing in subsection (4) or (5) affects the operation of section 47(6).
In section 128 of the Magistrates’ Courts Act 1980—
in subsection (7) for the words “the custody of a constable” there shall be substituted the words “detention at a police station”;
after subsection (7) there shall be inserted the following subsection—.
A constable may arrest without a warrant any person who, having been released on bail under this Part of this Act subject to a duty to attend at a police station, fails to attend at that police station at the time appointed for him to do so.
The reference in subsection (1) to a person who fails to attend at a police station at the time appointed for him to do so includes a reference to a person who—
attends at a police station to answer to bail granted subject to the duty mentioned in section 47(3)(b), but
leaves the police station at any time before the beginning of the proceedings referred to in sub-paragraph (i) of that provision.
The reference in subsection (1) to a person who fails to attend at a police station at the time appointed for the person to do so includes a reference to a person who—
attends at a police station to answer to bail granted subject to the duty mentioned in section 47(3)(b), but
refuses to be searched under section 54B.
A person who has been released on bail under this Part may be arrested without warrant by a constable if the constable has reasonable grounds for suspecting that the person has broken any of the conditions of bail.
A person who is arrested under this section shall be taken to the police station appointed as the place at which he is to surrender to custody as soon as practicable after the arrest.
For the purposes of— an arrest under this section shall be treated as an arrest for an offence.
section 30 above (subject to the obligation in subsection (2) above), and
section 31 above,
In subsection (1) of section 67 of the Criminal Justice Act 1967 (computation of custodial sentences) for the words from “period”, in the first place where it occurs, to “the offender” there shall be substituted the words “relevant period, but where he”.
The following subsection shall be inserted after that subsection—.
The following subsections shall be added after subsection (6) of that section—.
Each police force shall keep written records showing on an annual basis—
the number of persons kept in police detention for more than 24 hours and subsequently released without charge;
the number of applications for warrants of further detention and the results of the applications; and
in relation to each warrant of further detention—
the period of further detention authorised by it;
the period which the person named in it spent in police detention on its authority; and
whether he was charged or released without charge.
Every annual report— shall contain information about the matters mentioned in subsection (1) above in respect of the period to which the report relates.
under section 22 of the Police Act 1996; or
made by the Commissioner of Police of the Metropolis,
Subsections (2) to (5) apply if—
a person has been arrested for an offence, and
a custody officer proposes to release the person on bail under this Part (except section 37C(2)(b) or 37CA(2)(b)).
If it is reasonably practicable to do so, the investigating officer must seek the views of the alleged victim (if any) of the offence on—
whether relevant conditions should be imposed on the person’s bail, and
if so, what relevant conditions should be imposed.
In this section “relevant condition”, in relation to an offence and an alleged victim of that offence, means a condition that relates to the safeguarding of the alleged victim.
The investigating officer must inform the custody officer of any views obtained under subsection (2).
If the person is granted bail subject to relevant conditions, the investigating officer must, if it is reasonably practicable to do so, notify the alleged victim of the offence of those conditions.
If the alleged victim of the offence appears to the investigating officer to be vulnerable, subsections (2) and (5) apply as if references to the alleged victim of the offence were to a person appearing to the officer to represent the alleged victim.
Subsections (8) to (11) apply if—
a person has been arrested for an offence,
the person has been released on bail under this Part subject to conditions, and
the person requests a custody officer to vary the conditions under section 3A(8) of the Bail Act 1976.
If it is reasonably practicable to do so, the investigating officer must seek the views of the alleged victim (if any) of the offence on—
whether any of the conditions that are relevant conditions should be varied, and
if so, what variations should be made to those conditions.
The investigating officer must inform the custody officer of any views obtained under subsection (8).
If any of the conditions which are relevant conditions are varied, the investigating officer must, if it is reasonably practicable to do so, notify the alleged victim of the variations.
If the alleged victim of the offence appears to the investigating officer to be vulnerable, subsections (8) and (10) apply as if references to the alleged victim of the offence were to a person appearing to the officer to represent the alleged victim.
In this section “investigating officer”, in relation to an offence, means the constable or other person in charge of the investigation of the offence.
For the purposes of this section a person (“P”) is an alleged victim of an offence if—
an allegation has been made to a constable or other person involved in the investigation of the offence that P has suffered physical, mental or emotional harm, or economic loss, which was directly caused by the offence, and
P is an individual.
For the purposes of this section an alleged victim of an offence is vulnerable if the alleged victim—
was aged under 18 at the time of the offence, or
may have difficulty understanding a communication from an investigating officer under this section, or communicating effectively in response to it, by reason of—
a physical disability or disorder,
a mental disorder within the meaning of the Mental Health Act 1983, or
a significant impairment of intelligence and social functioning.
Nothing in this Part of this Act shall affect—
the powers conferred on immigration officers by section 4 of and Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc.);
the powers conferred by virtue of section 41 or 43B of, or Schedule 7 to, the Terrorism Act 2000 (powers of arrest and detention); ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 129, 190 or 202 of the Army Act 1955 (duties of governors of prisons and others to receive prisoners, deserters, absentees and persons under escort);
section 129, 190 or 202 of the Air Force Act 1955 (duties of governors of prisons and others to receive prisoners, deserters, absentees and persons under escort);
section 107 of the Naval Discipline Act 1957 (duties of governors of civil prisons etc.); or
paragraph 5 of Schedule 5 to the Reserve Forces Act 1980 (duties of governors of civil prisons); or
the powers conferred by virtue of Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (powers of detention);
any right of a person in police detention to apply for a writ of habeas corpus or other prerogative remedy.
the powers conferred by virtue of section 27 of and Schedule 6 to the National Security Act 2023;
This section applies in relation to the power conferred on a custody officer, when releasing a person on bail under this Part, to appoint a time for the person to attend at a police station in accordance with section 47(3)(c).
The power must be exercised so as to appoint a time on the day on which the applicable bail period in relation to the person ends, unless subsection (3) or (4) applies.
This subsection applies where—
at the time of the exercise of the power the person is on bail under this Part in relation to one or more offences other than the relevant offence, and
the custody officer believes that it is appropriate to align the person’s attendance in relation to the relevant offence with the person’s attendance in relation to the one or more other offences.
This subsection applies where the custody officer believes that a decision as to whether to charge the person with the relevant offence would be made before the end of the applicable bail period in relation to the person.
Where subsection (3) or (4) applies, the power may be exercised so as to appoint a time on a day falling before the end of the applicable bail period in relation to the person.
This section is subject to section 47ZL.
In this section references to attendance are to attendance at a police station in accordance with section 47(3)(c).
In this Part the “relevant offence”, in relation to a person, means the offence in respect of which the power mentioned in subsection (1) is exercised in relation to the person.
In this Part the “applicable bail period”, in relation to a person, means—
in an FCA case, HMRC case, NCA case or SFO case, the period of 6 months beginning with the person’s bail start date, or
in any other case, the period of 3 months beginning with the person’s bail start date.
The applicable bail period in relation to a person may be extended under sections 47ZD to 47ZG or treated as extended under section 47ZJ(3).
Subsection (1) and sections 47ZD to 47ZG are subject to sections 47ZL and 47ZM.
For the purposes of this Part—
a person’s bail start date is the day after the day on which the person was arrested for the relevant offence,
an “FCA case” is a case in which—
the relevant offence in relation to the person is being investigated by the Financial Conduct Authority, and
a member of staff of that Authority who is of the description designated for the purposes of this sub-paragraph by the Chief Executive of that Authority confirms that sub-paragraph (i) applies,
an “HMRC case” is a case in which—
the relevant offence in relation to the person is being investigated by an officer of Revenue and Customs, and
an officer of Revenue and Customs confirms that sub-paragraph (i) applies,
an “NCA case” is a case in which—
the relevant offence in relation to the person is being investigated by the National Crime Agency, and
a National Crime Agency officer confirms that sub-paragraph (i) applies,
an “SFO case” is a case in which—
the relevant offence in relation to the person is being investigated by the Director of the Serious Fraud Office, and
a member of the Serious Fraud Office confirms that sub-paragraph (i) applies, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies for the purposes of sections 47ZD to 47ZG.
Condition A is that the decision-maker has reasonable grounds for suspecting the person in question to be guilty of the relevant offence.
Condition B is that the decision-maker has reasonable grounds for believing—
in a case where the person in question is or is to be released on bail under section 37(7)(b) or 37CA(2)(b), that further time is needed for making a decision as to whether to charge the person with the relevant offence, or
otherwise, that further investigation is needed of any matter in connection with the relevant offence.
Condition C is that the decision-maker has reasonable grounds for believing—
in a case where the person in question is or is to be released on bail under section 37(7)(b) or 37CA(2)(b), that the decision as to whether to charge the person with the relevant offence is being made diligently and expeditiously, or
otherwise, that the investigation is being conducted diligently and expeditiously.
Condition D is that the decision-maker has reasonable grounds for believing that the release on bail of the person in question is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which are, or are to be, imposed).
In this section “decision-maker” means—
in relation to a condition which falls to be considered by virtue of section 47ZD, the relevant officer in question;
in relation to a condition which falls to be considered by virtue of section 47ZDA, the senior officer in question;
in relation to a condition which falls to be considered by virtue of section 47ZDB, the appropriate decision-maker in question,
in relation to a condition which falls to be considered by virtue of section 47ZE, the qualifying police officer in question;
in relation to a condition which falls to be considered by virtue of section 47ZF or 47ZG, the court in question.
This section applies in relation to a person if—
the applicable bail period in relation to the person is the period mentioned in section 47ZB(1)(b),
that period has not ended, and
a relevant officer is satisfied that conditions A to D are met in relation to the person.
The relevant officer may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 6 months beginning with the person’s bail start date.
Before determining whether to give an authorisation under subsection (2) in relation to a person, the relevant officer must arrange for the person or the person’s legal representative to be informed that a determination is to be made.
In determining whether to give an authorisation under subsection (2) in relation to a person, the relevant officer must consider any representations made by the person or the person’s legal representative.
The relevant officer must arrange for the person or the person’s legal representative to be informed whether an authorisation under subsection (2) has been given in relation to the person.
For the purposes of this Part “relevant officer” means a police officer of the rank of inspector or above.
This section applies in relation to a person if—
a relevant officer has authorised an extension of the applicable bail period in relation to the person under section 47ZD,
that period has not ended, and
a senior officer is satisfied that conditions A to D are met in relation to the person.
The senior officer may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 9 months beginning with the person’s bail start date.
Before determining whether to give an authorisation under subsection (2) in relation to a person, the senior officer must arrange for the person or the person’s legal representative to be informed that a determination is to be made.
In determining whether to give an authorisation under subsection (2) in relation to a person, the senior officer must consider any representations made by the person or the person’s legal representative.
The senior officer must arrange for the person or the person’s legal representative to be informed whether an authorisation under subsection (2) has been given in relation to the person.
For the purposes of this Part “senior officer” means a police officer of the rank of superintendent or above.
This section applies in relation to a person if—
the applicable bail period in relation to a person is the period mentioned in section 47ZB(1)(a),
that period has not ended, and
an appropriate decision-maker is satisfied that conditions A to D are met in relation to the person.
The appropriate decision-maker may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 12 months beginning with the person’s bail start date.
Before determining whether to give an authorisation under subsection (2) in relation to a person, the appropriate decision-maker must arrange for the person or the person’s legal representative to be informed that a determination is to be made.
In determining whether to give an authorisation under subsection (2) in relation to a person, the appropriate decision-maker must consider any representations made by the person or the person’s legal representative.
The appropriate decision-maker must arrange for the person or the person’s legal representative to be informed whether an authorisation under subsection (2) has been given in relation to the person.
For the purposes of this Part “appropriate decision-maker” means—
in an FCA case, a member of staff of the Financial Conduct Authority who is of the description designated for the purposes of this section by the Chief Executive of that Authority,
in an HMRC case, an officer of Revenue and Customs of a grade that is equivalent to the rank of superintendent or above,
in an NCA case, a National Crime Agency officer of a grade that is equivalent to the rank of superintendent or above, and
in an SFO case, a member of the Serious Fraud Office who is of the Senior Civil Service.
This section applies in relation to a person if a senior officer has authorised an extension of the applicable bail period in relation to the person under section 47ZDA.
The Director of Public Prosecutions may designate the person’s case as being an exceptionally complex case (a “designated case”).
If a qualifying police officer is satisfied that conditions A to D are met in relation to the person in a designated case, the officer may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 12 months beginning with the person’s bail start date.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Before determining whether to give an authorisation under subsection (3) in relation to a person—
the qualifying police officer must arrange for the person or the person’s legal representative to be informed that a determination is to be made, and
the qualifying police officer must consult the Director of Public Prosecutions.
In determining whether to give an authorisation under subsection (3) in relation to a person, the qualifying police officer must consider any representations made by the person or the person’s legal representative.
The qualifying police officer must arrange for the person or the person’s legal representative to be informed whether an authorisation under subsection (3) has been given in relation to the person.
Any designation under subsection (2) must be made, and any authorisation under subsection (3) must be given, before the applicable bail period in relation to the person has ended.
In this section—
This section applies in relation to a person if—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a senior officer has authorised an extension of the applicable bail period in relation to the person under section 47ZDA,
an appropriate decision-maker has authorised an extension of the applicable bail period in relation to the person under section 47ZDB, or
a qualifying police officer has authorised an extension of the applicable bail period in relation to the person under section 47ZE.
Before the applicable bail period in relation to the person ends a qualifying applicant may apply to a magistrates’ court for it to authorise an extension of the applicable bail period in relation to the person under this section.
If the court is satisfied that— it may authorise the applicable bail period to be extended as specified in subsection (4).
conditions B to D are met in relation to the person, and
the case does not fall within subsection (7),
The applicable bail period is to end—
in a case falling within subsection (1)(b), at the end of the period of 12 months beginning with the person’s bail start date;
in a case falling within subsection (1)(ba) or (c), at the end of the period of 18 months beginning with the person’s bail start date.
If the court is satisfied that— it may authorise the applicable bail period to be extended as specified in subsection (6).
conditions B to D are met in relation to the person, and
the case falls within subsection (7),
The applicable bail period is to end—
in a case falling within subsection (1)(b), at the end of the period of 18 months beginning with the person’s bail start date;
in a case falling within subsection (1)(ba) or (c), at the end of the period of 24 months beginning with the person’s bail start date.
A case falls within this subsection if the nature of the decision or further investigations mentioned in condition B means that that decision is unlikely to be made or those investigations completed if the applicable bail period in relation to the person is not extended as specified in subsection (6).
In this section “qualifying applicant” means—
a constable,
a member of staff of the Financial Conduct Authority who is of the description designated for the purposes of this subsection by the Chief Executive of the Authority,
an officer of Revenue and Customs,
a National Crime Agency officer,
a member of the Serious Fraud Office, or
a Crown Prosecutor.
Subsections (2) to (6) apply where a court has authorised an extension of the applicable bail period in relation to a person under section 47ZF.
Before the applicable bail period in relation to the person ends a qualifying applicant may apply to a magistrates’ court for it to authorise an extension of the applicable bail period in relation to the person under this section.
If the court is satisfied that— it may authorise the applicable bail period to be extended as specified in subsection (4).
conditions B to D are met in relation to the person, and
the case does not fall within subsection (8),
The applicable bail period is to end at the end of the period of 3 months beginning with the end of the current applicable bail period in relation to the person.
If the court is satisfied that— it may authorise the applicable bail period to be extended as specified in subsection (6).
conditions B to D are met in relation to the person, and
the case falls within subsection (8),
The applicable bail period is to end at the end of the period of 6 months beginning with the end of the current applicable bail period in relation to the person.
Where a court has authorised an extension of the applicable bail period in relation to a person under subsection (3) or (5), a qualifying applicant may make further applications under subsection (2) (and subsections (3) to (6) apply accordingly).
A case falls within this subsection if the nature of the decision or further investigations mentioned in condition B means that that decision is unlikely to be made or those investigations completed if the current applicable bail period in relation to the person is not extended as specified in subsection (6).
For the purposes of this section—
references to the current applicable bail period in relation to a person are to the applicable bail period applying to the person when the application under this section is made (subject to section 47ZJ(3)), and
“qualifying applicant” has the same meaning as in section 47ZF.
This section applies where a qualifying applicant makes an application to a magistrates’ court under section 47ZF or 47ZG in relation to a person.
The qualifying applicant may apply to the court for it to authorise the specified information to be withheld from the person and any legal representative of the person.
The court may grant an application under subsection (2) only if satisfied that there are reasonable grounds for believing that the specified information is sensitive information.
For the purposes of this section information is sensitive information if its disclosure would have one or more of the following results—
evidence connected with an indictable offence would be interfered with or harmed;
a person would be interfered with or physically injured;
a person suspected of having committed an indictable offence but not yet arrested for the offence would be alerted;
the recovery of property obtained as a result of an indictable offence would be hindered.
In this section “specified information” means the information specified in the application under subsection (2).
An application made to a magistrates’ court under section 47ZF or 47ZG in relation to a person is to be determined by a single justice of the peace on written evidence unless subsection (2) or (3) applies.
This subsection applies if—
the effect of the application would be to extend the applicable bail period in relation to the person so that it ends at or before the end of the period of 24 months beginning with the person’s bail start date, and
a single justice of the peace considers that the interests of justice require an oral hearing.
This subsection applies if—
the effect of the application would be to extend the applicable bail period in relation to the person so that it ends after the end of the period of 24 months beginning with the person’s bail start date, and
the person, or the person who made the application, requests an oral hearing.
If subsection (2) or (3) applies, the application is to be determined by two or more justices of the peace sitting otherwise than in open court.
Where an application under section 47ZF or 47ZG in relation to a person is to be determined as mentioned in subsection (4), the justices may direct that the person and any legal representative of the person be excluded from any part of the hearing.
The justices may give a direction under subsection (5) only if satisfied that there are reasonable grounds for believing that sensitive information would be disclosed at the part of the hearing in question.
An application under section 47ZH is to be determined by a single justice of the peace on written evidence unless the justice determines that the interests of justice require an oral hearing.
If the justice makes a determination under subsection (7)—
the application is to be determined by two or more justices of the peace sitting otherwise than in open court, and
the justices hearing the application must direct that the person to whom the application relates and any legal representative of the person be excluded from the hearing.
In this section “sensitive information” has the meaning given in section 47ZH(4).
This section applies where—
an application under section 47ZF or 47ZG is made to a magistrates’ court before the end of the applicable bail period in relation to a person, but
it is not practicable for the court to determine the application before the end of that period.
The court must determine the application as soon as is practicable.
The applicable bail period in relation to the person is to be treated as extended until the application is determined.
If it appears to the court that it would have been reasonable for the application to have been made in time for it to have been determined by the court before the end of the applicable bail period in relation to the person, it may refuse the application.
Criminal Procedure Rules may make provision in connection with applications under sections 47ZF, 47ZG and 47ZH and the proceedings for determining such applications.
This section applies where a person is released on bail under section 37(7)(a) or 37C(2)(b).
The running of the applicable bail period in relation to the person— (subject to subsection (6)).
does not begin (in the case of a first release on bail), or
is suspended (in any other case),
Accordingly section 47ZA does not apply to the exercise of the power mentioned in section 47ZA(1) when releasing the person on bail.
Subsections (5) and (6) apply if a DPP request is made in relation to the person.
A custody officer must exercise the power mentioned in section 47(4A) to appoint a different time for the person to attend at the police station (and section 47(4B) to (4D) applies accordingly).
The applicable bail period in relation to the person—
begins to run on the day on which the DPP request is made (in the case of a first release on bail), or
resumes running on that day (in any other case).
Subsection (8) applies where—
a DPP request has been made in relation to the person, and
the applicable bail period in relation to the person would end before the end of the period of 7 days beginning with the day on which the DPP request was made.
The running of the applicable bail period in relation to the person is suspended for the number of days necessary to secure that the applicable bail period ends at the end of the period of 7 days beginning with the day on which the DPP request was made.
Subsections (10) and (11) apply if the DPP request made in relation to the person is met.
The running of the applicable bail period in relation to the person is suspended.
Accordingly section 47(4D) does not apply to any exercise of the power under section 47(4A).
For the purposes of this section—
a “DPP request”, in relation to a person, means a request by the Director of Public Prosecutions for the further information specified in the request to be provided before the Director decides under section 37B(2) whether there is sufficient evidence to charge the person with the relevant offence,
a DPP request is met when the further information specified in the request is provided, and
references to the case of a first release on bail are to a case where the person has not been released on bail in relation to the relevant offence under any other provision of this Part or under section 30A.
Subsections (2) and (3) apply where a person was released on bail under section 30A.
The period of 3 months mentioned in section 30B(8) in relation to the person is to be treated as being the period of 3 months mentioned in section 47ZB(1)(b) in relation to the person.
Any reference to the relevant offence, in relation to the person, is to be read as a reference to the offence in respect of which the power in section 30A(1) was exercised.
Subsection (5) applies if, at any time on the day on which the applicable bail period in relation to a person would end, the person is in hospital as an in-patient.
The running of the applicable bail period in relation to the person is to be treated as having been suspended for any day on which the patient was in hospital as an in-patient.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of this Part the following are the pre-conditions for bail in relation to the release of a person by a custody officer—
that the custody officer is satisfied that releasing the person on bail is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which would be imposed), and
that the custody officer has considered any representations made by the person or the person’s legal representative.
In determining whether releasing the person on bail is necessary and proportionate in all the circumstances, the custody officer must have regard in particular to—
the need to secure that the person surrenders to custody,
the need to prevent offending by the person,
the need to safeguard victims of crime and witnesses, taking into account any vulnerabilities of any alleged victim of, or alleged witness to, the offence for which the person was arrested where these vulnerabilities have been identified by the custody officer,
the need to safeguard the person, taking into account any vulnerabilities of the person where these vulnerabilities have been identified by the custody officer, and
the need to manage risks to the public.
The College of Policing may, with the approval of the Secretary of State, issue guidance on bail that is granted to a person under Part 3 or this Part (“pre-charge bail”).
Guidance on pre-charge bail may in particular cover—
the exercise of powers to release a person on pre-charge bail;
the exercise of powers to impose or vary conditions of pre-charge bail;
the exercise of powers to arrest a person—
for failing to answer pre-charge bail, or
for breaching any conditions of pre-charge bail;
the exercise of powers to extend the period of pre-charge bail;
the duty to seek the views of alleged victims about conditions of pre-charge bail.
The College of Policing may, with the approval of the Secretary of State, from time to time revise the whole or any part of its guidance on pre-charge bail.
Before issuing or revising guidance on pre-charge bail, the College of Policing must consult—
the National Police Chiefs’ Council,
such persons as appear to the College to represent the views of local policing bodies, and
such other persons as the College thinks fit.
The Secretary of State must lay before Parliament any guidance on pre-charge bail issued by the College of Policing, and any revision of such guidance.
The Secretary of State is not required by subsection (5) to lay before Parliament, or may exclude from what is laid, anything the publication of which, in the opinion of the Secretary of State—
could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, or
could jeopardise the safety of any person.
A person who exercises functions relating to pre-charge bail must have regard to the guidance.
But subsection (7) does not apply to—
a member of the Serious Fraud Office,
a member of staff of the Financial Conduct Authority,
an officer of Revenue and Customs, or
a National Crime Agency officer.
A failure on the part of a person to whom subsection (7) applies to comply with the guidance does not of itself render the person liable to any criminal or civil proceedings.
But guidance on pre-charge bail is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to comply with it in determining a question in the proceedings.
The functions of a police officer under section 42(1) or (2) may be performed, in relation to an arrested person who is held at a police station, by an officer who is not present at the police station but has access to the use of a live link if—
a custody officer considers that the use of the live link is appropriate,
the arrested person has had advice from a solicitor on the use of the live link, and
the appropriate consent to the use of the live link has been given.
In subsection (1)(c), “the appropriate consent” means—
in relation to a person who has attained the age of 18, the consent of that person;
in relation to a person who has not attained that age but has attained the age of 14, the consent of that person and of his or her parent or guardian;
in relation to a person who has not attained the age of 14, the consent of his or her parent or guardian.
The consent of a person who has not attained the age of 18 (but has attained the age of 14), or who is a vulnerable adult, may only be given in the presence of an appropriate adult.
Section 42 applies with the modifications set out in subsections (5) to (7) below in any case where the functions of a police officer under that section are, by virtue of subsection (1), performed by an officer who is not at the police station where the arrested person is held.
Subsections (5)(b) and (9)(iii) and (iv) of that section are each to be read as if, instead of requiring the officer to make a record, they required the officer to cause another police officer to make a record.
Subsection (6) of that section is to be read as if it required the officer to give the persons mentioned in that subsection an opportunity to make representations—
if facilities exist for the immediate transmission of written representations to the officer, either in writing by means of those facilities or orally by means of the live link, or
in any other case, orally by means of the live link.
Subsection (9) of that section is to be read as if the reference in paragraph (b) to the right conferred by section 58 were omitted.
In this section—
In subsection (8), in both definitions of “appropriate adult”, “police purposes” has the meaning given by section 101(2) of the Police Act 1996.
A magistrates’ court may give a live link direction for the purpose of the hearing of an application under section 43 for a warrant authorising further detention of a person, or the hearing of an application under section 44 for an extension of such a warrant, if—
a custody officer considers that the use of a live link for that purpose is appropriate,
the person to whom the application relates has had legal advice on the use of the live link,
the appropriate consent to the use of the live link has been given, and
it is not contrary to the interests of justice to give the direction.
In subsection (1)(c), “the appropriate consent” means—
in relation to a person who has attained the age of 18, the consent of that person;
in relation to a person who has not attained that age but has attained the age of 14, the consent of that person and of his or her parent or guardian;
in relation to a person who has not attained the age of 14, the consent of his or her parent or guardian.
Where a live link direction is given, the requirement under section 43(2)(b) for the person to whom the application relates to be brought before the court for the hearing does not apply.
In this section—
In subsection (4), in both definitions of “appropriate adult”, “police purposes” has the meaning given by section 101(2) of the Police Act 1996.
Subject to the following provisions of this section, the Secretary of State may by regulations provide that, in the case of an arrested person who is held in a police station, some or all of the functions mentioned in subsection (2) may be performed (notwithstanding anything in the preceding provisions of this Part) by an officer who—
is not present in that police station; but
has access to the use ofa live link.
Those functions are—
the functions in relation to an arrested person taken to , or answering to bail at, a police station that is not a designated police station which, in the case of an arrested person taken to a station that is a designated police station, are functions of a custody officer under section 37, 38 or 40 above; and
the function of carrying out a review under section 40(1)(b) above (review, by an officer of at least the rank of inspector, of the detention of person arrested but not charged).
Regulations under this section shall specify the use to be made in the performance of the functions mentioned in subsection (2) above of a live link.
Regulations under this section shall not authorise the performance of any of the functions mentioned in subsection (2)(a) above by such an officer as is mentioned in subsection (1) above unless he is a custody officer for a designated police station.
Where any functions mentioned in subsection (2) above are performed in a manner authorised by regulations under this section—
any obligation of the officer performing those functions to make a record in connection with the performance of those functions shall have effect as an obligation to cause another officer to make the record; and
any requirement for the record to be made in the presence of the arrested person shall apply to the making of that record by that other officer.
Where the functions mentioned in subsection (2)(b) are performed in a manner authorised by regulations under this section, the requirements under section 40(12) and (13) above for— to be given any opportunity to make representations (whether in writing or orally) to the person performing those functions shall have effect as a requirement for that person, or such a solicitor, to be given an opportunity to make representations in a manner authorised by subsection (7) below.
the arrested person, or
a solicitor representing him,
Representations are made in a manner authorised by this subsection—
in a case where facilities exist for the immediate transmission of written representations to the officer performing the functions, if they are made either— and
orally to that officer by means of the live link used by him for performing those functions; or
in writing to that officer by means of the facilities available for the immediate transmission of the representations;
in any other case if they are made orally to that officer by means of the live link used by him for performing the functions.
Regulations under this section may make different provision for different cases and may be made so as to have effect in relation only to the police stations specified or described in the regulations.
Regulations under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section, “live link”, in relation to any functions, means an arrangement by which the functions may be performed by an officer who is not present at the police station where an arrested person is held but who is able (for the purpose of the functions) to see and hear, and to be seen and heard by, the arrested person and any legal representative of that person (and for this purpose any impairment of eyesight or hearing is to be disregarded).
Subject to subsection (2) below, there shall cease to have effect any Act (including a local Act) passed before this Act in so far as it authorises— and any rule of common law which authorises a search such as is mentioned in paragraph (a) or (b) above is abolished.
any search by a constable of a person in police detention at a police station; or
an intimate search of a person by a constable;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The custody officer at a police station shall ascertain . . . everything which a person has with him when he is—
brought to the station after being arrested elsewhere or after being committed to custody by an order of sentence of a court; or
arrested at the station or detained there , as a person falling within section 34(7), under section 37 above or as a person to whom section 46ZA(4) or (5) applies.
having attended voluntarily there ; or
having accompanied a constable there without having been arrested.
The custody officer may record or cause to be recorded all or any of the things which he ascertains under subsection (1).
Subject to subsection (4) below, a custody officer may seize and retain any such thing or cause any such thing to be seized and retained.
In the case of an arrested person, any such record may be made as part of his custody record.
Clothes and personal effects may only be seized if the custody officer—
believes that the person from whom they are seized may use them—
to cause physical injury to himself or any other person;
to damage property;
to interfere with evidence; or
to assist him to escape; or
has reasonable grounds for believing that they may be evidence relating to an offence.
Where anything is seized, the person from whom it is seized shall be told the reason for the seizure unless he is—
violent or likely to become violent; or
incapable of understanding what is said to him.
Subject to subsection (7) below, a person may be searched if the custody officer considers it necessary to enable him to carry out his duty under subsection (1) above and to the extent that the custody officer considers necessary for that purpose.
An intimate search may not be conducted under this section.
A search under this section shall be carried out by a constable.
A person who is in custody at a police station or is in police detention otherwise than at a police station may at any time be searched in order to ascertain whether he has with him anything which he could use for any of the purposes specified in subsection (4)(a) above.
The constable carrying out a search shall be of the same sex as the person searched.
Subject to subsection (6C) below, a constable may seize and retain, or cause to be seized and retained, anything found on such a search.
A constable may only seize clothes and personal effects in the circumstances specified in subsection (4) above.
Subject to the following provisions of this section, if an officer of at least the rank of inspector has reasonable grounds for believing— he may authorise an intimate search of that person.
that a person who has been arrested and is in police detention may have concealed on him anything which—
he could use to cause physical injury to himself or others; and
he might so use while he is in police detention or in the custody of a court; or
that such a person—
may have a Class A drug concealed on him; and
was in possession of it with the appropriate criminal intent before his arrest,
An officer may not authorise an intimate search of a person for anything unless he has reasonable grounds for believing that it cannot be found without his being intimately searched.
An officer may give an authorisation under subsection (1) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
An intimate search which is only a drug offence search shall be by way of examination by a suitably qualified person.
A drug offence search shall not be carried out unless the appropriate consent has been given in writing.
Except as provided by subsection (4) above, an intimate search shall be by way of examination by a suitably qualified person unless an officer of at least the rank of inspector considers that this is not practicable.
Where it is proposed that a drug offence search be carried out, an appropriate officer shall inform the person who is to be subject to it—
of the giving of the authorisation for it; and
of the grounds for giving the authorisation.
An intimate search which is not carried out as mentioned in subsection (5) above shall be carried out by a constable.
A constable may not carry out an intimate search of a person of the opposite sex.
No intimate search may be carried out except—
at a police station;
at a hospital;
at a registered medical practitioner’s surgery; or
at some other place used for medical purposes.
An intimate search which is only a drug offence search may not be carried out at a police station.
If an intimate search of a person is carried out, the custody record relating to him shall state—
which parts of his body were searched; and
why they were searched.
The information required to be recorded by subsections (10) and (10A) above shall be recorded as soon as practicable after the completion of the search.
The custody officer at a police station may seize and retain anything which is found on an intimate search of a person, or cause any such thing to be seized and retained—
if he believes that the person from whom it is seized may use it—
to cause physical injury to himself or any other person;
to damage property;
to interfere with evidence; or
to assist him to escape; or
if he has reasonable grounds for believing that it may be evidence relating to an offence.
Where anything is seized under this section, the person from whom it is seized shall be told the reason for the seizure unless he is—
violent or likely to become violent; or
incapable of understanding what is said to him.
If the intimate search is a drug offence search, the custody record relating to that person shall also state—
the authorisation by virtue of which the search was carried out;
the grounds for giving the authorisation; and
the fact that the appropriate consent was given.
Every annual report— shall contain information about searches under this section which have been carried out in the area to which the report relates during the period to which it relates.
under section 22 of the Police Act 1996; or
made by the Commissioner of Police of the Metropolis,
The information about such searches shall include—
the total number of searches;
the number of searches conducted by way of examination by a suitably qualified person;
the number of searches not so conducted but conducted in the presence of such a person; and
the result of the searches carried out.
The information shall also include, as separate items—
the total number of drug offence searches; and
the result of those searches.
In this section—
an ancillary offence, as defined by section 65A(5) below, relating to an offence for the time being listed in section 41(1) of that Act.
" vessel" includes any ship, boat, raft or other apparatus constructed or adapted for floating on water.
of its gravity ; or
Section 9.
If on an application made by a constable a circuit judge is satisfied that one or other of the sets of access conditions is fulfilled, he may make an order under paragraph 4 below.
The first set of access conditions is fulfilled if—
there are reasonable grounds for believing—
that an indictable offence has been committed;
that there is material which consists of special procedure material or includes special procedure material and does not also include excluded material on premises specified in the application , or on premises occupied or controlled by a person specified in the application (including all such premises on which there are reasonable grounds for believing that there is such material as it is reasonably practicable so to specify);
that the material is likely to be of substantial value (whether by itself or together with other material) to the investigation in connection with which the application is made; and
that the material is likely to be relevant evidence;
other methods of obtaining the material—
have been tried without success; or
have not been tried because it appeared that they were bound to fail; and
it is in the public interest, having regard— that the material should be produced or that access to it should be given.
to the benefit likely to accrue to the investigation if the material is obtained; and
to the circumstances under which the person in possession of the material holds it,
The second set of access conditions is fulfilled if—
there are reasonable grounds for believing that there is material which consists of or includes excluded material or special procedure material on premises specified in the application , or on premises occupied or controlled by a person specified in the application (including all such premises on which there are reasonable grounds for believing that there is such material as it is reasonably practicable so to specify);
but for section 9(2) above a search of such premises for that material could have been authorised by the issue of a warrant to a constable under an enactment other than this Schedule; and
the issue of such a warrant would have been appropriate.
An order under this paragraph is an order that the person who appears to the circuit judge to be in possession of the material to which the application relates shall— not later than the end of the period of seven days from the date of the order or the end of such longer period as the order may specify.
produce it to a constable for him to take away; or
give a constable access to it,
Where the material consists of information stored in any electronic form—
an order under paragraph 4(a) above shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form; and
an order under paragraph 4(b) above shall have effect as an order to give a constable access to the material in a form in which it is visible and legible.
For the purposes of sections 21 and 22 above material produced in pursuance of an order under paragraph 4(a) above shall be treated as if it were material seized by a constable.
An application for an order under paragraph 4 above that relates to material that consists of or includes journalistic material shall be made inter partes.
Notice of an application for an order under paragraph 4 above that relates to material that consists of or includes journalistic material may be served on a person either by delivering it to him or by leaving it at his proper address or by sending it by post to him in a registered letter or by the recorded delivery service.
Notice of an application for an order under paragraph 4 above that relates to material that consists of or includes journalistic material may be served—
on a body corporate, by serving it on the body’s secretary or clerk or other similar officer; and
on a partnership, by serving in on one of the partners.
For the purposes of paragraph 8 , and of section 7 of the Interpretation Act 1978 in its application to paragraph 8 , the proper address of a person, in the case of secretary or clerk or other similar officer of a body corporate, shall be that of the registered or principal office of that body, in the case of a partner of a firm shall be that of the principal office of the firm, and in any other case shall be the last known address of the person to be served.
If on an application made by a constable a circuit judge— he may issue a warrant authorising a constable to enter and search the premises or (as the case may be) all premises occupied or controlled by the person referred to in paragraph 2(a)(ii) or 3(a), including such sets of premises as are specified in the application (an “all premises warrant”).
is satisfied—
that either set of access conditions is fulfilled; and
that any of the further conditions set out in paragraph 14 below is also fulfilled in relation to each set of premises specified in the application; or
is satisfied—
that the second set of access conditions is fulfilled; and
that an order under paragraph 4 above relating to the material has not been complied with,
A constable may seize and retain anything for which a search has been authorised under paragraph 12 above.
The judge may not issue an all premises warrant unless he is satisfied—
that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application, as well as those which are, in order to find the material in question; and
that it is not reasonably practicable to specify all the premises which he occupies or controls which might need to be searched.
The further conditions mentioned in paragraph 12 (a)(ii) above are—
that it is not practicable to communicate with any person entitled to grant entry to the premises . . . ;
that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the material;
that the material contains information which—
is subject to a restriction or obligation such as is mentioned in section 11(2)(b) above; and
is likely to be disclosed in breach of it if a warrant is not issued;
that service of notice of an application for an order under paragraph 4 above may seriously prejudice the investigation.
If a person fails to comply with an order under paragraph 4 above, a circuit judge may deal with him as if he had committed a contempt of the Crown Court. Any enactment relating to contempt of the Crown Court shall have effect in relation to such a failure as if it were such a contempt.
The costs of any application under this Schedule and of anything done or to be done in pursuance of an order made under it shall be in the discretion of the judge.
Criminal Procedure Rules may make provision about proceedings under this Schedule, other than proceedings for an order under paragraph 4 above that relates to material that consists of or includes journalistic material.
of exceptional circumstances.
Section 26. . . . . . . . . . . . . . . . . . . . . . . . . 1952 c. 52. Section 49 of the Prison Act 1952. 1952 c. 67. Section 13 of the Visiting Forces Act 1952. . . . . . . . . . . . . . . . . . . . . . . . . 1969 c. 54. Section 32 of the Children and Young Persons Act 1969. 1971 c. 77. Section 24(2) of the Immigration Act 1971 and paragraphs 17, 24 and 33 of Schedule 2 and paragraph 7 of Schedule 3 to that Act. . . . . . . 1976 c. 63. Section 7 of the Bail Act 1976. . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . 1983 c. 20. Sections 18, 35(10), 36(8), 38(7), 136(1) and 138 of the Mental Health Act 1983. . . . . . . 1984 c. 47. Section 5(5) of the Repatriation of Prisoners) Act 1984.
Where in any proceedings a statement based on information supplied by any person is given in evidence by virtue of section 68 above—
any evidence which, if that person had been called as a witness, would have been admissible as relevant to his credibility as a witness shall be admissible for that purpose in those proceedings ;
evidence may, with the leave of the court, be given of any matter which, if that person had been called as a witness, could have been put to him in cross-examination as relevant to his credibility as a witness but of which evidence could not have been adduced by the cross-examining party ; and
evidence tending to prove that that person, whether before or after supplying the information, made a statement (whether oral or not) which is inconsistent with it shall be admissible for the purpose of showing that he has contradicted himself.
A statement which is admissible by virtue of section 68 above shall not be capable of corroborating evidence given by the person who supplied the information on which the statement is based.
In deciding for the purposes of section 68(2)(a)(i) above whether a person is unfit to attend as a witness the court may act on a certificate purporting to be signed by a registered medical practitioner.
Any reference in section 68 above or this Part of this Schedule to a person acting under a duty includes a reference to a person acting in the course of any trade, business, profession or other occupation in which he is engaged or employed or for the purposes of any paid or unpaid office held by him.
In estimating the weight, if any, to be attached to a statement admissible in evidence by virtue of section 68 above regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement and, in particular—
to the question whether or not the person who supplied the information from which the record containing the statement was compiled did so contemporaneously with the occurrence or existence of the facts dealt with in that information ; and
to the question whether or not that person, or any other person concerned with compiling or keeping the record containing the statement, had any incentive to conceal or misrepresent the facts.
In any proceedings where it is desired to give a statement in evidence in accordance with section 69 above, a certificate— shall be evidence of anything stated in it; and for the purposes of this paragraph it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.
identifying the document containing the statement and describing the manner in which it was produced;
giving such particulars of any device involved in the production of that document as may be appropriate for the purpose of showing that the document was produced by a computer;
dealing with any of the matters mentioned in subsection (1) of section 69 above; and
purporting to be signed by a person occupying a responsible position in relation to the operation of the computer,
Notwithstanding paragraph 8 above, a court may require oral evidence to be given of anything of which evidence could be given by a certificate under that paragraph ; but the preceding provisions of this paragraph shall not apply where the court is a magistrates’ court inquiring into an offence as examining justices..
Any person who in a certificate tendered under paragraph 8 above in a magistrates’ court, the Crown Court or the Court of Appeal makes a statement which he knows to be false or does not believe to be true shall be guilty of an offence and liable—
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum . . . or to both.
In estimating the weight, if any, to be attached to a statement regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement and, in particular—
to the question whether or not the information which the information contained in the statement reproduces or is derived from was supplied to the relevant computer, or recorded for the purpose of being supplied to it, contemporaneously with the occurrence or existence of the facts dealt with in that information; and
to the question whether or not any person concerned with the supply of information to that computer, or with the operation of that computer or any equipment by means of which the document containing the statement was produced by it, had any incentive to conceal or misrepresent the facts.
For the purposes of paragraph 11 above information shall be taken to be supplied to a computer whether it is supplied directly or (with or without human intervention) by means of any appropriate equipment.
by the production of that document; or
(whether or not that document is still in existence) by the production of a copy of that document, or of the material part of it,
For the purpose of deciding whether or not a statement is so admissible the court may draw any reasonable inference—
from the circumstances in which the statement was made or otherwise came into being; or
from any other circumstances, including the form and contents of the document in which the statement is contained.
Provision may be made by rules of court for supplementing the provisions of section 68 or 69 above or this Schedule.
The Police Complaints Authority shall consist of a chairman and not less than 8 other members. The chairman shall be appointed by Her Majesty. The other members shall be appointed by the Secretary of State. The members of the Authority shall not include any person who is or has been a constable in any part of the United Kingdom. Persons may be appointed as whole-time or part-time members of the Authority. The Secretary of State may appoint not more than two of the members of the Authority to be deputy chairmen.
The Authority shall be a body corporate. It is hereby declared that the Authority are not to be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown; and the Authority’s property shall not be regarded as property of or property held on behalf of the Crown.
Subject to the following provisions of this Schedule, a person shall hold an office to which he is appointed under paragraph 1(2), (3) or (6) above in accordance with the terms of his appointment. A person shall not be appointed to such an office for more than 3 years at a time. A person may at any time resign such an office. The Secretary of State may at any time remove a person from such an office if satisfied that—
The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of persons appointed to office under paragraph 1(2), (3) or (6) above or any of them as, with the consent of the Treasury, he may determine.
Where a person ceases to hold such an office otherwise than on the expiry of his term of office, and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may, with the consent of the Treasury, direct the Authority to make to the person a payment of such amount as, with the consent of the Treasury, the Secretary of State may determine.
The Authority may, after consultation with the Secretary of State, appoint such officers and servants as the Authority think fit, subject to the approval of the Treasury as to numbers and as to remuneration and other terms and conditions of service.
Police Complaints Authority Where a person who is employed by the Authority and is by reference to that employment a participant in a scheme under section 1 of the said Act of 1972 is appointed to an office under paragraph 1(2), (3) or (6) above the Treasury may determine that his service in that office shall be treated for the purposes of the scheme as service as an employee of the Authority; and his rights under the scheme shall not be affected by paragraph 4 above.
The Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Authority.
If it appears to the Authority that it is necessary to do so in order to discharge their duties efficiently, the Authority may, with the consent of the Secretary of State and the Treasury, set up a regional office in any place in England and Wales. The Authority may delegate any of their functions to a regional office.
Subject to the provisions of this Act, the arrangements for the proceedings of the Authority (including the quorum for meetings) shall be such as the Authority may determine. The arrangements may, with the approval of the Secretary of State, provide for the discharge, under the general direction of the Authority, of any of the Authority’s functions by a committee or by one or more of the members, officers or servants of the Authority.
The validity of any proceedings of the Authority shall not be affected—
by any defect in the appointment—
of the chairman;
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of any other member, or
by any vacancy—
in the office of chairman;
among the other members; . . .
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The Secretary of State shall pay to the Authority expenses incurred or to be incurred by the Authority under paragraphs 5 and 6 above and, with the consent of the Treasury, shall pay to the Authority such sums as the Secretary of State thinks fit for enabling the Authority to meet other expenses.
It shall be the duty of the Authority— The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before Parliament. The financial year of the Authority shall be the 12 months ending on 31st March.
No information received by the Police Complaints Board in connection with any complaint shall be disclosed by any person who has been a member, officer or servant of the Board except— Any person who discloses information in contravention of this paragraph shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale . . ..
On the day on which section 83 above comes into operation all property, rights and liabilities which immediately before that day were property, rights and liabilities of the Police Complaints Board shall vest in the Authority by virtue of this paragraph and without further assurance. Section 12 of the Finance Act 1895 (which requires Acts to be stamped as conveyances on sale in certain cases) shall not apply to any transfer of property effected by this paragraph.
Proceedings in any court to which the Police Complaints Board is a party and which are pending immediately before the date on which section 83 above comes into operation may be continued on and after that day by the Authority.
Where a person— the Secretary of State may, with the consent of the Treasury, make to the person a payment of such amount as, with the consent of the Treasury, the Secretary of State may determine.
ceases to be a member of the Police Complaints Board by reason of its abolition; and
does not become a member of the Authority,
Paragraphs 14 to 17 above are without prejudice to the generality of section 121(4) above.
Treason.
Murder.
Manslaughter.
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Kidnapping.
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a boy under the age of 16 ; or
a person who has not consented.
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An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) of being knowingly concerned, in relation to any goods, in any fraudulent evasion or attempt at evasion of a prohibition in force with respect to the goods under section 42 of the Customs Consolidation Act 1876 (c. 36) (prohibition on importing indecent or obscene articles).
Section 2 (causing explosion likely to endanger life or property).
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Section 16 (possession of firearms with intent to injure).
Section 17(1) (use of firearms and imitation firearms to resist arrest).
Section 18 (carrying firearms with criminal intent).
Section 1 (causing death by reckless driving).
Section 1 (hostage-taking).
Section 1 (hi-jacking).
Section 134 (Torture).
Section 1 (causing death by dangerous driving). Section 3A (causing death by careless driving when under the influence of drink or drugs).
Section 1 (endangering safety at aerodromes).
Section 9 (hijacking of ships).
Section 10 (seizing or exercising control of fixed platforms).
Article 4 (hijacking of Channel Tunnel trains).
Article 5 (seizing or exercising control of the tunnel system).
Section 1 (indecent photographs and pseudo-photographs of children).
Section 2 (publication of obscene matter).
Section 1 (rape).
Section 2 (assault by penetration).
Section 4 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section.
Section 5 (rape of a child under 13).
Section 6 (assault of a child under 13 by penetration).
Section 8 (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.
Section 31 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.
Section 5 (causing or allowing the death of a child or vulnerable adult).
Section 119.
The following section shall be inserted after section 31 of the Game Act 1831—.
In section 39 of the Metropolitan Police Act 1839 (fairs within the metropolitan police district) after the word “amusement” there shall be inserted the words “shall be guilty of an offence”.
In section 16 of the Railway Regulation Act 1840 (persons obstructing officers of railway company or trespassing upon railway) for the words from “and” in the third place where it occurs to “justice,” in the third place where it occurs there shall be substituted the words “, upon conviction by a magistrates’ court, at the discretion of the court,”.
In section 27 of the London Hackney Carriages Act 1843 (no person to act as driver of carriage without consent of proprietor) for the words after “constable” there shall be substituted the words “if necessary, to take charge of the carriage and every horse in charge of any person unlawfully acting as a driver and to deposit the same in some place of safe custody until the same can be applied for by the proprietor.”.
In section 5 of the Town Gardens Protection Act 1863 (penalty for injuring garden) for the words from the beginning to “district” there shall be substituted the words “Any person who throws any rubbish into any such garden, or trespasses therein, or gets over the railings or fence, or steals or damages the flowers or plants, or commits any nuisance therein, shall be guilty of an offence and”.
The following section shall be substituted for section 5 of the Parks Regulation Act 1872 (apprehension of offender whose name or residence is not known)—.
In the Dogs (Protection of Livestock) Act 1953 the following section shall be inserted after section 2—.
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In subsection (1) of section 2 of the Game Laws (Amendment) Act 1960 (power of police to enter on land) for the words “purpose of exercising any power conferred on him by the foregoing section” there shall be substituted the wordspurpose— .
of exercising in relation to him the powers under section 31 of the Game Act 1831 which section 31A of that Act confers on police constables ; or
of arresting him in accordance with section 25 of the Police and Criminal Evidence Act 1984.".
In subsection (1) of section 4 of that Act (enforcement powers) for the words from “under”, in the first place where it occurs, to “thirty-one” there shall be substituted the words “, in accordance with section 25 of the Police and Criminal Evidence Act 1984, for an offence under section one or section nine of the Night Poaching Act 1828, or under section thirty”.
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In section 15(1) of the Theatres Act 1968 (powers of entry and inspection) for the words “fourteen days” there shall be substituted the words “one month”.
In the Children and Young Persons Act 1969—
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the following section shall be substituted for section 29—.
In section 25(3) of the Immigration Act 1971 for the words “A constable or” there shall be substituted the word “An”.
a
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In subsection (5) of section 60 of the Animal Health Act 1981 (enforcement powers) for the words “a constable or other officer” there shall be substituted the words “an officer other than a constable”.
In subsection (2) of section 19 of the Wildlife and Countryside Act 1981 (enforcement powers) after the words “subsection (1)” there shall be inserted the words “or arresting a person, in accordance with section 25 of the Police and Criminal Evidence Act 1984, for such an offence”.
In section 135(4) of the Mental Health Act 1983 for the words “the constable to whom it is addressed”, in both places where they occur, there shall be substituted the words “a constable”.
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in sub-paragraph (4)—
for the word "If" there shall be substituted the words " Subject to sub-paragraph (4A) below, if " ; and
at the end there shall be added the words " or which could have been so given but for section 9(2) of the Police and Criminal Evidence Act 1984" ; and
the following sub-paragraph shall be inserted after subparagraph (4)—.
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In section 6(2) of the Police (Scotland) Act 1967 (constables below rank of assistant chief constable) for the words “an assistant chief constable or a constable holding the office of deputy chief constable” there shall be substituted the words “a deputy chief constable or an assistant chief constable”.
In section 7(1) of that Act (ranks) after the words “chief constable,” there shall be inserted the words “deputy chief constable,”.
In section 26(7) of that Act (disciplinary authority) immediately before the words “deputy chief constable” there shall be inserted the word “any”.
In section 31(2) of that Act (compulsory retirement of chief constable etc.) for the words “the deputy or an assistant chief constable” there shall be substituted the words “a deputy or assistant chief constable”.
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The Police Complaints Authority
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The following subsection shall be substituted for section 138(4) of the Customs and Excise Management Act 1979—.
In section 161 of that Act—
in subsection (3), for the words from “that officer” to the end of the subsection there shall be substituted the words “any officer and any person accompanying an officer to enter and search the building or place named in the warrant within one month from that day”; and
in subsection (4), for the words “person named in a warrant under subsection (3) above” there shall be substituted the words “other person so authorised”.
In the following provisions of the Betting and Gaming Duties Act 1981, namely— for the words “fourteen days” there shall be substituted the words “one month”.
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A statement contained in a document produced by a computer shall not by virtue of sub-paragraph (3) of this paragraph be admissible in evidence—
in paragraph 7(6), for the words from " under the corresponding " to the end of the sub-paragraph there shall be substituted the words " section 13(4) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 or section 2(4) of the Civil Evidence Act (Northern Ireland) 1971 " ; and
in paragraph 10(3), for the words " 14 days" there shall be substituted the words " one month " .
Section 119.
Chapter Short title Extent of repeal 5 Geo. 4. c. 83. Vagrancy Act 1824. Section 8. Section 13. 1 & 2 Will. 4. c. 32. Game Act 1831. In section 31, the words “or for any police constable”. 2 & 3 Vict. c. 47. Metropolitan Police Act 1839. Section 34. In section 38, the words from “it” to “and” in the sixth place where it occurs. In section 39, the words “to take into custody”. In section 47, the words “take into custody” and the words “, and every person so found”. In section 54, the words from “And” to the end of the section. In section 62, the words from “may” in the first place where it occurs to “and” in the second place where it occurs. Sections 63 to 67. 3 & 4 Vict. c. 50. Canals (Offences) Act 1840. The whole Act. 5 & 6 Vict. c. 55. Railway Regulation Act 1842. In section 17, the words “or for any special constable duly appointed,”. 8 & 9 Vict. c. 20. Railways Clauses Consolidation Act 1845. In section 104, the words “and all constables, gaolers, and police officers,”. 10 & 11 Vict. c. 89 Town Police Clauses Act 1847. In section 15, the words “may be taken into custody, without a warrant, by any constable, or” and the words from “Provided” to the end of the section. In section 28, the words from “and” in the first place where it occurs to “offence” in the second place where it occurs. 14 & 15 Vict. c. 19 Prevention of Offences Act 1851. Section 11. 23 & 24 Vict. c. 32. Ecclesiastical Courts Jurisdiction Act 1860. In section 3, the words “constable or” 24 & 25 Vict. c. 100. Offences against the Person Act 1861. In section 65, the words “in the daytime”. 34 & 35 Vict. c. 96. Pedlars Act 1871. Sections 18 and 19. 35 & 36 Vict. c. 93. Pawnbrokers Act 1872. In section 36, the words “, within the hours of business,”. 38 & 39 Vict. c. 17. Explosives Act 1875. In section 78, the words “a constable, or”. 52 & 53 Vict. c. 18. Indecent Advertisements Act 1889. Section 6. 52 & 53 Vict. c. 57. Regulation of Railways Act 1889. In section 5(2), the words “or any constable”. 8 Edw. 7. c. 66. Public Meeting Act 1908. In section 1, in subsection (3) the words from “and” in the sixth place where it occurs to the end of the subsection. 1 & 2 Geo. 5. c. 28. Official Secrets Act 1911. In section 9(1), the words “named therein”. 15 & 16 Geo. 5. c. 71. Public Health Act 1925. Section 74(2) and (3). 23 & 24 Geo. 5. c. 12. Children and Young Persons Act 1933. Section 10(2). Section 13(1) and (2). In section 40, in subsection (1) the words “named therein” and in subsection (4) the words “addressed to and”. 11 & 12 Geo. 6. c. 58. Criminal Justice Act 1948. Section 68. 1 & 2 Eliz. 2. c. 14. Prevention of Crime Act 1953. Section 1(3). 3 & 4 Eliz. 2. c. 28. Children and Young Persons (Harmful Publications) Act 1955. In section 3(1), the words “named therein”. 4 & 5 Eliz. 2. c. 69. Sexual Offences Act 1956. Section 40. In section 43(1), the word “named”. 5 & 6 Eliz. 2. c. 53. Naval Discipline Act 1957. In section 106(1), the words from “may” in the first place where it occurs to “and”. 7 & 8 Eliz. 2. c. 66. Obscene Publications Act 1959. In section 3(1), the words “, within fourteen days from the date of the warrant,”. 8 & 9 Eliz. 2. c. 36. Game Laws (Amendment) Act 1960. Section 1. 1963 c. 2. Betting, Gaming and Lotteries Act 1963. In section 51(1), the words “at any time within fourteen days from the time of the issue of the warrant” and the words “arrest and”. 1963 c. 36. Deer Act 1963. Section 5(1)(c). 1964 c. 26. Licensing Act 1964. Section 187(5). 1967 c. 58. Criminal Law Act 1967. Section 2. 1968 c. 27. Firearms Act 1968. In section 46(1), the words “named therein”. Section 50. 1968 c. 52. Caravan Sites Act 1968. Section 11(5). 1968 c. 60. Theft Act 1968. Section 12(3). Section 26(2). 1968 c. 65. Gaming Act 1968. Section 5(2). In section 43, in subsection (4), the words “at any time within fourteen days from the time of the issue of the warrant”, and in subsection (5)(b), the words “arrest and”. 1970 c. 30. Conservation of Seals Act 1970. Section 4(1)(a). 1971 c. 38. Misuse of Drugs Act 1971. Section 24. 1971 c. 77. Immigration Act 1971. In Schedule 2, in paragraph 17(2), the words “acting for the police area in which the premises are situated,” and the words “at any time or times within one month from the date of the warrant”. 1972 c. 20. Road Traffic Act 1972. Section 19(3). Section 164(2). 1972 c. 27. Road Traffic (Foreign Vehicles) Act 1972. Section 3(2). 1972 c. 71. Criminal Justice Act 1972. Section 34(3). 1973 c. 57. Badgers Act 1973. Section 10(1)(b). 1974 c. 6. Biological Weapons Act 1974. In section 4(1), the words “named therein”. 1976 c. 32. Lotteries and Amusements Act 1976. In section 19, the words “at any time within 14 days from the time of the issue of the warrant”. 1976 c. 58. International Carriage of Perishable Foodstuffs Act 1976. Section 11(6). 1977 c. 45. Criminal Law Act 1977. Section 11. Section 62. 1979 c. 2. Customs and Excise Management Act 1979. In section 138, in subsections (1) and (2), the words “or constable”. 1980 c. 43. Magistrates’ Courts Act 1980. Section 49. 1980 c. 49. Deer Act 1980. Section 4(1)(c). 1980 c. 66. Highways Act 1980. Section 137(2). 1980 c. x. County of Merseyside Act 1980. Section 33. 1980 c. xi. West Midlands County Council Act 1980. Section 42. 1981 c. 14. Public Passenger Vehicles Act 1981. Section 25(2). 1981 c. 22. Animal Health Act 1981. In section 60, subsection (3), in subsection (4) the words “or apprehending”, and in subsection (5) the words “constable or”, in the second place where they occur. 1981 c. 42. Indecent Displays (Control) Act 1981. Section 2(1). In section 2(3), the words “within fourteen days from the date of issue of the warrant”. 1981 c. 47. Criminal Attempts Act 1981. Section 9(4). 1981 c. 69. Wildlife and Countryside Act 1981. Section 19(1)(c). 1982 c. 48. Criminal Justice Act 1982. Section 34. 1983 c. 2. Representation of the People Act 1983. In section 97(3), the words from “and” in the fifth place where it occurs to “him” in the third place where it occurs. . . . 1983 c. 20. Mental Health Act 1983. In Section 135, in subsections (1) and (2), the words “named in the warrant”.
Chapter Short title Extent of repeal 1971 c. liv. Cornwall County Council Act 1971. Section 98(4). 1972 c. xlvii. Hampshire County Council Act 1972. Section 86(2).
Chapter Short title Extent of repeal 3 & 4 Eliz. 2. c. 18. Army Act 1955. In section 198(1), the words “of this section and of sections 198A and 198B of this Act”. Sections 198A and 198B. 3 & 4 Eliz. 2. c. 19. Air Force Act 1955. In section 198(1), the words “of this section and of sections 198A and 198B of this Act”. Sections 198A and 198B. 1965 c. 20. Criminal Evidence Act 1965. The whole Act. 1969 c. 48. Post Office Act 1969. In section 93(4), the words “the Criminal Evidence Act 1965 and”. In Schedule 4, paragraph 77. 1981 c. 55. Armed Forces Act 1981. Section 9. 1981 c. xviii. County of Kent Act 1981. Section 82. 1983 c. 55. Value Added Tax Act 1983. In Schedule 7, paragraph 7(7) and (8).
Chapter Short title Extent of repeal 14 & 15 Vict. c. 99. Evidence Act 1851. Section 13. 28 & 29 Vict. c. 18. Criminal Procedure Act 1865. In section 6, the words from “and a certificate” onwards. 34 & 35 Vict. c. 112. Prevention of Crimes Act 1871. Section 18 except the words “A previous conviction in any one part of the United Kingdom may be proved against a prisoner in any other part of the United Kingdom.”.
Chapter Short title Extent of repeal 16 & 17 Vict. c. 83. Evidence (Amendment) Act 1853. Section 3. 46 & 47 Vict. c. 3. Explosive Substances Act 1883. Section 4(2). 58 & 59 Vict. c. 24. Law of Distress Amendment Act 1895. Section 5. 61 & 62 Vict. c. 36. Criminal Evidence Act 1898. In section 1, the words “and the wife or husband, as the case may be, of the person so charged” the words (in paragraph (b)) “or of the wife or husband, as the case may be, of the person so charged” and paragraphs (c) and (d). Section 4. In section 6(1), the words from “notwithstanding” to the end. The Schedule. 4 & 5 Geo. 5, c. 58. Criminal Justice Administration Act 1914. Section 28(3). 19 & 20 Geo. 5. c. 34. Infant Life (Preservation) Act 1929. Section 2(5). 23 & 24 Geo. 5. c. 12. Children and Young Persons Act 1933. Section 15. Section 26(5). 4 & 5 Eliz. 2. c. 69. Sexual Offences Act 1956. Section 12(2) and (3). Section 15(4) and (5). Section 16(2) and (3). Section 39. In Schedule 3, the entry relating to section 15 of the Children and Young Persons Act 1933. 8 & 9 Eliz. 2. c. 33. Indecency with Children Act 1960. In section 1, subsection (2) and in subsection (3) the words “except in section 15 (which relates to the competence as a witness of the wife or husband of the accused)”. 1965 c. 72. Matrimonial Causes Act 1965. Section 43(1). 1968 c. 60. Theft Act 1968. Section 30(3). 1970 c. 55. Family Income Supplements Act 1970. Section 12(5). 1973 c. 38. Social Security Act 1973. In Schedule 23, paragraph 4. 1975 c. 14. Social Security Act 1975. Section 147(6). 1975 c. 16. Industrial Injuries and Diseases (Old Cases) Act 1975. Section 10(4). 1975 c. 61. Child Benefit Act 1975. Section 11(8). 1976 c. 71. Supplementary Benefits Act 1976. Section 26(5). 1977 c. 45. Criminal Law Act 1977. In section 54(3), the words “subsection (2) (competence of spouse of accused to give evidence)”. 1978 c. 37. Protection of Children Act 1978. Section 2(1). 1979 c. 18. Social Security Act 1979. Section 16. 1980 c. 43. Magistrates’ Courts Act 1980. In Schedule 7, paragraph 4. 1982 c. 24. Social Security and Housing Benefits Act 1982. Section 21(6).
Chapter Short title Extent of repeal 2 & 3 Vict. c. 47. Metropolitan Police Act 1839. Section 7. 34 & 35 Vict. c. 96. Pedlars Act 1871. In section 18, the words from “or” where secondly occurring to “Act,” and the words from “and forthwith” to the end of the section. 1964 c. 48. Police Act 1964. Section 49. Section 50. 1967 c. 77. Police (Scotland) Act 1967. Section 5(3) and section 17(6). 1972 c. 11. Superannuation Act 1972. In Schedule 1, the reference to the Police Complaints Board. 1975 c. 24. House of Commons Disqualification Act 1975. In Part II of Schedule 1, the entry relating to the Police Complaints Board. 1975 c. 25. Northern Ireland Assembly Disqualification Act 1975. In Part II of Schedule 1, the entry relating to the Police Complaints Board. 1976 c. 46. Police Act 1976. section 1(1) to (4). Sections 2 to 13. Section 14(2). In the Schedule, paragraphs 1 to 3, in paragraph 4, the words “remuneration” and “allowances” and paragraphs 5 to 13.
before the sample is taken, an officer shall inform him of—
the reason for taking the sample;
the power by virtue of which it is taken; and
in a case where the authorisation of an officer is required for the exercise of the power, the fact that the authorisation has been given; and
those matters shall be recorded as soon as practicable after the sample is taken.
proceedings before a Standing Civilian Court.
“independent person” does not include a police officer or a person employed for, or engaged on, police purposes;
section 5(3) of the Misuse of Drugs Act 1971 (possession of controlled drug with intent to supply to another); or
a social worker of a local authority . . . ; or
a document setting out the evidence which a person could be expected to give as a witness has been prepared for the purpose of any pending or contemplated proceedings ; and
it falls within subsection (1) of section 68 above,
section 68(2) of the Customs and Excise Management Act 1979 (exportation etc. with intent to evade a prohibition or restriction);
a registered medical practitioner; or
a registered nurse.
Where the appropriate consent to a drug offence search of any person was refused without good cause, in any proceedings against that person for an offence— may draw such inferences from the refusal as appear proper.
the court, in determining whether there is a case to answer;
a judge, in deciding whether to grant an application made by the accused under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal); and
the court or jury, in determining whether that person is guilty of the offence charged,
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If an officer of at least the rank of inspector authorises it, a person who is detained in a police station may be searched or examined, or both—
for the purpose of ascertaining whether he has any mark that would tend to identify him as a person involved in the commission of an offence; or
for the purpose of facilitating the ascertainment of his identity.
An officer may only give an authorisation under subsection (1) for the purpose mentioned in paragraph (a) of that subsection if—
the appropriate consent to a search or examination that would reveal whether the mark in question exists has been withheld; or
it is not practicable to obtain such consent.
An officer may only give an authorisation under subsection (1) in a case in which subsection (2) does not apply if—
the person in question has refused to identify himself; or
the officer has reasonable grounds for suspecting that that person is not who he claims to be.
An officer may give an authorisation under subsection (1) orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
Any identifying mark found on a search or examination under this section may be photographed—
with the appropriate consent; or
if the appropriate consent is withheld or it is not practicable to obtain it, without it.
Where a search or examination may be carried out under this section, or a photograph may be taken under this section, the only persons entitled to carry out the search or examination, or to take the photograph, are constables
A person may not under this section carry out a search or examination of a person of the opposite sex or take a photograph of any part of the body of a person of the opposite sex.
An intimate search may not be carried out under this section.
A photograph taken under this section—
may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution; and
after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related.
In subsection —
the reference to crime includes a reference to any conduct which— and
constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or
is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences;
the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.
In this section—
references to ascertaining a person’s identity include references to showing that he is not a particular person; and
references to taking a photograph include references to using any process by means of which a visual image may be produced, and references to photographing a person shall be construed accordingly.
In this section “mark” includes features and injuries; and a mark is an identifying mark for the purposes of this section if its existence in any person’s case facilitates the ascertainment of his identity or his identification as a person involved in the commission of an offence.
Nothing in this section applies to a person arrested under an extradition arrest power.
Where a person has been arrested and is being held in custody in a police station or other premises, he shall be entitled, if he so requests, to have one friend or relative or other person who is known to him or who is likely to take an interest in his welfare told, as soon as is practicable except to the extent that delay is permitted by this section, that he has been arrested and is being detained there.
Delay is only permitted—
in the case of a person who is in police detention for an indictable offence; and
if an officer of at least the rank of inspector authorises it.
In any case the person in custody must be permitted to exercise the right conferred by subsection (1) above within 36 hours from the relevant time, as defined in section 41(2) above.
An officer may give an authorisation under subsection (2) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
Subject to sub-section (5A) below An officer may only authorise delay where he has reasonable grounds for believing that telling the named person of the arrest—
will lead to interference with or harm to evidence connected with an indictable offence or interference with or physical injury to other persons; or
will lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or
will hinder the recovery of any property obtained as a result of such an offence.
If a delay is authorised—
the detained person shall be told the reason for it; and
the reason shall be noted on his custody record.
An officer may also authorise delay where he has reasonable grounds for believing that—
the person detained for the indictable offence has benefited from his criminal conduct, and
the recovery of the value of the property constituting the benefit will be hindered by telling the named person of the arrest.
The duties imposed by subsection (6) above shall be performed as soon as is practicable.
For the purposes of subsection (5A) above the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 of the Proceeds of Crime Act 2002.
The rights conferred by this section on a person detained at a police station or other premises are exercisable whenever he is transferred from one place to another; and this section applies to each subsequent occasion on which they are exercisable as it applies to the first such occasion.
There may be no further delay in permitting the exercise of the right conferred by subsection (1) above once the reason for authorising delay ceases to subsist.
Nothing in this section applies to a person arrested or detained under the terrorism provisions or under section 27 of the National Security Act 2023, or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.
In its application to a person who has been arrested or detained under the terrorism provisions—
subsection (2)(a) above shall have effect as if for the words " for a serious arrestable offence " there were substituted the words " under the terrorism provisions " ;
subsection (3) above shall have effect as if for the words from " within" onwards there were substituted the words " before the end of the period beyond which he may no longer be detained without the authority of the Secretary of State " ; and
subsection (5) above shall have effect as if at the end there were added " or
will lead to interference with the gathering of information about the commission, preparation or instigation of acts of terrorism; or
by alerting any person, will make it more difficult—
to prevent an act of terrorism ; or
to secure the apprehension, prosecution or conviction of any person in connection with the commission, preparation or instigation of an act of terrorism.".
A constable may search at any time—
any person who is at a police station to answer to live link bail; and
any article in the possession of such a person.
If the constable reasonably believes a thing in the possession of the person ought to be seized on any of the grounds mentioned in subsection (3), the constable may seize and retain it or cause it to be seized and retained.
The grounds are that the thing—
may jeopardise the maintenance of order in the police station;
may put the safety of any person in the police station at risk; or
may be evidence of, or in relation to, an offence.
The constable may record or cause to be recorded all or any of the things seized and retained pursuant to subsection (2).
An intimate search may not be carried out under this section.
The constable carrying out a search under subsection (1) must be of the same sex as the person being searched.
In this section “live link bail” means bail granted under Part 4 of this Act subject to the duty mentioned in section 47(3)(b).
The following subsections shall be substituted for section 34(2) of the Children and Young Persons Act 1933—.
Except as provided by subsections (2) and (3), a constable may retain a thing seized under section 54B until the time when the person from whom it was seized leaves the police station.
A constable may retain a thing seized under section 54B in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.
If a thing seized under section 54B may be evidence of, or in relation to, an offence, a constable may retain it—
for use as evidence at a trial for an offence; or
for forensic examination or for investigation in connection with an offence.
Nothing may be retained for either of the purposes mentioned in subsection (3) if a photograph or copy would be sufficient for that purpose.
Nothing in this section affects any power of a court to make an order under section 1 of the Police (Property) Act 1897.
The references in this section to anything seized under section 54B include anything seized by a person to whom paragraph 27A of Schedule 4 to the Police Reform Act 2002 applies.
A person arrested and held in custody in a police station or other premises shall be entitled, if he so requests, to consult a solicitor privately at any time.
Subject to subsection (3) below, a request under subsection (1) above and the time at which it was made shall be recorded in the custody record.
Such a request need not be recorded in the custody record of a person who makes it at a time while he is at a court after being charged with an offence.
If a person makes such a request, he must be permitted to consult a solicitor as soon as is practicable except to the extent that delay is permitted by this section.
In any case he must be permitted to consult a solicitor within 36 hours from the relevant time, as defined in section 41(2) above.
Delay in compliance with a request is only permitted—
in the case of a person who is in police detention for an indictable offence; and
if an officer of at least the rank of superintendent authorises it.
An officer may give an authorisation under subsection (6) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
Subject to sub-section (8A) below An officer may only authorise delay where he has reasonable grounds for believing that the exercise of the right conferred by subsection (1) above at the time when the person detained desires to exercise it—
will lead to interference with or harm to evidence connected with an indictable offence or interference with or physical injury to other persons; or
will lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or
will hinder the recovery of any property obtained as a result of such an offence.
If delay is authorised—
the detained person shall be told the reasons for it; and
the reason shall be noted on his custody record.
An officer may also authorise delay where he has reasonable grounds for believing that—
the person detained for the indictable offence has benefited from his criminal conduct, and
the recovery of the value of the property constituting the benefit will be hindered by the exercise of the right conferred by subsection (1) above.
The duties imposed by subsection (9) above shall be performed as soon as is practicable.
For the purposes of subsection (8A) above the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 of the Proceeds of Crime Act 2002.
There may be no further delay in permitting the exercise of the right conferred by subsection (1) above once the reason for authorising delay ceases to subsist.
Nothing in this section applies to a person arrested or detained under the terrorism provisions or under section 27 of the National Security Act 2023, or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.
In the application of this section to a person who has been arrested or detained under the terrorism provisions—
subsection (5) above shall have effect as if for the words from " within" onwards there were substituted the words " before the end of the period beyond which he may no longer be detained without the authority of the Secretary of State " ;
subsection (6)(a) above shall have effect as if for the words " for a serious arrestable offence " there were substituted the words " under the terrorism provisions " ; and
subsection (8) above shall have effect as if at the end there were added ““ or
will lead to interference with the gathering of information about the commission, preparation or instigation of acts of terrorism; or
by alerting any person, will make it more difficult—
to prevent an act of terrorism ; or
to secure the apprehension, prosecution or conviction of any person in connection with the commission, preparation or instigation of an act of terrorism.".
If an officer of appropriate rank has reasonable grounds for believing that, unless he gives a direction under subsection (15) below, the exercise by a person arrested or detained under the terrorism provisions of the right conferred by subsection (1) above will have any of the consequences specified in subsection (8) above (as it has effect by virtue of subsection (13) above), he may give a direction under that subsection.
A direction under this subsection is a direction that a person desiring to exercise the right conferred by subsection (1) above may only consult a solicitor in the sight and hearing of a qualified officer of the uniformed branch of the force of which the officer giving the direction is a member.
An officer is qualified for the purpose of subsection (15) above if—
he is of at least the rank of inspector; and
in the opinion of the officer giving the direction he has no connection with the case.
An officer is of appropriate rank to give a direction under subsection (15) above if he is of at least the rank of Commander or Assistant Chief Constable.
A direction under subsection (15) above shall cease to have effect once the reason for giving it ceases to subsist.
in subsection (1) the following paragraph shall be inserted after paragraph (a)—;
in paragraph (b) after the word " representation" there shall be inserted the words " or advice and assistance " ;
the following subsection shall be inserted after that subsection—; and
in subsection (5) for the words " such arrangements as are mentioned in subsection (1) above " there shall be substituted the words " arrangements made under subsection (1) above for the provision of advice and representation at the court " .
If an officer of at least the rank of inspector has reasonable grounds for believing that a person who has been arrested for an offence and is in police detention— the officer may authorise that an x-ray is taken of the person or an ultrasound scan is carried out on the person (or both).
may have swallowed a Class A drug, and
was in possession of it with the appropriate criminal intent before his arrest,
An x-ray must not be taken of a person and an ultrasound scan must not be carried out on him unless the appropriate consent has been given in writing.
If it is proposed that an x-ray is taken or an ultrasound scan is carried out, an appropriate officer must inform the person who is to be subject to it—
of the giving of the authorisation for it, and
of the grounds for giving the authorisation.
An x-ray may be taken or an ultrasound scan carried out only by a suitably qualified person and only at—
a hospital,
a registered medical practitioner's surgery, or
some other place used for medical purposes.
The custody record of the person must also state—
the authorisation by virtue of which the x-ray was taken or the ultrasound scan was carried out,
the grounds for giving the authorisation, and
the fact that the appropriate consent was given.
The information required to be recorded by subsection (5) must be recorded as soon as practicable after the x-ray has been taken or ultrasound scan carried out (as the case may be).
Every annual report— must contain information about x-rays which have been taken and ultrasound scans which have been carried out under this section in the area to which the report relates during the period to which it relates.
under section 22 of the Police Act 1996, or
made by the Commissioner of Police of the Metropolis,
The information about such x-rays and ultrasound scans must be presented separately and must include—
the total number of x-rays;
the total number of ultrasound scans;
the results of the x-rays;
the results of the ultrasound scans.
If the appropriate consent to an x-ray or ultrasound scan of any person is refused without good cause, in any proceedings against that person for an offence— may draw such inferences from the refusal as appear proper.
the court, in determining whether there is a case to answer,
a judge, in deciding whether to grant an application made by the accused under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal), and
the court or jury, in determining whether that person is guilty of the offence charged,
In this section “the appropriate criminal intent”, “appropriate officer”, “Class A drug” and “suitably qualified person” have the same meanings as in section 55 above.
It shall be the duty of the Secretary of State—
to issue a code of practice in connection with theaudio recording of interviews of persons suspected of the commission of criminal offences which are held by police officers at police stations; and
to make an order requiring the audio recording of interviews of persons suspected of the commission of criminal offences, or of such descriptions of criminal offences as may be specified in the order, which are so held, in accordance with the code as it has effect for the time being.
An order under subsection (1) above shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Except as provided by this section no person’s fingerprints may be taken without the appropriate consent.
Consent to the taking of a person’s fingerprints must be in writing if it is given at a time when he is at a police station.
The fingerprints of a person detained at a police station may be taken without the appropriate consent if—
he is detained in consequence of his arrest for a recordable offence; and
he has not had his fingerprints taken in the course of the investigation of the offence by the police.
he has been charged with a recordable offence or informed that he will be reported for such an offence; and
he has not had his fingerprints taken in the course of the investigation of the offence by the police.
The fingerprints of a person detained at a police station may be taken without the appropriate consent if—
he has been charged with a recordable offence or informed that he will be reported for such an offence; and
he has not had his fingerprints taken in the course of the investigation of the offence by the police.
Where a person mentioned in paragraph (a) of subsection (3) or (4) has already had his fingerprints taken in the course of the investigation of the offence by the police, that fact shall be disregarded for the purposes of that subsection if—
the fingerprints taken on the previous occasion do not constitute a complete set of his fingerprints; or
some or all of the fingerprints taken on the previous occasion are not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally).
An officer may give an authorisation under subsection (4A) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
Subject to this section, the fingerprints of a person may be taken without the appropriate consent if (before or after the coming into force of this subsection)— either of the conditions mentioned in subsection (6ZA) below is met.
he has been convicted of a recordable offence, or
he has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted, and
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The fingerprints of a person who has answered to bail at a court or police station may be taken without the appropriate consent at the court or station if— authorises them to be taken.
the court, or
an officer of at least the rank of inspector,
Where a person's fingerprints are taken without the appropriate consent by virtue of any power conferred by this section—
before the fingerprints are taken, the person shall be informed of—
the reason for taking the fingerprints;
the power by virtue of which they are taken; and
in a case where the authorisation of the court or an officer is required for the exercise of the power, the fact that the authorisation has been given; and
those matters shall be recorded as soon as practicable after the fingerprints are taken.
A court or officer may only give an authorisation under subsection (4A) if—
the person who has answered to bail has answered to it for a person whose fingerprints were taken on a previous occasion and there are reasonable grounds for believing that he is not the same person; or
the person who has answered to bail claims to be a different person from a person whose fingerprints were taken on a previous occasion.
If he is detained at a police station when the fingerprints are taken, the matters referred to in subsection (7)(a)(i) to (iii) above and, in the case falling within subsection (7A) above, the fact referred to in paragraph (b) of that subsection shall be recorded on his custody record.
Nothing in this section—
affects any power conferred by paragraph 18(2) of Schedule 2 to the Immigration Act 1971; or
applies to a person arrested or detained under the terrorism provisions or under section 27 of the National Security Act 2023, or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.
The fingerprints of a person may be taken without the appropriate consent if (before or after the coming into force of this subsection) he has been arrested for a recordable offence and released and—
... he has not had his fingerprints taken in the course of the investigation of the offence by the police; or
... he has had his fingerprints taken in the course of that investigation but
subsection (3A)(a) or (b) above applies, or
subsection (5C) below applies.
The fingerprints of a person not detained at a police station may be taken without the appropriate consent if (before or after the coming into force of this subsection) he has been charged with a recordable offence or informed that he will be reported for such an offence and—
he has not had his fingerprints taken in the course of the investigation of the offence by the police; or
he has had his fingerprints taken in the course of that investigation but
subsection (3A)(a) or (b) above applies, or
subsection (5C) below applies.
This subsection applies where—
the investigation was discontinued but subsequently resumed, and
before the resumption of the investigation the fingerprints were destroyed pursuant to section 63D(3) below.
The conditions referred to in subsection (6) above are—
the person has not had his fingerprints taken since he was convicted, or cautioned;
he has had his fingerprints taken since then but subsection (3A)(a) or (b) above applies.
Fingerprints may only be taken as specified in subsection (6) above with the authorisation of an officer of at least the rank of inspector.
An officer may only give an authorisation under subsection (6ZB) above if the officer is satisfied that taking the fingerprints is necessary to assist in the prevention or detection of crime.
A constable may take a person's fingerprints without the appropriate consent if—
the constable reasonably suspects that the person is committing or attempting to commit an offence, or has committed or attempted to commit an offence; and
either of the two conditions mentioned in subsection (6B) is met.
The conditions are that—
the name of the person is unknown to, and cannot be readily ascertained by, the constable;
the constable has reasonable grounds for doubting whether a name furnished by the person as his name is his real name.
The taking of fingerprints by virtue of subsection (6A) does not count for any of the purposes of this Act as taking them in the course of the investigation of an offence by the police.
Subject to this section, the fingerprints of a person may be taken without the appropriate consent if—
under the law in force in a country or territory outside England and Wales the person has been convicted of an offence under that law (whether before or after the coming into force of this subsection and whether or not he has been punished for it);
the act constituting the offence would constitute a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted); and
either of the conditions mentioned in subsection (6E) below is met.
The conditions referred to in subsection (6D)(c) above are—
the person has not had his fingerprints taken on a previous occasion under subsection (6D) above;
he has had his fingerprints taken on a previous occasion under that subsection but subsection (3A)(a) or (b) above applies.
Fingerprints may only be taken as specified in subsection (6D) above with the authorisation of an officer of at least the rank of inspector.
An officer may only give an authorisation under subsection (6F) above if the officer is satisfied that taking the fingerprints is necessary to assist in the prevention or detection of crime.
If a person’s fingerprints are taken at a police station, or by virtue of subsection (4A), (6A) at a place other than a police station, whether with or without the appropriate consent—
before the fingerprints are taken, an officer (or, where by virtue of subsection (4A), (6A) or (6BA) the fingerprints are taken at a place other than a police station, the constable taking the fingerprints) shall inform him that they may be the subject of a speculative search; and
the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the fingerprints have been taken.
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Any power under this section to take the fingerprints of a person without the appropriate consent, if not otherwise specified to be exercisable by a constable, shall be exercisable by a constable.
Nothing in this section applies to a person arrested under an extradition arrest power.
Subject to section 63B below An intimate sample may be taken from a person in police detention only—
if a police officer of at least the rank of inspector authorises it to be taken; and
if the appropriate consent is given.
An officer may only give an authorisation under subsection (1) or (1A) above if he has reasonable grounds—
for suspecting the involvement of the person from whom the sample is to be taken in a recordable offence; and
for believing that the sample will tend to confirm or disprove his involvement.
An intimate sample may be taken from a person who is not in police detention but from whom, in the course of the investigation of an offence, two or more non-intimate samples suitable for the same means of analysis have been taken which have proved insufficient—
if a police officer of at least the rank of inspector authorises it to be taken; and
if the appropriate consent is given.
An officer may give an authorisation under subsection (1) or (1A) or (2A) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
The appropriate consent must be given in writing.
An intimate sample may be taken from a person where—
two or more non-intimate samples suitable for the same means of analysis have been taken from the person under section 63(3E) below (persons convicted of offences outside England and Wales etc ) but have proved insufficient;
a police officer of at least the rank of inspector authorises it to be taken; and
the appropriate consent is given.
Before an intimate sample is taken from a person, an officer shall inform him of the following—
a relative, guardian or other person responsible for the appropriate adult’s care,
of the giving of the authorisation ; and
a copy of the complaint or of the record of the complaint ; and
the accused is a member of the metropolitan police force; and
of the grounds for giving it.
a copy of the report of the investigation.
the function of determining whether he is guilty of the charge would, apart from this section, fall to be discharged by a person or persons other than a chief officer of police (whether the Commissioner of Police of the Metropolis or the chief officer of another police force),
if the sample was taken at a police station, the fact that the sample may be the subject of a speculative search.
An officer may only give an authorisation under subsection (2A) above if the officer is satisfied that taking the sample is necessary to assist in the prevention or detection of crime.
The reason referred to in subsection (5)(a) above must include, except in a case where the sample is taken under subsection (2A) above, a statement of the nature of the offence in which it is suspected that the person has been involved.
After an intimate sample has been taken from a person, the following shall be recorded as soon as practicable—
the matters referred to in subsection (5)(a) and (b) above;
if the sample was taken at a police station, the fact that the person has been informed as specified in subsection (5)(c) above; and
the fact that the appropriate consent was given.
If an intimate sample is taken from a person detained at a police station, the matters required to be recorded by subsection (7) ... above shall be recorded in his custody record.
In the case of an intimate sample which is a dental impression, the sample may be taken from a person only by a registered dentist.
Where the appropriate consent to the taking of an intimate sample from person was refused without good cause, in any proceedings against that person for an offence— may draw such inferences from the refusal as appear proper ... .
the court, in determining—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
whether there is a case to answer; and
the court or jury, in determining whether that person is guilty of the offence charged,
a judge, in deciding whether to grant an application made by the accused under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal); and
Nothing in this section applies to the taking of a specimen for the purposes of any of the provisions of sections 4 to 11 of the Road Traffic Act 1988 or of sections 26 to 38 of the Transport and Works Act 1992 .
In the case of any other form of intimate sample, except in the case of a sample of urine, the sample may be taken from a person only by—
a registered medical practitioner; or
a registered health care professional.
Nothing in this section applies to a person arrested or detained under the terrorism provisions; and subsection (1A) shall not apply where the non-intimate samples mentioned in that subsection were taken under paragraph 10 of Schedule 8 to the Terrorism Act 2000.
Nothing in this section applies to a person detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019; and subsection (1A) does not apply where the non-intimate samples mentioned in that subsection were taken under Part 2 of that Schedule.
Nothing in this section applies to a person arrested or detained under section 27 of the National Security Act 2023; and subsection (1A) does not apply where the non-intimate samples mentioned in that subsection were taken under paragraph 10 of Schedule 6 to that Act.
Except as provided by this section, a non-intimate sample may not be taken from a person without the appropriate consent.
Consent to the taking of a non-intimate sample must be given in writing.
A non-intimate sample may be taken from a person without the appropriate consent if—
he . . . is being held in custody by the police on the authority of a court; and
an officer of at least the rank of inspector authorises it to be taken without the appropriate consent.
A non-intimate sample may be taken from a person without the appropriate consent if two conditions are satisfied.
An officer may only give an authorisation under subsection (3) above if he has reasonable grounds—
for suspecting the involvement of the person from whom the sample is to be taken in a recordable offence; and
for believing that the sample will tend to confirm or disprove his involvement.
The first is that the person is in police detention in consequence of his arrest for a recordable offence.
An officer may give an authorisation under subsection (3) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
The second is that—
he has not had a non-intimate sample of the same type and from the same part of the body taken in the course of the investigation of the offence by the police, or
he has had such a sample taken but it proved insufficient.
Where a non-intimate sample is taken from a person without the appropriate consent by virtue of any power conferred by this section—
The reason referred to in subsection (6)(a)(i) above must include, except in a case where the non-intimate sample is taken under subsection (3B) or (3E) above, a statement of the nature of the offence in which it is suspected that the person has been involved.
A non-intimate sample may be taken from a person without the appropriate consent if (before or after the coming into force of this subsection) he has been arrested for a recordable offence and released and—
... he has not had a non-intimate sample of the same type and from the same part of the body taken from him in the course of the investigation of the offence by the police; or
... he has had a non-intimate sample taken from him in the course of that investigation but—
it was not suitable for the same means of analysis, or
it proved insufficient., or
subsection (3AA) below applies.
If a non-intimate sample is taken from a person by virtue of subsection (3) above— shall be recorded as soon as is practicable after the sample is taken.
the authorisation by virtue of which it was taken; and
the grounds for giving the authorisation,
A non-intimate sample may be taken from a person (whether or not he is in police detention or held in custody by the police on the authority of a court) without the appropriate consent if he has been charged with a recordable offence or informed that he will be reported for such an offence and—
he has not had a non-intimate sample taken from him in the course of the investigation of the offence by the police; or
he has had a non-intimate sample taken from him in the course of that investigation but—
it was not suitable for the same means of analysis, or
it proved insufficient, or
subsection (3AA) below applies; or
he has had a non-intimate sample taken from him in the course of that investigation and—
the sample has been destroyed pursuant to section 63R below or any other enactment, and
it is disputed, in relation to any proceedings relating to the offence, whether a DNA profile relevant to the proceedings is derived from the sample.
If a non-intimate sample is taken from a person detained at a police station, the matters required to be recorded by subsection (6) or (8B) above shall be recorded in his custody record.
This subsection applies where the investigation was discontinued but subsequently resumed, and before the resumption of the investigation—
any DNA profile derived from the sample was destroyed pursuant to section 63D(3) below, and
the sample itself was destroyed pursuant to section 63R(4), (5) or (12) below.
Subject to this section, a non-intimate sample may be taken from a person without the appropriate consent if (before or after the coming into force of this subsection)— either of the conditions mentioned in subsection (3BA) below is met.
he has been convicted of a recordable offence, or
he has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted, and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The conditions referred to in subsection (3B) above are—
a non-intimate sample has not been taken from the person since he was convicted or cautioned;
such a sample has been taken from him since then but—
it was not suitable for the same means of analysis, or
it proved insufficient.
A non-intimate sample may only be taken as specified in subsection (3B) above with the authorisation of an officer of at least the rank of inspector.
An officer may only give an authorisation under subsection (3BB) above if the officer is satisfied that taking the sample is necessary to assist in the prevention or detection of crime.
A non-intimate sample may also be taken from a person without the appropriate consent if he is a person to whom section 2 of the Criminal Evidence (Amendment) Act 1997 applies (persons detained following acquittal on grounds of insanity or finding of unfitness to plead).
Subject to this section, a non-intimate sample may be taken without the appropriate consent from a person if—
under the law in force in a country or territory outside England and Wales the person has been convicted of an offence under that law (whether before or after the coming into force of this subsection and whether or not he has been punished for it);
the act constituting the offence would constitute a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted); and
either of the conditions mentioned in subsection (3F) below is met.
The conditions referred to in subsection (3E)(c) above are—
the person has not had a non-intimate sample taken from him on a previous occasion under subsection (3E) above;
he has had such a sample taken from him on a previous occasion under that subsection but—
the sample was not suitable for the same means of analysis, or
it proved insufficient.
A non-intimate sample may only be taken as specified in subsection (3E) above with the authorisation of an officer of at least the rank of inspector.
An officer may only give an authorisation under subsection (3G) above if the officer is satisfied that taking the sample is necessary to assist in the prevention or detection of crime.
An officer shall not give an authorisation under subsection (3) above for the taking from any person of a non-intimate sample consisting of a skin impression if—
a skin impression of the same part of the body has already been taken from that person in the course of the investigation of the offence; and
the impression previously taken is not one that has proved insufficient.
If a non-intimate sample is taken from a person at a police station, whether with or without the appropriate consent—
before the sample is taken, an officer shall inform him that it may be the subject of a speculative search; and
the fact that the person has been informed of this possibility shall be recorded as soon as practicable after the sample has been taken.
The power to take a non-intimate sample from a person without the appropriate consent shall be exercisable by any constable.
Subsection (3B) above shall not apply to
any person convicted before 10th April 1995 unless he is a person to whom section 1 of the Criminal Evidence (Amendment) Act 1997 applies (persons imprisoned or detained by virtue of pre-existing conviction for sexual offence etc.). ; or
a person given a caution before 10th April 1995.
Nothing in this section applies to a person arrested or detained under the terrorism provisions or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.
Nothing in this section applies to a person arrested or detained under section 27 of the National Security Act 2023.
Nothing in this section applies to a person arrested under an extradition arrest power.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If— they must be destroyed as soon as is practicable after the conclusion of the proceedings.
fingerprints or samples are taken from a person in connection with the investigation of an offence ; and
he is cleared of that offence,
If— they must be destroyed as soon as is practicable after that decision is taken.
fingerprints or samples are taken from a person in connection with such an investigation; and
it is decided that he shall not be prosecuted for the offence and he has not admitted it and been dealt with by way of being cautioned by a constable,
If— they must be destroyed as soon as they have fulfilled the purpose for which they were taken.
fingerprints or samples are taken from a person in connection with the investigation of an offence ; and
that person is not suspected of having committed the offence,
Proceedings which are discontinued are to be treated as concluded for the purposes of this section.
If fingerprints are destroyed, any copies of them shall also be destroyed.
A person who asks to be allowed to witness the destruction of his fingerprints or copies of them shall have a right to witness it.
Nothing in this section—
affects any power conferred by paragraph 18(2) of Schedule 2 to the Immigration Act 1971; or
applies to a person arrested or detained under the terrorism provisions.
“appropriate adult”, in relation to a person aged under 18, means—
which— is not a qualifying offence, is the only recordable offence of which the person has been convicted, and was committed when the person was aged under 18, and
related to conduct which was the subject of a complaint ; and
was not supervised by the Authority,
In this Part of this Act—
A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.
An order under subsection (1) shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
References in this Part of this Act to a sample’s proving insufficient include references to where, as a consequence of— the sample has become unavailable or insufficient for the purpose of enabling information, or information of a particular description, to be obtained by means of analysis of the sample.
the loss, destruction or contamination of the whole or any part of the sample,
any damage to the whole or a part of the sample, or
the use of the whole or a part of the sample for an analysis which produced no results or which produced results some or all of which must be regarded, in the circumstances, as unreliable,
In subsection (2), the reference to the destruction of a sample does not include a reference to the destruction of a sample under section 63R (requirement to destroy samples).
Any reference in sections 63F, 63H, 63P or 63U to a person being charged with an offence includes a reference to a person being informed that the person will be reported for an offence.
For the purposes of this Part, a person has in particular been convicted of an offence under the law of a country or territory outside England and Wales if—
a court exercising jurisdiction under the law of that country or territory has made in respect of such an offence a finding equivalent to a finding that the person is not guilty by reason of insanity; or
such a court has made in respect of such an offence a finding equivalent to a finding that the person is under a disability and did the act charged against him in respect of the offence.
The Secretary of State shall have power—
to issue a code of practice for the visual recording of interviews held by police officers at police stations; and
to make an order requiring the visual recording of interviews so held, and requiring the visual recording to be in accordance with the code for the time being in force under this section.
A requirement imposed by an order under this section may be imposed in relation to such cases or police stations in such areas, or both, as may be specified or described in the order.
An order under subsection (1) above shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
references to any interview are references to an interview of a person suspected of a criminal offence; and
references to a visual recording include references to a visual recording in which an audio recording is comprised.
This section applies where—
a person suspected of the commission of a criminal offence is interviewed by a police officer but is not arrested for the offence, and
the police officer in charge of investigating the offence determines that—
there is not sufficient evidence to charge the person with an offence, or
there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.
A police officer must give the person notice in writing that the person is not to be prosecuted.
Subsection (2) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
In this section “caution” includes—
a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003;
a youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998;
a youth caution under section 66ZA of that Act.
Except as provided by this section, no impression of a person's footwear may be taken without the appropriate consent.
Consent to the taking of an impression of a person's footwear must be in writing if it is given at a time when he is at a police station.
Where a person is detained at a police station, an impression of his footwear may be taken without the appropriate consent if—
he is detained in consequence of his arrest for a recordable offence, or has been charged with a recordable offence, or informed that he will be reported for a recordable offence; and
he has not had an impression taken of his footwear in the course of the investigation of the offence by the police.
Where a person mentioned in paragraph (a) of subsection (3) above has already had an impression taken of his footwear in the course of the investigation of the offence by the police, that fact shall be disregarded for the purposes of that subsection if the impression of his footwear taken previously is—
incomplete; or
is not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally).
If an impression of a person's footwear is taken at a police station, whether with or without the appropriate consent—
before it is taken, an officer shall inform him that it may be the subject of a speculative search; and
the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the impression has been taken, and if he is detained at a police station, the record shall be made on his custody record.
In a case where, by virtue of subsection (3) above, an impression of a person's footwear is taken without the appropriate consent—
he shall be told the reason before it is taken; and
the reason shall be recorded on his custody record as soon as is practicable after the impression is taken.
The power to take an impression of the footwear of a person detained at a police station without the appropriate consent shall be exercisable by any constable.
Nothing in this section applies to any person—
arrested or detained under the terrorism provisions or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019;
arrested under an extradition arrest power.
Where a person has been arrested on suspicion of being involved in a recordable offence or has been charged with such an offence or has been informed that he will be reported for such an offence, fingerprints , impressions of footwear or samples or the information derived from samples taken under any power conferred by this Part of this Act from the person may be checked against—
other fingerprints , impressions of footwear or samples to which the person seeking to check has access and which are held by or on behalf of any one or more relevant law-enforcement authorities or which are held in connection with or as a result of an investigation of an offence;
information derived from other samples if the information is contained in records to which the person seeking to check has access and which are held as mentioned in paragraph (a) above.
Fingerprints taken by virtue of section 61(6A) above may be checked against other fingerprints to which the person seeking to check has access and which are held by or on behalf of any one or more relevant law-enforcement authorities or which are held in connection with or as a result of an investigation of an offence.
In subsection (1) and (1ZA) above “ relevant law-enforcement authority ” means—
a police force;
the National Crime Agency ;
the tri-service serious crime unit;
a public authority (not falling within paragraphs (a) to (ba)) with functions in any part of the British Islands which consist of or include the investigation of crimes or the charging of offenders;
any person with functions in any country or territory outside the United Kingdom which—
correspond to those of a police force; or
otherwise consist of or include the investigation of conduct contrary to the law of that country or territory, or the apprehension of persons guilty of such conduct;
any person with functions under any international agreement which consist of or include the investigation of conduct which is— or the apprehension of persons guilty of such conduct.
unlawful under the law of one or more places,
prohibited by such an agreement, or
contrary to international law,
The reference in subsection (1A) above to a police force is a reference to any of the following—
any police force maintained under section 2 of the Police Act 1996 (c. 16) (police forces in England and Wales outside London);
the metropolitan police force;
the City of London police force;
the Police Service of Scotland;
the Police Service of Northern Ireland;
the Police Service of Northern Ireland Reserve;
the Ministry of Defence Police;
the Royal Navy Police;
the Royal Military Police;
the Royal Air Force Police;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the British Transport Police;
the States of Jersey Police Force;
the salaried police force of the Island of Guernsey;
the Isle of Man Constabulary.
In subsection (1A) “tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.
Where— the fingerprints or impressions of footwear or, as the case may be, those samples and that information may be checked against any of the fingerprints , impressions of footwear, samples or information mentioned in paragraph (a) or (b) of that subsection.
fingerprints , impressions of footwear or samples have been taken from any person in connection with the investigation of an offence but otherwise than in circumstances to which subsection (1) above applies, and
that person has given his consent in writing to the use in a speculative search of the fingerprints , of the impressions of footwear or of the samples and of information derived from them,
A consent given for the purposes of subsection (1C) above shall not be capable of being withdrawn.
Where fingerprints or samples have been taken from any person under section 61(6) or 63(3B) above (persons convicted etc ), the fingerprints or samples, or information derived from the samples, may be checked against any of the fingerprints, samples or information mentioned in subsection (1)(a) or (b) above.
Where fingerprints or samples have been taken from any person under section 61(6D), 62(2A) or 63(3E) above (offences outside England and Wales etc ), the fingerprints or samples, or information derived from the samples, may be checked against any of the fingerprints, samples or information mentioned in subsection (1)(a) or (b) above.
Where a sample of hair other than pubic hair is to be taken the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample.
Where any power to take a sample is exercisable in relation to a person the sample may be taken in a prison or other institution to which the Prison Act 1952 applies.
Where— the sample may be taken in the hospital in which he is detained under that Part of that Act. Expressions used in this subsection and in the Mental Health Act 1983 have the same meaning as in that Act.
the power to take a non-intimate sample under section 63(3B) above is exercisable in relation to any person who is detained under Part III of the Mental Health Act 1983 in pursuance of—
a hospital order or interim hospital order made following his conviction for the recordable offence in question, or
a transfer direction given at a time when he was detained in pursuance of any sentence or order imposed following that conviction, or
the power to take a non-intimate sample under section 63(3C) above is exercisable in relation to any person,
Where the power to take a non-intimate sample under section 63(3B) above is exercisable in relation to a person detained in pursuance of directions of the Secretary of State under section 92 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 260 of the Sentencing Code, the sample may be taken at the place where he is so detained.
Schedule 2A (fingerprinting and samples: power to require attendance at police station) shall have effect.
This section applies to a DNA profile which is derived from a DNA sample and which is retained under any power conferred by any of sections 63E to 63L (including those sections as applied by section 63P).
A DNA profile to which this section applies must be recorded on the National DNA Database.
The Secretary of State must make arrangements for a National DNA Database Strategy Board to oversee the operation of the National DNA Database.
The National DNA Database Strategy Board must issue guidance about the destruction of DNA profiles which are, or may be, retained under this Part of this Act.
A chief officer of a police force in England and Wales must act in accordance with guidance issued under subsection (2).
The National DNA Database Strategy Board may issue guidance about the circumstances in which applications may be made to the Commissioner for the Retention and Use of Biometric Material under section 63G.
Before issuing any such guidance, the National DNA Database Strategy Board must consult the Commissioner for the Retention and Use of Biometric Material.
The Secretary of State must publish the governance rules of the National DNA Database Strategy Board and lay a copy of the rules before Parliament.
The National DNA Database Strategy Board must make an annual report to the Secretary of State about the exercise of its functions.
The Secretary of State must publish the report and lay a copy of the published report before Parliament.
The Secretary of State may exclude from publication any part of the report if, in the opinion of the Secretary of State, the publication of that part would be contrary to the public interest or prejudicial to national security.
A person guilty of an offence under section 63B above shall be liable on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding level 4 on the standard scale, or to both.
A police officer may give an authorisation under section 63B above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
If a sample is taken under section 63B above by virtue of an authorisation, the authorisation and the grounds for the suspicion shall be recorded as soon as is practicable after the sample is taken.
If the sample is taken from a person detained at a police station, the matters required to be recorded by subsection (3) above shall be recorded in his custody record.
Subsections (11) and (12) of section 62 above apply for the purposes of section 63B above as they do for the purposes of that section; and section 63B above does not prejudice the generality of sections 62 and 63 above.
In Schedule 2B, “specified controlled drug” has the same meaning as in section 63B.
The Secretary of State may by regulations made by statutory instrument amend Schedule 2B.
Regulations under this section—
may make different provision for different purposes or different areas, and
may make transitional, transitory or saving provision.
A statutory instrument containing regulations under subsection (8) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
This section applies to—
fingerprints—
taken from a person under any power conferred by this Part of this Act, or
taken by the police, with the consent of the person from whom they were taken, in connection with the investigation of an offence by the police, and
a DNA profile derived from a DNA sample taken as mentioned in paragraph (a)(i) or (ii).
Fingerprints and DNA profiles to which this section applies (“section 63D material”) must be destroyed if it appears to the responsible chief officer of police that—
the taking of the fingerprint or, in the case of a DNA profile, the taking of the sample from which the DNA profile was derived, was unlawful, or
the fingerprint was taken, or, in the case of a DNA profile, was derived from a sample taken, from a person in connection with that person's arrest and the arrest was unlawful or based on mistaken identity.
In any other case, section 63D material must be destroyed unless it is retained under any power conferred by sections 63E to 63O (including those sections as applied by section 63P).
Section 63D material which ceases to be retained under a power mentioned in subsection (3) may continue to be retained under any other such power which applies to it.
Nothing in this section prevents a speculative search, in relation to section 63D material, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.
This section applies to section 63D material taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of an offence in which it is suspected that the person to whom the material relates has been involved.
The material may be retained until the conclusion of the investigation of the offence or, where the investigation gives rise to proceedings against the person for the offence, until the conclusion of those proceedings.
This section applies to section 63D material which—
relates to a person who is arrested for, or charged with, a qualifying offence but is not convicted of that offence, and
was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence.
If the person has previously been convicted of a recordable offence which is not an excluded offence, or is so convicted before the material is required to be destroyed by virtue of this section, the material may be retained indefinitely.
In subsection (2), references to a recordable offence include an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales (and, in the application of subsection (2) where a person has previously been convicted, this applies whether or not the act constituted such an offence when the person was convicted).
Otherwise, material falling within subsection (4) , (5) or (5A) may be retained until the end of the retention period specified in subsection (6).
Material falls within this subsection if it—
relates to a person who is charged with a qualifying offence but is not convicted of that offence, and
was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence.
Material falls within this subsection if—
it relates to a person who is arrested for a qualifying offence , other than a terrorism-related qualifying offence or a national security-related qualifying offence, but is not charged with that offence,
it was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence, and
the Commissioner for the Retention and Use of Biometric Material has consented under section 63G to the retention of the material.
Material falls within this subsection if—
it relates to a person who is arrested for a terrorism-related qualifying offence or a national security-related qualifying offence but is not charged with that offence, and
it was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence.
The retention period is—
in the case of fingerprints, the period of 3 years beginning with the date on which the fingerprints were taken, and
in the case of a DNA profile, the period of 3 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).
The responsible chief officer of police or a specified chief officer of police may apply to a District Judge (Magistrates' Courts) for an order extending the retention period.
An application for an order under subsection (7) must be made within the period of 3 months ending on the last day of the retention period.
An order under subsection (7) may extend the retention period by a period which—
begins with the end of the retention period, and
ends with the end of the period of 2 years beginning with the end of the retention period.
The following persons may appeal to the Crown Court against an order under subsection (7), or a refusal to make such an order—
the responsible chief officer of police;
a specified chief officer of police;
the person from whom the material was taken.
In this section—
For the purposes of the definition of “excluded offence” in subsection (11)—
references to a recordable offence or a qualifying offence include an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence or (as the case may be) a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted), and
in the application of paragraph (b) of that definition in relation to an offence under the law of a country or territory outside England and Wales, the reference to a relevant custodial sentence of 5 years or more is to be read as a reference to a sentence of imprisonment or other form of detention of 5 years or more.
The responsible chief officer of police may apply under subsection (2) or (3) to the Commissioner for the Retention and Use of Biometric Material for consent to the retention of section 63D material which falls within section 63F(5)(a) and (b).
The responsible chief officer of police may make an application under this subsection if the responsible chief officer of police considers that the material was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of an offence where any alleged victim of the offence was, at the time of the offence—
under the age of 18,
a vulnerable adult, or
associated with the person to whom the material relates.
The responsible chief officer of police may make an application under this subsection if the responsible chief officer of police considers that—
the material is not material to which subsection (2) relates, but
the retention of the material is necessary to assist in the prevention or detection of crime.
The Commissioner may, on an application under this section, consent to the retention of material to which the application relates if the Commissioner considers that it is appropriate to retain the material.
But where notice is given under subsection (6) in relation to the application, the Commissioner must, before deciding whether or not to give consent, consider any representations by the person to whom the material relates which are made within the period of 28 days beginning with the day on which the notice is given.
The responsible chief officer of police must give to the person to whom the material relates notice of—
an application under this section, and
the right to make representations.
A notice under subsection (6) may, in particular, be given to a person by—
leaving it at the person's usual or last known address (whether residential or otherwise),
sending it to the person by post at that address, or
sending it to the person by email or other electronic means.
The requirement in subsection (6) does not apply if the whereabouts of the person to whom the material relates is not known and cannot, after reasonable inquiry, be ascertained by the responsible chief officer of police.
An application or notice under this section must be in writing.
In this section— and the reference in subsection (2)(c) to a person being associated with another person is to be read in accordance with section 62(3) to (7) of the Family Law Act 1996.
This section applies to section 63D material which—
relates to a person who—
is arrested for or charged with a recordable offence other than a qualifying offence,
if arrested for or charged with more than one offence arising out of a single course of action, is not also arrested for or charged with a qualifying offence, and
is not convicted of the offence or offences in respect of which the person is arrested or charged, and
was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence or offences in respect of which the person is arrested or charged.
If the person has previously been convicted of a recordable offence which is not an excluded offence, the material may be retained indefinitely.
In subsection (2), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted).
In this section “excluded offence” has the meaning given by section 63F(11) (read with section 63F(12)).
This section applies, subject to subsection (3), to—
section 63D material which—
relates to a person who is convicted of a recordable offence, and
was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence, or
material taken under section 61(6) or 63(3B) which relates to a person who is convicted of a recordable offence.
The material may be retained indefinitely.
This section does not apply to section 63D material to which section 63K applies.
This section applies where—
section 63D material is taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of an offence,
at any time before the material is required to be destroyed by virtue of this Part of this Act, the person is convicted of an offence under the law of a country or territory outside England and Wales, and
the act constituting the offence mentioned in paragraph (b) would constitute a recordable offence if done in England and Wales.
The material may be retained indefinitely.
This section does not apply where section 63KA applies.
This section applies to material falling within subsection (2) relating to a person who is convicted of an offence under the law of any country or territory outside England and Wales.
Material falls within this subsection if it is—
fingerprints taken from the person under section 61(6D) (power to take fingerprints without consent in relation to offences outside England and Wales), or
a DNA profile derived from a DNA sample taken from the person under section 62(2A) or 63(3E) (powers to take intimate and non-intimate samples in relation to offences outside England and Wales).
The material may be retained indefinitely.
This section applies to section 63D material which—
relates to a person who—
is convicted of a recordable offence other than a qualifying offence,
has not previously been convicted of a recordable offence, and
is aged under 18 at the time of the offence, and
was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence.
In subsection (1)(a)(ii), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted).
Where the person is given a relevant custodial sentence of less than 5 years in respect of the offence, the material may be retained until the end of the period consisting of the term of the sentence plus 5 years.
Where the person is given a relevant custodial sentence of 5 years or more in respect of the offence, the material may be retained indefinitely.
Where the person is given a sentence other than a relevant custodial sentence in respect of the offence, the material may be retained until—
in the case of fingerprints, the end of the period of 5 years beginning with the date on which the fingerprints were taken, and
in the case of a DNA profile, the end of the period of 5 years beginning with—
the date on which the DNA sample from which the profile was derived was taken, or
if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken.
But if, before the end of the period within which material may be retained by virtue of this section, the person is again convicted of a recordable offence, the material may be retained indefinitely.
In subsection (5), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales.
In this section, “relevant custodial sentence” means any of the following—
a custodial sentence within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 222 of the Sentencing Code;
a sentence of a period of detention and training (excluding any period of supervision) which a person is liable to serve under an order under section 211 of the Armed Forces Act 2006 or a secure training order.
This section applies where—
section 63D material is taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of an offence,
at any time before the material is required to be destroyed by virtue of this Part of this Act, the person is convicted of an offence under the law of a country or territory outside England and Wales,
the act constituting the offence mentioned in paragraph (b) would constitute a recordable offence if done in England and Wales but would not constitute a qualifying offence,
the person is aged under 18 at the time of the offence mentioned in paragraph (b), and
the person has not previously been convicted of a recordable offence.
In subsection (1)(e), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted).
Where the person is sentenced to imprisonment or another form of detention for less than 5 years in respect of the offence mentioned in subsection (1)(b), the section 63D material may be retained until the end of the period consisting of the term of the sentence plus 5 years.
Where the person is sentenced to imprisonment or another form of detention for 5 years or more in respect of the offence mentioned in subsection (1)(b), the material may be retained indefinitely.
Where the person is given a sentence other than a sentence of imprisonment or other form of detention in respect of the offence mentioned in subsection (1)(b), the material may be retained until the end of the period of 5 years beginning with the date on which the person was arrested for the offence (or, if the person was not arrested for the offence, the date on which the person was charged with it).
But if, before the end of the period within which material may be retained by virtue of this section, the person is again convicted of a recordable offence, the material may be retained indefinitely.
In subsection (6), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales.
This section applies to section 63D material which—
relates to a person who is given a penalty notice under section 2 of the Criminal Justice and Police Act 2001 and in respect of whom no proceedings are brought for the offence to which the notice relates, and
was taken (or, in the case of a DNA profile, derived from a sample taken) from the person in connection with the investigation of the offence to which the notice relates.
The material may be retained—
in the case of fingerprints, for a period of 2 years beginning with the date on which the fingerprints were taken,
in the case of a DNA profile, for a period of 2 years beginning with—
the date on which the DNA sample from which the profile was derived was taken, or
if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken.
Section 63D material may be retained for as long as a national security determination made by a chief officer of police has effect in relation to it.
A national security determination is made if a chief officer of police determines that it is necessary for any section 63D material to be retained for the purposes of national security.
A national security determination—
must be made in writing,
has effect for a maximum of 5 years beginning with the date on which it is made, and
may be renewed.
This section applies to the following section 63D material—
fingerprints taken with the consent of the person from whom they were taken, and
a DNA profile derived from a DNA sample taken with the consent of the person from whom the sample was taken.
Material to which this section applies may be retained until it has fulfilled the purpose for which it was taken or derived.
Material to which this section applies which relates to— may be retained indefinitely.
a person who is convicted of a recordable offence, or
a person who has previously been convicted of a recordable offence (other than a person who has only one exempt conviction),
For the purposes of subsection (3)(b), a conviction is exempt if it is in respect of a recordable offence, other than a qualifying offence, committed when the person is aged under 18.
The reference to a recordable offence in subsection (3)(a) includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales.
The reference to a recordable offence in subsections (3)(b) and (4), and the reference to a qualifying offence in subsection (4), includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence or (as the case may be) a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted).
This section applies to the following material—
fingerprints (other than fingerprints taken under section 61(6A)) to which section 63D applies, and
a DNA profile to which section 63D applies.
If the person to whom the material relates consents to material to which this section applies being retained, the material may be retained for as long as that person consents to it being retained.
Consent given under this section—
must be in writing, and
can be withdrawn at any time.
Subsection (2) applies if—
section 63D material is taken (or, in the case of a DNA profile, derived from a sample taken) from a person in connection with the investigation of an offence, and
the person is subsequently arrested for or charged with a different offence, or convicted of or given a penalty notice for a different offence.
Sections 63E to 63O and sections 63Q and 63T have effect in relation to the material as if the material were also taken (or, in the case of a DNA profile, derived from a sample taken)—
in connection with the investigation of the offence mentioned in subsection (1)(b),
on the date on which the person was arrested for that offence (or charged with it or given a penalty notice for it, if the person was not arrested).
This section applies where section 63D material is or includes a person's fingerprints (“the original fingerprints”).
A constable may make a determination under this section in respect of any further fingerprints taken from the same person (“the further fingerprints”) if any of conditions 1 to 3 are met.
Condition 1 is met if—
the further fingerprints are section 63D material, and
the further fingerprints or the original fingerprints were taken in connection with a terrorist investigation.
Condition 2 is met if the further fingerprints were taken from the person in England or Wales under—
paragraph 10 of Schedule 8 to the Terrorism Act 2000,
paragraph 1 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011, ...
paragraph 34 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019,
paragraph 10 of Schedule 6 to the National Security Act 2023, or
paragraph 1 of Schedule 12 to that Act.
Condition 3 is met if the further fingerprints—
are material to which section 18 of the Counter-Terrorism Act 2008 applies, and
are held under the law of England and Wales.
Where a determination under this section is made in respect of the further fingerprints—
the further fingerprints may be retained for as long as the original fingerprints are retained under a power conferred by sections 63E to 63O (including those sections as applied by section 63P), and
a requirement under any enactment to destroy the further fingerprints does not apply for as long as their retention is authorised by paragraph (a).
Subsection (6)(a) does not prevent the further fingerprints being retained after the original fingerprints fall to be destroyed if the continued retention of the further fingerprints is authorised under any enactment.
A written record must be made of a determination under this section.
If fingerprints are required by section 63D to be destroyed, any copies of the fingerprints held by the police must also be destroyed.
If a DNA profile is required by that section to be destroyed, no copy may be retained by the police except in a form which does not include information which identifies the person to whom the DNA profile relates.
This section applies to samples—
taken from a person under any power conferred by this Part of this Act, or
taken by the police, with the consent of the person from whom they were taken, in connection with the investigation of an offence by the police.
Samples to which this section applies must be destroyed if it appears to the responsible chief officer of police that—
the taking of the samples was unlawful, or
the samples were taken from a person in connection with that person's arrest and the arrest was unlawful or based on mistaken identity.
Subject to this, the rule in subsection (4) or (as the case may be) (5) applies.
A DNA sample to which this section applies must be destroyed—
as soon as a DNA profile has been derived from the sample, or
if sooner, before the end of the period of 6 months beginning with the date on which the sample was taken.
Any other sample to which this section applies must be destroyed before the end of the period of 6 months beginning with the date on which it was taken.
The responsible chief officer of police may apply to a District Judge (Magistrates' Courts) for an order to retain a sample to which this section applies beyond the date on which the sample would otherwise be required to be destroyed by virtue of subsection (4) or (5) if—
the sample was taken from a person in connection with the investigation of a qualifying offence, and
the responsible chief officer of police considers that the condition in subsection (7) is met.
The condition is that, having regard to the nature and complexity of other material that is evidence in relation to the offence, the sample is likely to be needed in any proceedings for the offence for the purposes of—
disclosure to, or use by, a defendant, or
responding to any challenge by a defendant in respect of the admissibility of material that is evidence on which the prosecution proposes to rely.
An application under subsection (6) must be made before the date on which the sample would otherwise be required to be destroyed by virtue of subsection (4) or (5).
If, on an application made by the responsible chief officer of police under subsection (6), the District Judge (Magistrates' Courts) is satisfied that the condition in subsection (7) is met, the District Judge may make an order under this subsection which—
allows the sample to be retained for a period of 12 months beginning with the date on which the sample would otherwise be required to be destroyed by virtue of subsection (4) or (5), and
may be renewed (on one or more occasions) for a further period of not more than 12 months from the end of the period when the order would otherwise cease to have effect.
An application for an order under subsection (9) (other than an application for renewal)—
may be made without notice of the application having been given to the person from whom the sample was taken, and
may be heard and determined in private in the absence of that person.
A sample retained by virtue of an order under subsection (9) must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken.
A sample that ceases to be retained by virtue of an order under subsection (9) must be destroyed.
Nothing in this section prevents a speculative search, in relation to samples to which this section applies, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.
This section applies to impressions of footwear—
taken from a person under any power conferred by this Part of this Act, or
taken by the police, with the consent of the person from whom they were taken, in connection with the investigation of an offence by the police.
Impressions of footwear to which this section applies must be destroyed unless they are retained under subsection (3).
Impressions of footwear may be retained for as long as is necessary for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution.
Any material to which section 63D, 63R or 63S applies must not be used other than—
in the interests of national security,
for the purposes of a terrorist investigation,
for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or
for purposes related to the identification of a deceased person or of the person to whom the material relates.
Material which is required by section 63D, 63R or 63S to be destroyed must not at any time after it is required to be destroyed be used—
in evidence against the person to whom the material relates, or
for the purposes of the investigation of any offence.
In this section—
the reference to using material includes a reference to allowing any check to be made against it and to disclosing it to any person,
the reference to crime includes a reference to any conduct which—
constitutes one or more criminal offences (whether under the law of England and Wales or of any country or territory outside England and Wales), or
is, or corresponds to, any conduct which, if it all took place in England and Wales, would constitute one or more criminal offences, and
the references to an investigation and to a prosecution include references, respectively, to any investigation outside England and Wales of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside England and Wales.
Sections 63D to 63T do not apply to material to which paragraphs 20A to 20J of Schedule 8 to the Terrorism Act 2000 (destruction, retention and use of material taken from terrorist suspects) apply.
Any reference in those sections to a person being arrested for, or charged with, an offence does not include a reference to a person—
being arrested under section 41 of the Terrorism Act 2000, or
being charged with an offence following an arrest under that section.
Sections 63D to 63T do not apply to material to which paragraph 8 of Schedule 4 to the International Criminal Court Act 2001 (requirement to destroy material) applies.
Sections 63D to 63T do not apply to material to which paragraph 6 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (requirement to destroy material) applies.
Sections 63D to 63T do not apply to material to which paragraphs 43 to 51 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (destruction, retention and use of material) apply.
Sections 63D to 63T do not apply to material to which—
Part 4 of Schedule 6 to the National Security Act 2023 applies, or
paragraph 6 of Schedule 12 to that Act applies.
Sections 63D to 63T do not apply to material which is, or may become, disclosable under—
the Criminal Procedure and Investigations Act 1996, or
a code of practice prepared under section 23 of that Act and in operation by virtue of an order under section 25 of that Act.
A sample that— must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken.
falls within subsection (5), and
but for that subsection would be required to be destroyed under section 63R,
A sample that once fell within subsection (5) but no longer does, and so becomes a sample to which section 63R applies, must be destroyed immediately if the time specified for its destruction under that section has already passed.
Sections 63D to 63T do not apply to material which—
is taken from a person, but
relates to another person.
Nothing in sections 63D to 63T affects any power conferred by—
paragraph 18(2) of Schedule 2 to the Immigration Act 1971 (power to take reasonable steps to identify a person detained), or
section 20 of the Immigration and Asylum Act 1999 (disclosure of police information to the Secretary of State for use for immigration purposes).
A DNA sample to which section 64 applies must be destroyed—
as soon as a DNA profile has been derived from the sample, or
if sooner, before the end of the period of 6 months beginning with the date on which the sample was taken.
Any other sample to which section 64 applies must be destroyed before the end of the period of 6 months beginning with the date on which it was taken.
This section applies to—
fingerprints or impressions of footwear taken in connection with the investigation of an offence with the consent of the person from whom they were taken, and
a DNA profile derived from a DNA sample taken in connection with the investigation of an offence with the consent of the person from whom the sample was taken.
Material to which this section applies must be destroyed as soon as it has fulfilled the purpose for which it was taken or derived, unless it is—
material relating to a person who is convicted of the offence,
material relating to a person who has previously been convicted of a recordable offence, other than a person who has only one exempt conviction,
material in relation to which any of sections 64ZC to 64ZH applies, or
material which is not required to be destroyed by virtue of consent given under section 64ZL.
If material to which this section applies leads to the person to whom the material relates being arrested for or charged with an offence other than the offence under investigation—
the material is not required to be destroyed by virtue of this section, and
sections 64ZD to 64ZH have effect in relation to the material as if the material was taken (or, in the case of a DNA profile, was derived from material taken) in connection with the investigation of the offence in respect of which the person is arrested or charged.
This section applies to material falling within subsection (2) relating to a person who—
has no previous convictions or only one exempt conviction, and
is subject to a control order.
Material falls within this subsection if it is—
fingerprints taken from the person, or
a DNA profile derived from a DNA sample taken from the person.
The material must be destroyed before the end of the period of 2 years beginning with the date on which the person ceases to be subject to a control order.
This section ceases to have effect in relation to the material if the person is convicted— before the material is required to be destroyed by virtue of this section.
in England and Wales or Northern Ireland of a recordable offence, or
in Scotland of an offence which is punishable by imprisonment,
For the purposes of subsection (1)—
a person has no previous convictions if the person has not previously been convicted—
in England and Wales or Northern Ireland of a recordable offence, or
in Scotland of an offence which is punishable by imprisonment, and
if the person has been previously convicted of a recordable offence in England and Wales or Northern Ireland, the conviction is exempt if it is in respect of a recordable offence other than a qualifying offence, committed when the person is aged under 18.
For the purposes of that subsection—
a person is to be treated as having been convicted of an offence if—
he has been given a caution in England and Wales or Northern Ireland in respect of the offence which, at the time of the caution, he has admitted, and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
if a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction.
In this section—
“recordable offence” has, in relation to a conviction in Northern Ireland, the meaning given by Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989, and
“qualifying offence” has, in relation to a conviction in respect of a recordable offence committed in Northern Ireland, the meaning given by Article 53A of that Order.
This section applies to material falling within subsection (2) relating to a person who—
has no previous convictions or only one exempt conviction,
is arrested for or charged with a recordable offence, and
is aged 18 or over at the time of the alleged offence.
Material falls within this subsection if it is—
fingerprints or impressions of footwear taken from the person in connection with the investigation of the offence, or
a DNA profile derived from a DNA sample so taken.
The material must be destroyed—
in the case of fingerprints or impressions of footwear, before the end of the period of 6 years beginning with the date on which the fingerprints or impressions were taken,
in the case of a DNA profile, before the end of the period of 6 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).
But if, before the material is required to be destroyed by virtue of this section, the person is arrested for or charged with a recordable offence the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge.
This section ceases to have effect in relation to the material if the person is convicted of a recordable offence before the material is required to be destroyed by virtue of this section.
This section applies to material falling within subsection (2) relating to a person who—
has no previous convictions or only one exempt conviction,
is arrested for or charged with a recordable offence other than a qualifying offence, and
is aged under 18 at the time of the alleged offence.
Material falls within this subsection if it is—
fingerprints or impressions of footwear taken from the person in connection with the investigation of the offence, or
a DNA profile derived from a DNA sample so taken.
The material must be destroyed—
in the case of fingerprints or impressions of footwear, before the end of the period of 3 years beginning with the date on which the fingerprints or impressions were taken,
in the case of a DNA profile, before the end of the period of 3 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).
But if, before the material is required to be destroyed by virtue of this section, the person is arrested for or charged with a recordable offence—
where the person is aged 18 or over at the time of the alleged offence, the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge,
where— the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge,
the alleged offence is not a qualifying offence, and
the person is aged under 18 at the time of the alleged offence,
where— the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge,
the alleged offence is a qualifying offence, and
the person is aged under 16 at the time of the alleged offence,
where— the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge,
the alleged offence is a qualifying offence, and
the person is aged 16 or 17 at the time of the alleged offence,
where— the material may be further retained until the end of the period of 5 years beginning with the date of the arrest or charge.
the person is convicted of the offence,
the offence is not a qualifying offence,
the person is aged under 18 at the time of the offence, and
the person has no previous convictions,
This section ceases to have effect in relation to the material if, before the material is required to be destroyed by virtue of this section, the person—
is convicted of a recordable offence and is aged 18 or over at the time of the offence,
is convicted of a qualifying offence, or
having a previous exempt conviction, is convicted of a recordable offence.
This section applies to material falling within subsection (2) relating to a person who—
has no previous convictions or only one exempt conviction,
is arrested for or charged with a qualifying offence, and
is aged under 16 at the time of the alleged offence.
Material falls within this subsection if it is—
fingerprints or impressions of footwear taken from the person in connection with the investigation of the offence, or
a DNA profile derived from a DNA sample so taken.
The material must be destroyed—
in the case of fingerprints or impressions of footwear, before the end of the period of 3 years beginning with the date on which the fingerprints or impressions were taken,
in the case of a DNA profile, before the end of the period of 3 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).
But if, before the material is required to be destroyed by virtue of this section, the person is arrested for or charged with a recordable offence—
where the person is aged 18 or over at the time of the alleged offence, the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge,
where— the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge,
the alleged offence is not a qualifying offence, and
the person is aged under 18 at the time of the alleged offence,
where— the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge,
the alleged offence is a qualifying offence, and
the person is aged under 16 at the time of the alleged offence,
where— the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge,
the alleged offence is a qualifying offence, and
the person is aged 16 or 17 at the time of the alleged offence,
where— the material may be further retained until the end of the period of 5 years beginning with the date of the arrest or charge.
the person is convicted of the offence,
the offence is not a qualifying offence,
the person is aged under 18 at the time of the offence, and
the person has no previous convictions,
This section ceases to have effect in relation to the material if, before the material is required to be destroyed by virtue of this section, the person—
is convicted of a recordable offence and is aged 18 or over at the time of the offence,
is convicted of a qualifying offence, or
having a previous exempt conviction, is convicted of a recordable offence.
This section applies to material falling within subsection (2) relating to a person who—
has no previous convictions or only one exempt conviction,
is arrested for or charged with a qualifying offence, and
is aged 16 or 17 at the time of the alleged offence.
Material falls within this subsection if it is—
fingerprints or impressions of footwear taken from the person in connection with the investigation of the offence, or
a DNA profile derived from a DNA sample so taken.
The material must be destroyed—
in the case of fingerprints or impressions of footwear, before the end of the period of 6 years beginning with the date on which the fingerprints or impressions were taken,
in the case of a DNA profile, before the end of the period of 6 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).
But if, before the material is required to be destroyed by virtue of this section, the person is arrested for or charged with a recordable offence—
where the person is aged 18 or over at the time of the alleged offence, the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge,
where— the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge,
the alleged offence is not a qualifying offence, and
the person is aged under 18 at the time of the alleged offence,
where— the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge,
the alleged offence is a qualifying offence, and
the person is aged 16 or 17 at the time of the alleged offence,
where— the material may be further retained until the end of the period of 5 years beginning with the date of the arrest or charge.
the person is convicted of the offence,
the offence is not a qualifying offence,
the person is aged under 18 at the time of the offence, and
the person has no previous convictions,
This section ceases to have effect in relation to the material if, before the material is required to be destroyed by virtue of this section, the person—
is convicted of a recordable offence and is aged 18 or over at the time of the offence,
is convicted of a qualifying offence, or
having a previous exempt conviction, is convicted of a recordable offence.
This section applies to material falling within subsection (2) relating to a person who—
has no previous convictions,
is convicted of a recordable offence other than a qualifying offence, and
is aged under 18 at the time of the offence.
Material falls within this subsection if it is—
fingerprints or impressions of footwear taken from the person in connection with the investigation of the offence, or
a DNA profile derived from a DNA sample so taken.
The material must be destroyed—
in the case of fingerprints or impressions of footwear, before the end of the period of 5 years beginning with the date on which the fingerprints or impressions were taken,
in the case of a DNA profile, before the end of the period of 5 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).
But if, before the material is required to be destroyed by virtue of this section, the person is arrested for or charged with a recordable offence—
where the person is aged 18 or over at the time of the alleged offence, the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge,
where— the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge,
the alleged offence is not a qualifying offence, and
the person is aged under 18 at the time of the alleged offence,
where— the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge,
the alleged offence is a qualifying offence, and
the person is aged under 16 at the time of the alleged offence,
where— the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge.
the alleged offence is a qualifying offence, and
the person is aged 16 or 17 at the time of the alleged offence,
This section ceases to have effect in relation to the material if the person is convicted of a further recordable offence before the material is required to be destroyed by virtue of this section.
Any reference in section 64ZB or sections 64ZD to 64ZH to a person being charged with an offence includes a reference to a person being informed that he will be reported for an offence.
For the purposes of those sections—
a person has no previous convictions if the person has not previously been convicted of a recordable offence, and
if the person has been previously convicted of a recordable offence, the conviction is exempt if it is in respect of a recordable offence other than a qualifying offence, committed when the person is aged under 18.
For the purposes of those sections, a person is to be treated as having been convicted of an offence if—
he has been given a caution in respect of the offence which, at the time of the caution, he has admitted, or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purpose of any provision of those sections relating to an exempt, first or subsequent conviction.
Subject to the completion of any speculative search that the responsible chief officer of police considers necessary or desirable, material falling within any of sections 64ZD to 64ZH must be destroyed immediately if it appears to the chief officer that—
the arrest was unlawful,
the taking of the fingerprints, impressions of footwear or DNA sample concerned was unlawful,
the arrest was based on mistaken identity, or
other circumstances relating to the arrest or the alleged offence mean that it is appropriate to destroy the material.
“Responsible chief officer of police” means the chief officer of police for the police area—
in which the samples, fingerprints or impressions of footwear were taken, or
in the case of a DNA profile, in which the sample from which the DNA profile was derived was taken.
Fingerprints taken from a person by virtue of section 61(6A) (taking fingerprints for the purposes of identification) must be destroyed as soon as they have fulfilled the purpose for which they were taken.
Subsection (2) applies if the responsible chief officer of police determines that it is necessary for— to be retained for the purposes of national security.
a DNA profile to which section 64 applies, or
fingerprints to which section 64 applies, other than fingerprints taken under section 61(6A),
Where this subsection applies— for as long as the determination has effect.
the material is not required to be destroyed in accordance with sections 64ZB to 64ZH, and
section 64ZN(2) does not apply to the material,
A determination under subsection (1) has effect for a maximum of 2 years beginning with the date on which the material would otherwise be required to be destroyed, but a determination may be renewed.
“Responsible chief officer of police” means the chief officer of police for the police area—
in which the fingerprints were taken, or
in the case of a DNA profile, in which the sample from which the DNA profile was derived was taken.
If a person consents in writing to the retention of fingerprints, impressions of footwear or a DNA profile to which section 64 applies, other than fingerprints taken under section 61(6A)—
the material is not required to be destroyed in accordance with sections 64ZB to 64ZH, and
section 64ZN(2) does not apply to the material.
It is immaterial for the purposes of subsection (1) whether the consent is given at, before or after the time when the entitlement to the destruction of the material arises.
Consent given under this section can be withdrawn at any time.
If fingerprints or impressions of footwear are required to be destroyed by virtue of any of sections 64ZB to 64ZJ, any copies of the fingerprints or impressions of footwear must also be destroyed.
If a DNA profile is required to be destroyed by virtue of any of those sections, no copy may be kept except in a form which does not include information which identifies the person to whom the DNA profile relates.
If a person makes a request to the responsible chief officer of police to be notified when anything relating to the person is destroyed under any of sections 64ZA to 64ZJ, the responsible chief officer of police or a person authorised by the chief officer or on the chief officer's behalf must within three months of the request issue the person with a certificate recording the destruction.
“Responsible chief officer of police” means the chief officer of police for the police area—
in which the samples, fingerprints or impressions of footwear which have been destroyed were taken, or
in the case of a DNA profile which has been destroyed, in which the samples from which the DNA profile was derived were taken.
Any material to which section 64 applies which is retained after it has fulfilled the purpose for which it was taken or derived must not be used other than—
in the interests of national security,
for the purposes of a terrorist investigation,
for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or
for purposes related to the identification of a deceased person or of the person to whom the material relates.
Material which is required to be destroyed by virtue of any of sections 64ZA to 64ZJ, or of section 64ZM, must not at any time after it is required to be destroyed be used—
in evidence against the person to whom the material relates, or
for the purposes of the investigation of any offence.
In this section—
the reference to using material includes a reference to allowing any check to be made against it and to disclosing it to any person,
the reference to crime includes a reference to any conduct which—
constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom), or
is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences, and
the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.
A person who is detained at a police station may be photographed—
with the appropriate consent; or
if the appropriate consent is withheld or it is not practicable to obtain it, without it.
A person falling within subsection (1B) below may, on the occasion of the relevant event referred to in subsection (1B), be photographed elsewhere than at a police station—
with the appropriate consent; or
if the appropriate consent is withheld or it is not practicable to obtain it, without it.
A person falls within this subsection if he has been—
arrested by a constable for an offence;
taken into custody by a constable after being arrested for an offence by a person other than a constable;
made subject to a requirement to wait with a community support officer or a community support volunteer under paragraph 7 of Schedule 3B to the Police Reform Act 2002 (“the 2002 Act”);
given a direction by a constable under section 35 of the Anti-social Behaviour, Crime and Policing Act 2014;
given a penalty notice by a constable ... under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001, a penalty notice by a constable under section 444A of the Education Act 1996, or a fixed penalty notice by a constable in uniform under section 54 of the Road Traffic Offenders Act 1988;
given a fixed penalty notice by a community support officer or community support volunteer who is authorised to give the notice by virtue of his or her designation under section 38 of the Police Reform Act 2002;
given a notice in relation to a relevant fixed penalty offence (within the meaning of paragraph 1 of Schedule 5 to the 2002 Act) by an accredited person by virtue of accreditation specifying that that paragraph applies to him.; or
given a notice in relation to a relevant fixed penalty offence (within the meaning of Schedule 5A to the 2002 Act) by an accredited inspector by virtue of accreditation specifying that paragraph 1 of Schedule 5A to the 2002 Act applies to him.
A person to whom subsection (1) or (1A) does not apply may be photographed at a police station without the appropriate consent if that person falls within subsection (1D), (1F) or (1H).
A person falls within this subsection if (before or after the coming into force of this subsection) that person has been— and either of the conditions in subsection (1E) is met in relation to that person.
arrested for a recordable offence and released,
charged with a recordable offence, or
informed that they will be reported for such an offence,
The conditions referred to in subsection (1D) are—
that the person has not been photographed in the course of the investigation of the offence by the police, or
that the person has been so photographed but—
any photograph taken on such a previous occasion is unavailable or inadequate, and
a constable considers that taking a further photograph is necessary to assist in the prevention or detection of crime.
A person falls within this subsection if (before or after the coming into force of this subsection) that person has been— and either of the conditions in subsection (1G) is met in relation to that person.
convicted of a recordable offence, or
given a caution in respect of a recordable offence which, at the time of the caution they have admitted,
The conditions referred to in subsection (1F) are—
that the person has not been photographed since being convicted or cautioned, or
that the person has been so photographed but—
any photograph taken on such a previous occasion is unavailable or inadequate, and
a constable considers that taking a further photograph is necessary to assist in the prevention or detection of crime.
A person falls within this subsection if—
under the law in force in a country or territory outside England and Wales the person has been convicted of an offence under that law (whether before or after the coming into force of this subsection and whether or not they have been punished for it),
the act constituting the offence would constitute a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted), and
either of the conditions in subsection (1I) is met in relation to that person.
The conditions referred to in subsection (1H) are—
that the person has not been photographed on a previous occasion by virtue of being a person falling within subsection (1H), or
that the person has been so photographed but—
any photograph taken on such a previous occasion is unavailable or inadequate, and
a constable considers that taking a further photograph is necessary to assist in the prevention or detection of crime.
A person who falls within subsection (1F) or (1H) may be photographed under subsection (1C) only with the authorisation of an officer of at least the rank of inspector.
An officer may only give an authorisation under subsection (1J) if the officer is satisfied that taking the photograph is necessary to assist in the prevention or detection of crime.
In subsections (1E), (1G) and (1I)—
references to a photograph being unavailable include references to a photograph being lost or destroyed, and
references to a photograph being inadequate include references to a photograph being—
unclear,
an incomplete photograph of the subject, or
no longer an accurate representation of the subject’s appearance.
In subsections (1E), (1G), (1I) and (1K) references to crime include references to any conduct which—
constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom), or
is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences.
A person proposing to take a photograph of any person under this section—
may, for the purpose of doing so, require the removal of any item or substance worn on or over the whole or any part of the head or face of the person to be photographed; and
if the requirement is not complied with, may remove the item or substance himself.
Where a photograph may be taken under this section, the only persons entitled to take the photograph are constables.
A photograph taken under this section—
may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution or to the enforcement of a sentence; and
after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related.
In subsection (4)—
the reference to crime includes a reference to any conduct which— and
constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or
is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences;
the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.; and
“sentence” includes any order made by a court in England and Wales when dealing with an offender in respect of his offence.
References in this section to taking a photograph include references to using any process by means of which a visual image may be produced; and references to photographing a person shall be construed accordingly.
In this section, a “photograph” includes a moving image, and corresponding expressions shall be construed accordingly.
Nothing in this section applies to a person arrested under an extradition arrest power.
In this Part, “qualifying offence” means—
an offence specified in subsection (2) below, or
an ancillary offence relating to such an offence.
The offences referred to in subsection (1)(a) above are—
murder;
manslaughter;
false imprisonment;
kidnapping;
an offence of indecent exposure;
an offence under section 4 of the Vagrancy Act 1824, committed by a person by wilfully, openly, lewdly, and obscenely exposing his person with intent to insult any female;
an offence under section 28 of the Town Police Clauses Act 1847, committed by a person by wilfully and indecently exposing his person;
an offence under section 4, 16, 18, 20 to 24 or 47 of the Offences Against the Person Act 1861;
an offence under section 2 or 3 of the Explosive Substances Act 1883;
an offence under section 1 of the Infant Life (Preservation) Act 1929;
an offence under section 1 of the Children and Young Persons Act 1933;
an offence under section 1 of the Infanticide Act 1938;
an offence under section 12 or 13 of the Sexual Offences Act 1956, other than an offence committed by a person where the other person involved in the conduct constituting the offence consented to it and was aged 16 or over;
an offence under any other section of that Act, other than sections 18 and 32;
an offence under section 128 of the Mental Health Act 1959;
an offence under section 1 of the Indecency with Children Act 1960;
an offence under section 4(1) of the Criminal Law Act 1967 committed in relation to murder;
an offence under section 5 of the Sexual Offences Act 1967;
an offence under sections 16 to 18 of the Firearms Act 1968;
an offence under section 8, 9 or 10 of the Theft Act 1968 or an offence under section 12A of that Act involving an accident which caused a person's death;
an offence under section 1(1) of the Genocide Act 1969;
an offence under section 1 of the Criminal Damage Act 1971 required to be charged as arson;
an offence under section 54 of the Criminal Law Act 1977;
an offence under section 1 of the Protection of Children Act 1978;
an offence under section 1 of the Aviation Security Act 1982;
an offence under section 2 of the Child Abduction Act 1984;
an offence under section 1 of the Prohibition of Female Circumcision Act 1985;
an offence under section 1 of the Public Order Act 1986;
an offence under section 9 of the Aviation and Maritime Security Act 1990;
an offence under section 3 of the Sexual Offences (Amendment) Act 2000;
an offence under section 51 of the International Criminal Court Act 2001;
an offence under section 1, 2 or 3 of the Female Genital Mutilation Act 2003;
an offence under any of sections 1 to 19, 25, 26, 30 to 41, 47 to 50, 52, 53, 57 to 59A , 61 to 66A, 66B(2) and (3), 67, 69 and 70 of the Sexual Offences Act 2003;
an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004;
an offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008;
an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation);
an offence under section 2 of the Modern Slavery Act 2015 (human trafficking);
an offence under paragraph 1 of Schedule 4 to the Space Industry Act 2018;
an offence under any of sections 136 to 138 and 148 to 150 of the Health and Care Act 2022 (offences relating to virginity testing and hymenoplasty).
an offence under section 18 of the National Security Act 2023 or for the time being listed in section 33(3)(a) of that Act.
The Secretary of State may by order made by statutory instrument amend subsection (2) above.
A statutory instrument containing an order under subsection (3) above shall not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
In subsection (1)(b) above “ancillary offence”, in relation to an offence, means—
aiding, abetting, counselling or procuring the commission of the offence;
an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence (including, in relation to times before the commencement of that Part, an offence of incitement);
attempting or conspiring to commit the offence.
For the purposes of this Part, any reference to a person who is convicted of an offence includes a reference to—
a person who has been given a caution in respect of the offence which, at the time of the caution, the person has admitted,
a person who has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 for the offence,
a person who has been found not guilty of the offence by reason of insanity, or
a person who has been found to be under a disability and to have done the act charged in respect of the offence.
This Part, so far as it relates to persons convicted of an offence, has effect despite anything in the Rehabilitation of Offenders Act 1974.
But a person is not to be treated as having been convicted of an offence if that conviction is a disregarded conviction or caution by virtue of section 92 of the Protection of Freedoms Act 2012.
If a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purposes of calculating under sections 63F, 63H and 63N whether the person has been convicted of only one offence.
See also section 65(3) (which deals with findings equivalent to those mentioned in subsection (1)(c) or (d) by courts which exercise jurisdiction under the laws of countries or territories outside England and Wales).
The Secretary of State shall issue codes of practice in connection with—
the exercise by police officers of statutory powers—
to search a person without first arresting him; . . .
to search a vehicle without making an arrest; or
to arrest a person;
the detention, treatment, questioning and identification of persons by police officers;
searches of premises by police officers; and
the seizure of property found by police officers on persons or premises.
Codes shall (in particular) include provision in connection with the exercise by police officers of powers under section 63B above.
Nothing in this section requires the Secretary of State to issue a code of practice in relation to any matter falling within the code of practice issued under section 47AB(2) of the Terrorism Act 2000 (as that code is altered or replaced from time to time) (code of practice in relation to terrorism powers to search persons and vehicles and to stop and search in specified locations).
In this section, “ code ” means a code of practice under section 60, 60A or 66.
The Secretary of State may at any time revise the whole or any part of a code.
A code may be made, or revised, so as to—
apply only in relation to one or more specified areas,
have effect only for a specified period,
apply only in relation to specified offences or descriptions of offender.
Before issuing a code, or any revision of a code, the Secretary of State must consult—
such persons as appear to the Secretary of State to represent the views of police and crime commissioners,
the Mayor's Office for Policing and Crime,
the Common Council of the City of London,
the National Police Chiefs’ Council,
the General Council of the Bar,
the Law Society of England and Wales,
the Institute of Legal Executives, and
such other persons as he thinks fit.
A code, or a revision of a code, does not come into operation until the Secretary of State by order so provides.
The duty to consult under subsection (4) does not apply to a revision of a code where the Secretary of State considers that—
the revision is necessary in consequence of legislation, and
the Secretary of State has no discretion as to the nature of the revision.
The power conferred by subsection (5) is exercisable by statutory instrument.
Where, in consequence of subsection (4A), a revision of a code is issued without prior consultation with the persons mentioned in subsection (4), the Secretary of State must (at the same time as issuing the revision) publish a statement that, in his or her opinion, paragraphs (a) and (b) of subsection (4A) apply to the revision.
An order bringing a code into operation may not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
In subsection (4A), “legislation” means any provision of—
an Act,
subordinate legislation within the meaning of the Interpretation Act 1978.
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Persons other than police officers who are charged with the duty of investigating offences or charging offenders shall in the discharge of that duty have regard to any relevant provision of . . . a code.
A failure on the part— shall not of itself render him liable to any criminal or civil proceedings.
of a police officer to comply with any provision of . . . a code; . . .
of any person other than a police officer who is charged with the duty of investigating offences or charging offenders to have regard to any relevant provision of . . . a code in the discharge of that duty, , or
of a person designated under section 38 or 39 or accredited under section 41 of the Police Reform Act 2002 (c. 30) to have regard to any relevant provision of . . . a code in the exercise or performance of the powers and duties conferred or imposed on him by that designation or accreditation,
In all criminal and civil proceedings any . . . code shall be admissible in evidence; and if any provision of . . . a code appears to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.
An order bringing a revision of a code into operation must be laid before Parliament if the order has been made without a draft having been so laid and approved by a resolution of each House.
In subsection (11) “ criminal proceedings ” includes service proceedings.
proceedings in the United Kingdom or elsewhere before a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 or a disciplinary court constituted under section 50 of the said Act of 1957 ;
proceedings before the Courts-Martial Appeal Court; and
proceedings before a Standing Civilian Court.
When an order or draft of an order is laid, the code or revision of a code to which it relates must also be laid.
No order or draft of an order may be laid until the consultation required by subsection (4) has taken place.
An order bringing a code, or a revision of a code, into operation may include transitional or saving provisions.
Persons on whom powers are conferred by— shall have regard to any relevant provision of a code . . . in the exercise or performance of the powers and duties conferred or imposed on them by that designation or accreditation.
any designation under section 38 or 39 of the Police Reform Act 2002 (c. 30) (police powers for civilian staff and volunteers), or
any accreditation under section 41 of that Act (accreditation under community safety accreditation schemes),
In this section “ service proceedings ” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006.
Subject to section 69 below, a statement in a document shall be admissible in any proceedings as evidence of any fact stated therein of which direct oral evidence would be admissible if—
the document is or forms part of a record compiled by a person acting under a duty from information supplied by a person (whether acting under a duty or not) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with in that information; and
any condition relating to the person who supplied the information which is specified in subsection (2) below is satisfied.
The conditions mentioned in subsection (1)(b) above are—
that the person who supplied the information—
is dead or by reason of his bodily or mental condition unfit to attend as a witness ;
is outside the United Kingdom and it is not reasonably practicable to secure his attendance; or
cannot reasonably be expected (having regard to the time which has elapsed since he supplied or acquired the information and to all the circumstances) to have any recollection of the matters dealt with in that information;
that all reasonable steps have been taken to identify the person who supplied the information but that he cannot be identified; and
that, the identity of the person who supplied the information being known, all reasonable steps have been taken to find him, but that he cannot be found.
Nothing in this section shall prejudice the admissibility of any evidence that would be admissible apart from this section.
In any proceedings, a statement in a document produced by a computer shall not be admissible as evidence of any fact stated therein unless it is shown—
that there are no reasonable grounds for believing that the statement is inaccurate because of improper use of the computer; ,
that at all material times the computer was operating properly, or if not, that any respect in which it was not operating properly or was out of operation was not such as to affect the production of the document or the accuracy of its contents ; and
that any relevant conditions specified in rules of court under subsection (2) below are satisfied.
Provision may be made by rules of court requiring that in any proceedings where it is desired to give a statement in evidence by virtue of this section such information concerning the statement as may be required by the rules shall be provided in such form and at such time as may be so required.
Part I of Schedule 3 to this Act shall have effect for the purpose of supplementing section 68 above.
Part II of that Schedule shall have effect for the purpose of supplementing section 69 above.
Part III of that Schedule shall have effect for the purpose of supplementing both sections.
In any proceedings the contents of a document may (whether or not the document is still in existence) be proved by the production of an enlargement of a microfilm copy of that document or of the material part of it, authenticated in such manner as the court may approve. ... concerned are proceedings before a magistrates’ court inquiring into an offence as examining justices this section shall have effect with the omission of the words “authenticated in such manner as the court may approve.”
In this Part of this Act—
Nothing in this Part of this Act shall prejudice any power of a court to exclude evidence (whether by preventing questions from being put or otherwise) at its discretion.
In subsection (1) “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006.
Where in any proceedings the fact that a person has in the United Kingdom ... been convicted or acquitted of an offence otherwise than by a Service court is admissible in evidence, it may be proved by producing a certificate of conviction or, as the case may be, of acquittal relating to that offence, and proving that the person named in the certificate as having been convicted or acquitted of the offence is the person whose conviction or acquittal of the offence is to be proved.
For the purposes of this section a certificate of conviction or of acquittal— and a document purporting to be a duly signed certificate of conviction or acquittal under this section shall be taken to be such a certificate unless the contrary is proved.
shall, as regards a conviction or acquittal on indictment, consist of a certificate, signed by the proper officer of the court where the conviction or acquittal took place, giving the substance and effect (omitting the formal parts) of the indictment and of the conviction or acquittal; and
shall, as regards a conviction or acquittal on a summary trial, consist of a copy of the conviction or of the dismissal of the information, signed by the proper officer of the court where the conviction or acquittal took place or by the proper officer of the court, if any, to which a memorandum of the conviction or acquittal was sent; ...
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In subsection (2) above “proper officer” means—
in relation to a magistrates’ court in England and Wales, the designated officer for the court; and
in relation to any other court ..., the clerk of the court, his deputy or any other person having custody of the court record, ...
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The method of proving a conviction or acquittal authorised by this section shall be in addition to and not to the exclusion of any other authorised manner of proving a conviction or acquittal.
In any proceedings the fact that a person other than the accused has been convicted of an offence by or before any court in the United Kingdom ... or by a Service court outside the United Kingdom shall be admissible in evidence for the purpose of proving, that that person committed that offence, where evidence of his having done so is admissible, whether or not any other evidence of his having committed that offence is given.
In any proceedings in which by virtue of this section a person other than the accused is proved to have been convicted of an offence by or before any court in the United Kingdom ... or by a Service court outside the United Kingdom, he shall be taken to have committed that offence unless the contrary is proved.
In any proceedings where evidence is admissible of the fact that the accused has committed an offence, . . . , if the accused is proved to have been convicted of the offence— he shall be taken to have committed that offence unless the contrary is proved.
by or before any court in the United Kingdom ...; or
by a Service court outside the United Kingdom,
Nothing in this section shall prejudice—
the admissibility in evidence of any conviction which would be admissible apart from this section; or
the operation of any enactment whereby a conviction or a finding of fact in any proceedings is for the purposes of any other proceedings made conclusive evidence of any fact.
Where evidence that a person has been convicted of an offence is admissible by virtue of section 74 above, then without prejudice to the reception of any other admissible evidence for the purpose of identifying the facts on which the conviction was based— shall be admissible in evidence for that purpose.
the contents of any document which is admissible as evidence of the conviction; and
the contents of the information, complaint, indictment or charge-sheet on which the person in question was convicted,
Where in any proceedings the contents of any document are admissible in evidence by virtue of subsection (1) above, a copy of that document, or of the material part of it, purporting to be certified or otherwise authenticated by or on behalf of the court or authority having custody of that document shall be admissible in evidence and shall be taken to be a true copy of that document or part unless the contrary is shown.
Nothing in any of the following— shall affect the operation of section 74 above; and for the purposes of that section any order made by a court of summary jurisdiction in Scotland under section 182 or section 183 of the said Act of 1975 shall be treated as a conviction.
Section 14 of the Powers of Criminal Courts (Sentencing ) Act 2000 or section 82 of the Sentencing Code (under which a conviction leading to ... discharge is to be disregarded except as mentioned in that section);
section 247 of the Criminal Procedure (Scotland) Act 1995 (which makes similar provision in respect of convictions on indictment in Scotland); and
section 187 of the Armed Forces Act 2006 (which makes similar provision in respect of service convictions);
section 8 of the Probation Act (Northern Ireland) 1950 (which corresponds to section 13 of the Powers of Criminal Courts Act 1973) or any legislation which is in force in Northern Ireland for the time being and corresponds to that section,
Nothing in section 74 above shall be construed as rendering admissible in any proceedings evidence of any conviction other than a subsisting one.
In any proceedings a confession made by an accused person may be given in evidence against him in so far as it is relevant to any matter in issue in the proceedings and is not excluded by the court in pursuance of this section.
If, in any proceedings where the prosecution proposes to give in evidence a confession made by an accused person, it is represented to the court that the confession was or may have been obtained— the court shall not allow the confession to be given in evidence against him except in so far as the prosecution proves to the court beyond reasonable doubt that the confession (notwithstanding that it may be true) was not obtained as aforesaid.
by oppression of the person who made it; or
in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be made by him in consequence thereof,
In any proceedings where the prosecution proposes to give in evidence a confession made by an accused person, the court may of its own motion require the prosecution, as a condition of allowing it to do so, to prove that the confession was not obtained as mentioned in subsection (2) above.
The fact that a confession is wholly or partly excluded in pursuance of this section shall not affect the admissibility in evidence—
of any facts discovered as a result of the confession; or
where the confession is relevant as showing that the accused speaks, writes or expresses himself in a particular way, of so much of the confession as is necessary to show that he does so.
Evidence that a fact to which this subsection applies was discovered as a result of a statement made by an accused person shall not be admissible unless evidence of how it was discovered is given by him or on his behalf.
Subsection (5) above applies—
to any fact discovered as a result of a confession which is wholly excluded in pursuance of this section; and
to any fact discovered as a result of a confession which is partly so excluded, if the fact is discovered as a result of the excluded part of the confession.
Nothing in Part VII of this Act shall prejudice the admissibility of a confession made by an accused person.
In this section “oppression” includes torture, inhuman or degrading treatment, and the use or threat of violence (whether or not amounting to torture).
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Without prejudice to the general duty of the court at a trial on indictment with a jury to direct the jury on any matter on which it appears to the court appropriate to do so, where at such a trial— the court shall warn the jury that there is special need for caution before convicting the accused in reliance on the confession, and shall explain that the need arises because of the circumstances mentioned in paragraphs (a) and (b) above.
the case against the accused depends wholly or substantially on a confession by him; and
the court is satisfied—
that he is mentally handicapped; and
that the confession was not made in the presence of an independent person,
In any case where at the summary trial of a person for an offence it appears to the court that a warning under subsection (1) above would be required if the trial were on indictment with a jury , the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.
In this section—
In any case where at the trial on indictment without a jury of a person for an offence it appears to the court that a warning under subsection (1) above would be required if the trial were with a jury, the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.
In any proceedings a confession made by an accused person may be given in evidence for another person charged in the same proceedings (a co-accused) in so far as it is relevant to any matter in issue in the proceedings and is not excluded by the court in pursuance of this section.
If, in any proceedings where a co-accused proposes to give in evidence a confession made by an accused person, it is represented to the court that the confession was or may have been obtained— the court shall not allow the confession to be given in evidence for the co-accused except in so far as it is proved to the court on the balance of probabilities that the confession (notwithstanding that it may be true) was not so obtained.
by oppression of the person who made it; or
in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be made by him in consequence thereof,
Before allowing a confession made by an accused person to be given in evidence for a co-accused in any proceedings, the court may of its own motion require the fact that the confession was not obtained as mentioned in subsection (2) above to be proved in the proceedings on the balance of probabilities.
The fact that a confession is wholly or partly excluded in pursuance of this section shall not affect the admissibility in evidence—
of any facts discovered as a result of the confession; or
where the confession is relevant as showing that the accused speaks, writes or expresses himself in a particular way, of so much of the confession as is necessary to show that he does so.
Evidence that a fact to which this subsection applies was discovered as a result of a statement made by an accused person shall not be admissible unless evidence of how it was discovered is given by him or on his behalf.
Subsection (5) above applies—
to any fact discovered as a result of a confession which is wholly excluded in pursuance of this section; and
to any fact discovered as a result of a confession which is partly so excluded, if the fact is discovered as a result of the excluded part of the confession.
In this section “oppression” includes torture, inhuman or degrading treatment, and the use or threat of violence (whether or not amounting to torture).
In any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.
Nothing in this section shall prejudice any rule of law requiring a court to exclude evidence.
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If at the trial of any person for an offence— the accused shall be called before the other witness or witnesses unless the court in its discretion otherwise directs.
the defence intends to call two or more witnesses to the facts of the case; and
those witnesses include the accused,
In any proceedings the wife or husband of the accused shall be competent to give evidence—
subject to subsection (4) below, for the prosecution; and
on behalf of the accused or any person jointly charged with the accused.
In any proceedings the spouse or civil partner of a person charged in the proceedings shall, subject to subsection (4) below, be compellable to give evidence on behalf of that person.
In relation to the spouse or civil partner of a person charged in any proceedings, an offence is a specified offence for the purposes of subsection (2A) above if—
it involves an assault on, or injury or a threat of injury to, the spouse or civil partner or a person who was at the material time under the age of 16;
it is a sexual offence alleged to have been committed in respect of a person who was at the material time under that age; or
it consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within paragraph (a) or (b) above.
In any proceedings the spouse or civil partner of a person charged in the proceedings shall, subject to subsection (4) below, be compellable—
to give evidence on behalf of any other person charged in the proceedings but only in respect of any specified offence with which that other person is charged; or
to give evidence for the prosecution but only in respect of any specified offence with which any person is charged in the proceedings.
No person who is charged in any proceedings shall be compellable by virtue of subsection (2) or (2A) above to give evidence in the proceedings.
In any proceedings a person who has been but is no longer married to the accused shall be competent and compellable to give evidence as if that person and the accused had never been married.
Where in any proceedings the age of any person at any time is material for the purposes of subsection (3) above, his age at the material time shall for the purposes of that provision be deemed to be or to have been that which appears to the court to be or to have been his age at that time.
References in this section to a person charged in any proceedings do not include a person who is not, or is no longer, liable to be convicted of any offence in the proceedings (whether as a result of pleading guilty or for any other reason).
In subsection (3)(b) above “sexual offence” means an offence under the Sexual Offences Act 1956, the Indecency with Children Act 1960, the Sexual Offences Act 1967, section 54 of the Criminal Law Act 1977 or the Protection of Children Act 1978 or Part 1 of the Sexual Offences Act 2003 , or an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation). .
The failure of the wife or husband of the accused to give evidence shall not be made the subject of any comment by the prosecution.
In any proceedings a person who has been but is no longer the civil partner of the accused shall be compellable to give evidence as if that person and the accused had never been civil partners.
Section 1(d) of the Criminal Evidence Act 1898 (communications between husband and wife) and section 43(1) of the Matrimonial Causes Act 1965 (evidence as to marital intercourse) shall cease to have effect.
Criminal Procedure Rules may make provision for—
requiring any party to proceedings before the court to disclose to the other party or parties any expert evidence which he proposes to adduce in the proceedings; and
prohibiting a party who fails to comply in respect of any evidence with any requirement imposed by virtue of paragraph (a) above from adducing that evidence without the leave of the court.
Criminal Procedure Rules made by virtue of this section may specify the kinds of expert evidence to which they apply and may exempt facts or matters of any description specified in the rules.
The failure of the spouse or civil partner of a person charged in any proceedings to give evidence in the proceedings shall not be made the subject of any comment by the prosecution.
In this Part of this Act—
“live link” means an arrangement by which an officer who is not present at the police station where an arrested person is held is able to see and hear, and to be seen and heard by, the arrested person and the arrested person’s solicitor (and for this purpose any impairment of eyesight or hearing is to be disregarded);
a person nominated by the Commissioner, being either an Assistant Commissioner of Police of the Metropolis or an officer of the metropolitan police force of such rank as may be prescribed by regulations made by the Secretary of State; or
in default of any such nomination, the Commissioner.
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as regards a court-martial constituted under the Army Act 1955 or the Air Force Act 1955, to a finding of guilty which is, or falls to be treated as, a finding of the court duly confirmed ;
as regards— constituted under the Naval Discipline Act 1957, to a finding of guilty which is, or falls to be treated as, the finding of the court;
a court-martial; or
a disciplinary court,
In subsection (1) “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006.
Nothing in this Part of this Act shall prejudice any power of a court to exclude evidence (whether by preventing questions from being put or otherwise) at its discretion.
There shall be an authority to be known as " the Police Complaints Authority" and in this Part of this Act referred to as " the Authority."
Schedule 4 to this Act shall have effect in relation to the Authority.
The Police Complaints Board is hereby abolished.
Where a complaint is submitted to the chief officer of police for a police area, it shall be his duty to take any steps that appear to him to be desirable for the purpose of obtaining or preserving evidence relating to the conduct complained of.
After performing the duties imposed on him by subsection (1) above, the chief officer shall determine whether he is the appropriate authority in relation to the officer against whom the complaint was made.
If he determines that he is not the appropriate authority, it shall be his duty—
to send the complaint or, if it was made orally, particulars of it, to the appropriate authority; and
to give notice that he has done so to the person by or on whose behalf the complaint was made.
In this Part of this Act—
Nothing in this Part of this Act has effect in relation to a complaint in so far as it relates to the direction or control of a police force by the chief officer or the person performing the functions of the chief officer.
If any conduct to which a complaint wholly or partly relates is or has been the subject of criminal or disciplinary proceedings, none of the provisions of this Part of this Act which relate to the recording and investigation of complaints have effect in relation to the complaint in so far as it relates to that conduct.
If a chief officer determines that he is the appropriate authority in relation to an officer about whose conduct a complaint has been made and who is not a senior officer, he shall record it.
After doing so he shall consider whether the complaint is suitable for informal resolution and may appoint an officer from his force to assist him.
If it appears to the chief officer that the complaint is not suitable for informal resolution, he shall appoint an officer from his force or some other force to investigate it formally.
If it appears to him that it is suitable for informal resolution, he shall seek to resolve it informally and may appoint an officer from his force to do so on his behalf.
If it appears to the chief officer, after attempts have been made to resolve a complaint informally— he shall appoint an officer from his force or some other force to investigate it formally.
that informal resolution of the complaint is impossible; or
that the complaint is for any other reason not suitable for informal resolution,
An officer may not be appointed to investigate a complaint formally if he has previously been appointed to act in relation to it under subsection (4) above.
If a chief officer requests the chief officer of some other force to provide an officer of his force for appointment under subsection (3) or (5) above, that chief officer shall provide an officer to be so appointed.
No officer may be appointed under this section unless he is—
of at least the rank of chief inspector ; and
of at least the rank of the officer against whom the complaint is made.
Unless the investigation is supervised by the Authority under section 89 below, the investigating officer shall submit his report on the investigation to the chief officer.
A complaint is not suitable for informal resolution unless—
the member of the public concerned gives his consent; and
the chief officer is satisfied that the conduct complained of, even if proved, would not justify a criminal or disciplinary charge.
Where a complaint about the conduct of a senior officer— it shall be the appropriate authority's duty to record it and, subject to subsection (2) below, to investigate it.
is submitted to the appropriate authority ; or
is sent to the appropriate authority under section 84(3) above,
The appropriate authority may deal with the complaint according to the appropriate authority's discretion, if satisfied that the conduct complained of, even if proved, would not justify a criminal or disciplinary charge.
In any other case the appropriate authority shall appoint an officer from the appropriate authority's force or from some other force to investigate the complaint.
A chief officer shall provide an officer to be appointed, if a request is made to him for one to be appointed under subsection (3) above.
No officer may be appointed unless he is of at least the rank of the officer against whom the complaint is made.
Unless an investigation under this section is supervised by the Authority under section 89 below, the investigating officer shall submit his report on it to the appropriate authority.
The appropriate authority—
shall refer to the Authority—
any complaint alleging that the conduct complained of resulted in the death of or serious injury to some other person; and
any complaint of a description specified for the purposes of this section in regulations made by the Secretary of State ; and
may refer to the Authority any complaint which is not required to be referred to them.
The Authority may require the submission to them for consideration of any complaint not referred to them by the appropriate authority ; and it shall be the appropriate authority's duty to comply with any such requirement not later than the end of a period specified in regulations made by the Secretary of State.
Where a complaint falls to be referred to the Authority under subsection (1)(a) above, it shall be the appropriate authority's duty to refer it to them not later than the end of a period specified in such regulations.
In this Part of this Act " serious injury " means a fracture, damage to an internal organ, impairment of bodily function, a deep cut or a deep laceration.
The Authority shall supervise the investigation—
of any complaint alleging that the conduct of a police officer resulted in the death of or serious injury to some other person; and
of any other description of complaint specified for the purposes of this section in regulations made by the Secretary of State.
The Authority shall supervise the investigation— if they consider that it is desirable in the public interest that they should supervise that investigation.
of any complaint the investigation of which they are not required to supervise under subsection (1) above; and
of any matter referred to them under section 88 above,
Where the Authority have made a determination under this section, it shall be their duty to notify it to the appropriate authority.
Where an investigation is to be supervised by the Authority they may require—
that no appointment shall be made under section 85(3) or 86(3) above unless they have given notice to the appropriate authority that they approve the officer whom that authority propose to appoint; or
if such an appointment has already been made and the Authority are not satisfied with the officer appointed, that—
the appropriate authority shall, as soon as is reasonably practicable, select another officer and notify the Authority that they propose to appoint him; and
the appointment shall not be made unless the Authority give notice to the appropriate authority that they approve that officer.
It shall be the duty of the Secretary of State by regulations to provide that the Authority shall have power, subject to any restrictions or conditions specified in the regulations, to impose requirements as to a particular investigation additional to any requirements imposed by virtue of subsection (4) above; and it shall be the duty of a police officer to comply with any requirement imposed on him by virtue of the regulations.
At the end of an investigation which the Authority have supervised the investigating officer—
shall submit a report on the investigation to the Authority ; and
shall send a copy to the appropriate authority.
After considering a report submitted to them under subsection (6) above, the Authority shall submit an appropriate statement to the appropriate authority.
If it is practicable to do so, the Authority, when submitting the appropriate statement under subsection (7) above, shall send a copy to the officer whose conduct has been investigated.
If— the Authority shall also send a copy of the appropriate statement to the person by or on behalf of whom the complaint was made.
the investigation related to a complaint; and
it is practicable to do so,
In subsection (7) above " appropriate statement" means a statement—
whether the investigation was or was not conducted to the Authority's satisfaction;
specifying any respect in which it was not so conducted ; and
dealing with any such other matters as the Secretary of State may by regulations provide.
The power to issue an appropriate statement includes power to issue separate statements in respect of the disciplinary and criminal aspects of an investigation,
No disciplinary charge shall be brought before the appropriate statement is submitted to the appropriate authority.
Subject to subsection (14) below, neither the appropriate authority nor the Director of Public Prosecutions shall bring criminal proceedings before the appropriate statement is submitted to the appropriate authority.
The restriction imposed by subsection (13) above does not apply if it appears to the Director that there are exceptional circumstances which make it undesirable to wait for the submission of the appropriate statement.
It shall be the duty of the appropriate authority, on receiving— to send a copy of the report to the Director of Public Prosecutions unless the report satisfies them that no criminal offence has been committed.
a report concerning the conduct of a senior officer which is submitted to them under section 86(6) above ; or
a copy of a report concerning the conduct of a senior officer which is sent to them under section 89(6) above,
Nothing in the following provisions of this section or in sections 91 to 94 below has effect in relation to senior officers.
If the chief officer— he shall send a copy of the report to the Director of Public Prosecutions.
determines that the report does indicate that a criminal offence may have been committed by a member of the police force for his area ; and
considers that the offence indicated is such that the officer ought to be charged with it,
Subject to section 91(1) below, after the Director has dealt with the question of criminal proceedings, the chief officer shall send the Authority a memorandum, signed by him and stating whether he has preferred disciplinary charges in respect of the conduct which was the subject of the investigation and, if not, his reasons for not doing so.
If the chief officer— he shall send the Authority a memorandum to that effect, signed by him and stating whether he proposes to prefer disciplinary charges in respect of the conduct which was the subject of the investigation and, if not, his reasons for not proposing to do so.
determines that the report does indicate that a criminal offence may have been committed by a member of the police force for his area ; and
considers that the offence indicated is not such that the officer ought to be charged with it,
Subject to section 91(1) below, if the chief officer considers that the report does not indicate that a criminal offence may have been committed by a member of the police force for his area, he shall send the Authority a memorandum to that effect, signed by him and stating whether he has preferred disciplinary charges in respect of the conduct which was the subject of the investigation and, if not, his reasons for not doing so.
A memorandum under this section—
shall give particulars—
of any disciplinary charges which a chief officer has preferred or proposes to prefer in respect of the conduct which was the subject of the investigation; and
of any exceptional circumstances affecting the case by reason of which he considers that section 94 below should apply to the hearing; and
shall state his opinion of the complaint or other matter to which it relates.
Subject to section 93(6) below—
if a chief officer's memorandum states that he proposes to prefer disciplinary charges, it shall be his duty to prefer and proceed with them ; and
if such a memorandum states that he has preferred such charges, it shall be his duty to proceed with them.
No memorandum need be sent to the Authority under section 90 above if disciplinary charges have been preferred in respect of the conduct which was the subject of the investigation and the accused has admitted the charges and has not withdrawn his admission.
In any such case the chief officer shall send to the Authority, after the conclusion of the disciplinary proceedings (including any appeal to the Secretary of State), particulars of the disciplinary charges preferred and of any punishment imposed.
When a chief officer of police has performed all duties imposed on him by sections 90 and 91 above in relation to the report of an investigation concerning the conduct of an officer who is not a senior officer, it shall be the duty of the Authority—
to determine whether the report indicates that a criminal offence may have been committed by that officer; and
if so, to consider whether the offence is such that the officer ought to be charged with it.
If the Authority consider that the officer ought to be charged, it shall be their duty to direct the chief officer to send the Director of Public Prosecutions a copy of the report.
When the Authority give a direction under subsection (2) above, they may also direct the chief officer to send the Director the information contained in the memorandum under section 90 above.
If the investigation was an investigation of a complaint, the Authority shall direct the chief officer to send the Director a copy of the complaint or of the record of the complaint.
It shall be the duty of a chief officer to comply with any direction under this section.
Sections 90 and 91 above shall apply where a copy of a report is sent to the Director under this section as they apply where a copy is sent to him under section 90(4) above.
Where a memorandum under section 90 above states that a chief officer of police has not preferred disciplinary charges or does not propose to do so, the Authority may recommend him to prefer such disciplinary charges as they may specify.
Subject to subsection (6) below, a chief officer may not withdraw charges which he has preferred in accordance with a recommendation under subsection (1) above.
If after the Authority have made a recommendation under this section and consulted the chief officer he is still unwilling to prefer such charges as the Authority consider appropriate, they may direct him to prefer such charges as they may specify.
Where the Authority give a chief officer a direction under this section, they shall furnish him with a written statement of their reasons for doing so.
Subject to subsection (6) below, it shall be the duty of a chief officer to prefer and proceed with charges specified in such a direction.
The Authority may give a chief officer leave—
not to prefer charges which section 90(10) above or subsection (5) above would otherwise oblige him to prefer ; or
not to proceed with charges with which section 90(10) above or subsection (2) or (5) above would otherwise oblige him to proceed.
The Authority may request a chief officer of police to furnish them with such information as they may reasonably require for the purpose of discharging their functions under this section.
It shall be the duty of a chief officer to comply with any such request.
Where a chief officer of police prefers a disciplinary charge in respect of a matter to which a memorandum under section 90 above relates, this section applies—
to the hearing of any charge in pursuance of a direction under section 93 above ; and
to the hearing of any other charge to which the Authority direct that it shall apply.
The Authority may direct that this section shall apply to the hearing of a charge if they consider that to be desirable by reason of any exceptional circumstances affecting the case.
Where this section applies to the hearing of a disciplinary charge—
the function of determining whether the accused is guilty of the charge shall be discharged by a tribunal consisting of—
a chairman who shall, subject to subsection (4) below, be the chief officer of police by whom that function would fall to be discharged apart from this section; and
two members of the Authority nominated by the Authority, being members who have not been concerned with the case ; and
the function of determining any punishment to be imposed shall, subject to subsection (7) below, be discharged by the chairman after consulting the other members of the tribunal.
The Secretary of State may by regulations provide for the procedure to be followed by tribunals constituted under this section.
The decision of the tribunal as to whether the accused is guilty of the charge may be a majority decision.
Where— the function of determining any punishment to be imposed shall be discharged by that chief officer after considering any recommendation as to punishment made by the chairman.
the chairman of the tribunal is not the chief officer of police of the police force to which the accused belongs ; and
that chief officer is neither interested in the case otherwise than in his capacity as such nor a material witness,
Before making any recommendation the chairman shall consult the other members of the tribunal.
Where— the chief officer may direct that this section shall apply also to the hearing of the other charge.
this section applies to the hearing of a disciplinary charge; and
there is another disciplinary charge against the accused which, in the opinion of the chief officer of police of the police force to which he belongs, can conveniently and fairly be determined at the same time,
An agreement for the establishment in relation to any body of constables maintained by an authority other than a police authority of procedures corresponding to any of those established by or by virtue of this Part of this Act may, with the approval of the Secretary of State, be made between the Authority and the authority maintaining the body of constables.
Where no such procedures are in force in relation to any body of constables, the Secretary of State may by order establish such procedures.
An agreement under this section may at any time be varied or terminated with the approval of the Secretary of State.
Before making an order under this section the Secretary of State shall consult—
the Authority ; and
the authority maintaining the body of constables to whom the order would relate.
The power to make orders under this section shall be exercisable by statutory instrument; and any statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Nothing in any other enactment shall prevent an authority who maintain a body of constables from carrying into effect procedures established by virtue of this section.
No such procedures shall have effect in relation to anything done by a constable outside England and Wales.
The Authority shall, at the request of the Secretary of State, report to him on such matters relating generally to their functions as the Secretary of State may specify, and the Authority may for that purpose carry out research into any such matters.
The Authority may make a report to the Secretary of State on any matters coming to their notice under this Part of this Act to which they consider that his attention should be drawn by reason of their gravity or of other exceptional circumstances; and the Authority shall send a copy of any such report to the police authority and to the chief officer of police of any police force which appears to the Authority to be concerned or, if the report concerns any such body of constables as is mentioned in section 96 above, to the authority maintaining it and the officer having the direction and the control of it.
As soon as practicable after the end of each calendar year the Authority shall make to the Secretary of State a report on the discharge of their functions during that year.
The Authority shall keep under review the working of sections 84 to 96 above and shall make to the Secretary of State a report on it at least once in every three years after the coming into force of this section.
The Secretary of State shall lay before Parliament a copy of every report received by him under this section and shall cause every such report to be published.
The Authority shall send to every police authority—
a copy of every report made by the Authority under subsection (3) above ; and
any statistical or other general information which relates to the year dealt with by the report and to the area of that authority and which the Authority consider should be brought to the police authority's attention in connection with their functions under section 95 above.
No information received by the Authority in connection with any of their functions under sections 84 to 97 above or regulations made by virtue of section 99 below shall be disclosed by any person who is or has been a member, officer or servant of the Authority except—
to the Secretary of State or to a member, officer or servant of the Authority or, so far as may be necessary for the proper discharge of the functions of the Authority, to other persons;
for the purposes of any criminal, civil or disciplinary proceedings; or
in the form of a summary or other general statement made by the Authority which does not identify the person from whom the information was received or any person to whom it relates.
Any person who discloses information in contravention of this section shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale, as defined in section 75 of the Criminal Justice Act 1982.
The Secretary of State may make regulations as to the procedure to be followed under this Part of this Act.
It shall be the duty of the Secretary of State to provide by regulations—
that, subject to such exceptions as may be specified by the regulations, a chief officer of police shall furnish, in accordance with such procedure as may be so specified, a copy of, or of the record of, a complaint against a member of the police force for his area—
to the person by or on behalf of whom the complaint was made ; and
to the officer against whom it was made ;
procedures for the informal resolution of complaints of such descriptions as may be specified in the regulations, and for giving the person who made the complaint a record of the outcome of any such procedure if he applies for one within such period as the regulations may provide;
procedures for giving a police officer against whom a complaint is made which falls to be resolved informally an opportunity to comment orally or in writing on the complaint;
for cases in which any provision of this Part of this Act is not to apply where a complaint, other than a complaint which falls to be resolved by an informal procedure, is withdrawn or the complainant indicates that he does not wish any further steps to be taken ;
for enabling the Authority to dispense with any requirement of this Part of this Act;
procedures for the reference or submission of complaints or other matters to the Authority ;
for the time within which the Authority are to give a notification under section 89(3) above ;
that the Authority shall be supplied with such information or documents of such description as may be specified in the regulations at such time or in such circumstances as may be so specified ;
that any action or decision of the Authority which they take in consequence of their receipt of a memorandum under section 90 above shall be notified if it is an action or decision of a description specified in the regulations, to the person concerned and that, in connection with such a notification, the Authority shall have power to furnish him with any relevant information;
that chief officers of police shall have power to delegate any functions conferred on them by or by virtue of the foregoing provisions of this Part of this Act, other than their functions under section 94(3) above.
Regulations under this Part of this Act may make different provision for different circumstances and may authorise the Secretary of State to make provision for any purposes specified in the regulations.
Before making regulations under this Part of this Act, the Secretary of State shall furnish a draft of the regulations to the Police Advisory Board for England and Wales and take into consideration any representations made by that Board.
Any power to make regulations under this Part of this Act shall be exercisable by statutory instrument.
Subject to subsection (5) below, regulations under this Part of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Regulations to which this subsection applies shall not be made unless a draft of them has been approved by resolution of each House of Parliament.
Subsection (5) above applies to regulations made by virtue—
of section 87(1)(a)(ii) or 89(1)(b) or (5) above;
of section 99(2)(b) or (e) above.
Regulations under section 33(2)(e) of the Police Act 1964 (discipline regulations) shall provide—
for the determination of questions whether offences against discipline have been committed ;
for racially discriminatory behaviour to be made a specific disciplinary offence ; and
for members of police forces who are found to have committed such offences to be punished by way of dismissal, requirement to resign, reduction in rank, reduction in rate of pay, fine, reprimand or caution.
In the case of a police force maintained under section 1 of that Act (county or combined police force) the regulations shall provide for the functions mentioned in subsection (1)(a) or (c) above to be discharged— but subject, in a case within paragraph (b) of this subsection, to section 94 above and the following provisions of this section.
in relation to the chief constable, any deputy chief constable and any assistant chief constable, by the police authority;
in relation to any other member of the police force, by the chief constable,
The regulations shall provide for the functions mentioned in subsection (1)(a) and (c) above to be discharged by another chief officer of police if, in a case within subsection (2)(b) above, the chief constable—
is interested in the case otherwise than in his capacity as such; or
is a material witness.
Without prejudice to subsection (3) above, the regulations may, as respects any case within subsection (2) (b) above, provide—
for enabling a chief constable, where he considers it appropriate to do so, to direct that his function under subsection (1)(a) above shall be discharged by another chief officer of police ; and
where such a direction is given, for the function mentioned in subsection (1)(c) above to be discharged by the chief constable after considering any recommendation as to punishment made by the other chief officer of police.
Subject to subsection (6) below, the regulations may provide for enabling a chief constable to direct that his functions under subsection (1) above may be discharged by a deputy chief constable in any case—
which is within subsection (2)(b) above ;
in which the decision that a disciplinary charge is to be brought is taken, in accordance with the regulations, by an assistant chief constable ; and
in which it appears appropriate to the chief constable so to direct.
In subsection (5) above the reference to functions under subsection (1) above does not include the functions mentioned in section 94(3) above.
If regulations provide by virtue of subsection (5) above that any of the functions of a chief constable may be discharged by a deputy chief constable, they may provide that the deputy chief constable shall have power or shall be under a duty to remit any matter to the chief constable in such circumstances as the regulations may specify.
If regulations provide as mentioned in subsection (5) above, they shall also provide—
that a deputy chief constable shall have power to punish only by way of reduction in rate of pay, fine, reprimand or caution;
that a police officer dealt with by a deputy chief constable may appeal to the chief constable ; and
that on such an appeal the chief constable shall have no power to award a punishment greater than the punishment awarded by the deputy chief constable.
Subsections (2) to (8) above shall apply in the case of the City of London police force as they apply in the case of a police force maintained under section 1 of the Police Act 1964 but with the substitution—
subject to paragraph (b) below, for references to a deputy chief constable or an assistant chief constable of references to an assistant commissioner of police for the City of London and any officer holding a rank appearing to the Secretary of State to correspond to that of assistant chief constable in a force maintained under that section;
for the reference in subsection (5) to a deputy chief constable of a reference to an officer of the City of London police force holding a rank such as is mentioned in paragraph (a) above but who is not the officer who has taken the decision mentioned in paragraph (b) of that subsection ; and
for references to the chief constable of references to the Commissioner of Police for the City of London.
On the hearing of a disciplinary charge against a police officer of the rank of chief superintendent or below the punishment of dismissal, requirement to resign or reduction in rank may not be awarded unless he has been given an opportunity to elect to be legally represented at the hearing.
Where such an officer so elects, he may be represented at the hearing, at his option, either by counsel or by a solicitor.
Except in a case where such an officer has been given an opportunity to elect to be legally represented and has so elected, he may only be represented at the hearing of a disciplinary charge by another member of a police force.
Regulations under section 33(2)(e) of the Police Act 1964 shall specify—
a procedure for notifying an officer of the effect of subsections (1) to (3) above ;
when he is to be so notified and when he is to give notice whether or not he wishes to be legally represented at the hearing.
If an officer— any such punishment as is mentioned in subsection (1) above may be awarded without his being legally represented.
fails without reasonable cause to give notice in accordance with the regulations that he wishes to be legally represented; or
gives notice in accordance with the regulations that he does not wish to be legally represented,
If an officer has given notice in accordance with the regulations that he wishes to be legally represented, the case against him may be presented by counsel or a solicitor whether or not he is actually so represented.
The following section shall be substituted for section 37 of the Police Act 1964—.
The following Schedule shall be substituted for Schedule 5 to that Act—.
Where a member of a police force has been convicted or acquitted of a criminal offence he shall not be liable to be charged with any offence against discipline which is in substance the same as the offence of which he has been convicted or acquitted.
Subsection (1) above shall not be construed as applying to a charge in respect of an offence against discipline which consists in having been found guilty of a criminal offence.
Subject to subsection (4) below, no statement made by any person for the purpose of the informal resolution of a complaint shall be admissible in any subsequent criminal, civil or disciplinary proceedings.
A statement is not rendered inadmissible by subsection (3) above if it consists of or includes an admission relating to a matter which does not fall to be resolved informally.
The Secretary of State may issue guidance to chief officers of police and to other police officers concerning the discharge of their functions— and police officers shall have regard to any such guidance in the discharge of their functions.
under this Part of this Act; and
otherwise in connection with discipline ;
Guidance may not be issued under subsection (1) above in relation to the handling of a particular case.
A failure on the part of a police officer to have regard to any guidance issued under subsection (1) above when determining— shall be admissible in evidence on any appeal from the determination.
whether an officer has committed an offence against discipline; or
the punishment to be awarded for such an offence,
In discharging their functions under section 93 above the Authority shall have regard to any guidance given to them by the Secretary of State with respect to such matters affecting the preferring and withdrawing of disciplinary charges as are for the time being the subject of guidance under subsection (1) above, and shall have regard in particular, but without prejudice to the generality of this subsection, to any such guidance as to the principles to be applied in cases that involve any question of criminal proceedings and are not governed by section 104 above.
The report of the Authority under section 97(3) above shall contain a statement of any guidance given to the Authority under subsection (4) above during the year to which the report relates.
Arrangements shall be made in each police area for obtaining the views of people in that area about matters concerning the policing of the area and for obtaining their co-operation with the police in preventing crime in the area.
Except as provided by subsections (3) to (7) below, arrangements for each police area shall be made by the police authority after consulting the chief constable as to the arrangements that would be appropriate.
The Secretary of State shall issue guidance to the Commissioner of Police of the Metropolis concerning arrangements for the Metropolitan Police District; and the Commissioner shall make such arrangements after taking account of that guidance.
The Commissioner shall make separate arrangements—
for each London borough ;
for each district which falls wholly within the Metropolitan Police District; and
for each part of a district which falls partly within that District.
The Commissioner shall consult the council of each London borough as to the arrangements that would be appropriate for the borough.
The Commissioner shall consult the council of each such district as is mentioned in subsection (4)(b) above as to the arrangements that would be appropriate for the district.
The Commissioner shall consult the council of each such district as is mentioned in subsection (4)(c) above as to the arrangements that would be appropriate for the part of the district for which it falls to him to make arrangements.
The Common Council of the City of London shall issue guidance to the Commissioner of Police for the City of London concerning arrangements for the City; and the Commissioner shall make such arrangements after taking account of that guidance.
A body or person whose duty it is to make arrangements under this section shall review the arrangements so made from time to time.
If it appears to the Secretary of State that arrangements in a police area are not adequate for the purposes set out in subsection (1) above, he may require the body or person whose duty it is to make arrangements in that area to submit a report to him concerning the arrangements.
After considering the report the Secretary of State may require the body or person who submitted it to review the arrangements and submit a further report to him concerning them.
A body or person whose duty it is to make arrangements shall be under the same duties to consult when reviewing arrangements as when making them.
For the purpose of any provision of this Act or any other Act under which a power in respect of the investigation of offences or the treatment of persons in police custody is exercisable only by or with the authority of a police officer of at least the rank of superintendent, an officer of the rank of chief inspector shall be treated as holding the rank of superintendent if
he has been authorised by an officer holding a rank above the rank of superintendent to exercise the power or, as the case may be, to give his authority for its exercise, or
he is acting during the absence of an officer holding the rank of superintendent who has authorised him, for the duration of that absence, to exercise the power or, as the case may be, to give his authority for its exercise.
For the purpose of any provision of this Act or any other Act under which such a power is exercisable only by or with the authority of an officer of at least the rank of inspector, an officer of the rank of sergeant shall be treated as holding the rank of inspector if he has been authorised by an officer of at least the rank of superintendent to exercise the power or, as the case may be, to give his authority for its exercise.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The office of deputy chief constable is hereby abolished.
In section 6 of the Police Act 1964—
in subsection (1), after the word " a " there shall be inserted the words " person holding the rank of " ; and
in subsection (4), for the words from the beginning to " of ", in the second place where it occurs, there shall be substituted the words " Appointments or promotions to the rank of deputy chief constable or " .
The following section shall be inserted after that section—.
In section 5 of the Police (Scotland) Act 1967—
in subsection (1), after the word " a" there shall be inserted the words " person holding the rank of " ;
subsection (3) shall be omitted ; and
in subsection (5), for the words from the beginning to " of ", in the second place where it occurs, mere shall be substituted the words " Appointments or promotions to the rank of deputy chief constable or " .
The following section shall be inserted after that section—.
In section 58(2) of the Police Act 1964 and section 23(2) of the Police (Scotland) Act 1967 (under both of which a chief constable affected by an amalgamation holds the rank of assistant chief constable) for the word " assistant" there shall be substituted the word " deputy " .
in subsection (1), for the word " and ", in the last place where it occurs, there shall be substituted the words " affecting individuals, except as provided by subsection (1A) below, and questions of " ;
the following subsections shall be inserted after that subsection—; and
in subsection (3), after the word " Federations ", in the first place where it occurs, there shall be inserted the words " or authorise the Federations to make rules concerning such matters relating to their constitution and proceedings as may be specified in the regulations. " .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 26 to the Police (Scotland) Act 1967 (regulations as to government and administration of police forces)—
after subsection (1) there shall be inserted the following subsection—; and
at the end there shall be inserted the following subsection—.
In section 27 of the said Act of 1967 (regulations for police cadets) in subsection (3) for the word “(9)” there shall be substituted the words “(1A), (9) and (10)”.
An officer belonging to the metropolitan police force who is assigned to the protection of any person or property in Scotland shall in the discharge of that duty have the powers and privileges of a constable of a police force maintained under the Police (Scotland) Act 1967.
An officer belonging to the metropolitan police force who is assigned to the protection of any person or property in Northern Ireland shall in the discharge of that duty have the powers and privileges of a constable of the Royal Ulster Constabulary.
The Secretary of State may by order make provision in relation to— which is equivalent to that made by any provision of Part 5 of this Act (or this Part of this Act so far as relating to that Part), subject to such modifications as the Secretary of State considers appropriate.
investigations of service offences,
persons arrested under a power conferred by or under the Armed Forces Act 2006,
persons charged under that Act with service offences,
persons in service custody, or
persons convicted of service offences,
Section 67(9) above shall not have effect in relation to investigations of service offences.
The Secretary of State shall issue a code of practice, or a number of such codes, for persons other than police officers who are concerned with—
the exercise of powers conferred by or under Part 3 of the Armed Forces Act 2006; or
investigations of service offences.
Without prejudice to the generality of subsection (3) above, a code . . . may contain provisions, in connection with the powers mentioned in subsection (3)(a) above or the investigations mentioned in subsection (3)(b) above, as to the following matters—
the audio recording of interviews;
searches of persons and premises; and
the seizure of things found on searches.
In subsections (4) to (10), “code” means a code of practice under subsection (3).
The Secretary of State may at any time revise the whole or any part of a code.
A code may be made, or revised, so as to—
apply only in relation to one or more specified areas,
have effect only for a specified period,
apply only in relation to specified offences or descriptions of offender.
The Secretary of State must lay a code, or any revision of a code, before Parliament.
A failure on the part of any person to comply with any provision of a code . . . shall not of itself render him liable to any criminal or civil proceedings except those to which this subsection applies.
Subsection (8) above applies to proceedings in respect of an offence under a provision of Part 1 of the Armed Forces Act 2006 other than section 42 (criminal conduct).
to proceedings under any provision of the Army Act 1955 or the Air Force Act 1955 other than section 70; and
to proceedings under any provision of the Naval Discipline Act 1957 other than section 42.
In all criminal and civil proceedings any . . . code shall be admissible in evidence and if any provision of . . . a code appears to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.
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proceedings in the United Kingdom or elsewhere before a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 or a disciplinary court constituted under section 50 of the said Act of 1957;
proceedings before the Courts-Martial Appeal Court; and
proceedings before a Standing Civilian Court.
Parts VII and VIII of this Act have effect for the purposes of service proceedings subject to any modifications which the Secretary of State may by order specify.
before a court-martial constituted under the Army Act 1955 or the Air Force Act 1955 ;
before the Courts-Martial Appeal Court; and
before a Standing Civilian Court,
An order under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section— and section 376(1) and (2) of that Act (meaning of “convicted” in relation to summary hearings and the SAC) apply for the purposes of subsection (1)(e) above as they apply for the purposes of that Act.
Section 373(5) and (6) of the Armed Forces Act 2006 (supplementary provisions) apply in relation to an order under this section as they apply in relation to an order under that Act.
“Arrested”, “arresting”, “arrest” and “to arrest” shall respectively be substituted for “detained”, “detaining”, “detention” and “to detain” wherever in the customs and excise Acts, as defined in section 1(1) of the Customs and Excise Management Act 1979, those words are used in relation to persons.
The Treasury may by order direct—
that any provision of this Act which relates to investigations of offences conducted by police officers or to persons detained by the police shall apply, subject to such modifications as the order may specify, to investigations conducted by officers of Revenue and Customs or to persons detained by officers of Revenue and Customs; and
that, in relation to investigations of offences conducted by officers of Revenue and Customs—
this Act shall have effect as if the following sections were inserted after section 14—; and
section 55 above shall have effect as if it related only to things such as are mentioned in subsection (1)(a) of that section.
that where an officer of Revenue and Customs searches premises in reliance on a warrant under section 8 of, or paragraph 12 of Schedule 1 to, this Act (as applied by an order under this subsection) the officer shall have the power to search persons found on the premises—
in such cases and circumstances as are specified in the order, and
subject to any conditions specified in the order; and
that powers and functions conferred by a provision of this Act (as applied by an order under this subsection) may be exercised only by officers of Revenue and Customs acting with the authority (which may be general or specific) of the Commissioners for Her Majesty's Revenue and Customs.
An order under subsection (2)—
may make provision that applies generally or only in specified cases or circumstances,
may make different provision for different cases or circumstances,
may, in modifying a provision, in particular impose conditions on the exercise of a function, and
shall not be taken to limit a power under section 164 of the Customs and Excise Management Act 1979.
A certificate of the Commissioners that an officer of Revenue and Customs had authority under subsection (2)(e) to exercise a power or function conferred by a provision of this Act shall be conclusive evidence of that fact.
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An order under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any expenses of a Minister of the Crown incurred in consequence of the provisions of this Act, including any increase attributable to those provisions in sums payable under any other Act, shall be defrayed out of money provided by Parliament.
The Welsh Ministers may by regulations—
direct that any provision of this Act which relates to investigations of offences conducted by police officers or to the detention of persons by the police is to apply, subject to such modifications as the regulations may specify, to investigations of offences conducted by the Welsh Revenue Authority (“WRA”) or to the detention of persons by WRA in connection with such investigations;
make provision permitting a person exercising a function conferred on WRA by the regulations to use reasonable force in the exercise of such a function;
specify that where premises are searched by WRA in reliance on a warrant under section 8 of, or paragraph 12 of Schedule 1 to, this Act (as applied by regulations under paragraph (a)) persons found on the premises may be searched—
in such cases and circumstances as are specified in the regulations, and
subject to any conditions specified in the regulations.
Regulations under subsection (1) may—
make provision that applies generally or only in specified cases,
make different provision for different cases or circumstances, and
may, in modifying a provision, in particular impose conditions on the exercise of a function.
The power to make regulations under subsection (1) is exercisable by statutory instrument.
A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
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This section has effect for determining whether an offence is a serious arrestable offence for the purposes of this Act.
The following arrestable offences are always serious—
an offence (whether at common law or under any enactment) specified in Part I of Schedule 5 to this Act; and
an offence under an enactment specified in Part II of that Schedule.
Subject to subsections (4) and (5) below, any other arrestable offence is serious only if its commission—
has led to any of the consequences specified in subsection (6) below; or
is intended or is likely to lead to any of those consequences.
An arrestable offence which consists of making a threat is serious if carrying out the threat would be likely to lead to any of the consequences specified in subsection (6) below.
An offence under section 1, 9 or 10 of the Prevention of Terrorism (Temporary Provisions) Act 1984 is always a serious arrestable offence for the purposes of section 56 or 58 above, and an attempt or conspiracy to commit any such offence is also always a serious arrestable offence for those purposes.
The consequences mentioned in subsections (3) and (4) above are
serious harm to the security of the State or to public order;
serious interference with the administration of justice or with the investigation of offences or of a particular offence;
the death of any person ;
serious injury to any person;
substantial financial gain to any person ; and
serious financial loss to any person.
Loss is serious for the purposes of this section if, having regard to all the circumstances, it is serious for the person who suffers it.
In this section " injury " includes any disease and any impairment of a person's physical or mental condition.
The Secretary of State may by order direct that— shall apply, with such modifications as may be specified in the order, for the purposes of investigations falling within subsection (2) as they apply for the purposes of investigations of offences conducted by police officers.
the provisions of Schedule 1 to this Act so far as they relate to special procedure material, and
the other provisions of this Act so far as they relate to the provisions falling within paragraph (a) above,
An investigation falls within this subsection if—
it is conducted by an officer of the department of the Secretary of State for Business and Trade or by another person acting on that Secretary of State’s behalf;
it is conducted by that officer or other person in the discharge of a duty to investigate offences; and
the investigation relates to an indictable offence or to anything which there are reasonable grounds for suspecting has involved the commission of an indictable offence.
The investigations for the purposes of which provisions of this Act may be applied with modifications by an order under this section include investigations of offences committed, or suspected of having been committed, before the coming into force of the order or of this section.
An order under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Where any provision of this Act— the officer may use reasonable force, if necessary, in the exercise of the power.
confers a power on a constable; and
does not provide that the power may only be exercised with the consent of some person, other than a police officer,
The Secretary of State may by regulations apply any provision of this Act which relates to investigations of offences conducted by police officers to investigations of labour market offences conducted by labour abuse prevention officersenforcement officers.
The regulations may apply provisions of this Act with any modifications specified in the regulations.
In this section “labour abuse prevention officer” means an officer of the Gangmasters and Labour Abuse Authority who—
falls within subsection (4), and
is authorised (whether generally or specifically) by the Secretary of State for the purposes of this section.
An officer of the Gangmasters and Labour Abuse Authority falls within this subsection if he or she is—
acting for the purposes of the Employment Agencies Act 1973 (see section 8A of that Act),
acting for the purposes of the National Minimum Wage Act 1998 (see section 13 of that Act),
acting for the purposes of the Gangmasters (Licensing) Act 2004 as an enforcement officer within the meaning of section 15 of that Act,
acting for the purposes of Part 1 or 2 of the Modern Slavery Act 2015 (see sections 11A and 30A of that Act), or
acting for any other purpose prescribed in regulations made by the Secretary of State.
The investigations for the purposes of which provisions of this Act may be applied by regulations under this section include investigations of offences committed, or suspected of having been committed, before the coming into force of the regulations or of this section.
Regulations under this section are to be made by statutory instrument.
Regulations under this section may make—
different provision for different purposes;
provision which applies generally or for particular purposes;
incidental, supplementary, consequential, transitional or transitory provision or savings.
Regulations under subsection (4)(e) may, in particular, make such provision amending, repealing or revoking any enactment as the Secretary of State considers appropriate in consequence of any provision made by the regulations.
A statutory instrument containing regulations under subsection (4)(e) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Any other A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
In this section—
In this Act— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix); “designated police station” has the meaning assigned to it by section 35 above; “document” means anything in which information of any description is recorded.; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “item subject to legal privilege” has the meaning assigned to it by section 10 above; “parent or guardian” means— in the case of a child or young person in the care of a local authority, that authority; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “premises” has the meaning assigned to it by section 23 above; “recordable offence” means any offence to which regulations under section 27 above apply; “vessel” includes any ship, boat, raft or other apparatus constructed or adapted for floating on water.
Subject to subsection (2A) a person is in police detention for the purposes of this Act if— and is detained there or is detained elsewhere in the charge of a constable, except that a person who is at a court after being charged is not in police detention for those purposes.
he has been taken to a police station after being arrested for an offence or after being arrested under section 41 or 43B of the Terrorism Act 2000 or section 27 of the National Security Act 2023, or
he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it,
Where a person is in another’s lawful custody by virtue of paragraph ... 34(1) or 35(3) of Schedule 4 to the Police Reform Act 2002, he shall be treated as in police detention.
The Secretary of State may by regulations apply any provision of this Act which relates to investigations of offences conducted by police officers to investigations of offences conducted by food crime officers.
The regulations may apply provisions of this Act with any modifications specified in the regulations.
In this section “food crime officer” means an officer of the Food Standards Agency who—
is acting for the purposes of the performance by the Food Standards Agency of its functions under the Food Standards Act 1999 or any other enactment (including functions relating to the investigation of offences), and
is authorised (whether generally or specifically) by the Secretary of State for the purposes of this section.
The investigations for the purposes of which provisions of this Act may be applied by regulations under this section include investigations of offences committed, or suspected of having been committed, before the coming into force of the regulations or of this section.
Regulations under this section are to be made by statutory instrument.
Regulations under this section may make—
different provision for different purposes;
provision which applies generally or for particular purposes;
incidental, supplementary, consequential, transitional or transitory provision or savings.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “enactment” includes—
an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, and
an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru.
The enactments mentioned in Schedule 6 to this Act shall have effect with the amendments there specified.
The enactments mentioned in Schedule 7 to this Act (which include enactments already obsolete or unnecessary) are repealed to the extent specified in the third column of that Schedule.
The repeals in Parts II and IV of Schedule 7 to this Act have effect only in relation to criminal proceedings.
Subject to the following provisions of this section, this Act extends to England and Wales only.
The following extend to Scotland only— . . . . . . section 111; section 112(1); and section 119(2), so far as it relates to the provisions of the Pedlars Act 1871 repealed by Part VI of Schedule 7.
The following extend to Northern Ireland only— section 6(4); and section 112(2).
The following extend to England and Wales and Scotland— section 6(1) and (2); section 7; . . . . . . . . . section 119(2), so far as it relates to section 19 of the Pedlars Act 1871.
The following extend to England and Wales, Scotland and Northern Ireland— section 6(3); section 9(2A); . . . section 114(1).
Nothing in subsection (1) affects—
the extent of section 113(1) to (7) and (12) to (14);
the extent of the relevant provisions so far as they relate to service proceedings.
So far as they relate to proceedings before the Courts-Martial Appeal Court, the relevant provisions extend to any place at which such proceedings may be held.
In this section “the relevant provisions” means—
section 67(11) to (13);
subsection (12) of that section so far as it relates to subsection (11);
Parts VII and VIII of this Act, except paragraph 10 of Schedule 3;
section 113(8) to (10).
subsection (13) of that section, so far as it relates to an order under subsection (12).
In this section “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006.”
Except as provided by the foregoing provisions of this section, section 113 above extends to any place to which the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 extends.
Section 384 of the Armed Forces Act 2006 (Channel Islands, Isle of Man and British overseas territories) applies in relation to the provisions mentioned in subsection (6)(a) and (b) above as it applies in relation to that Act.
Section 119(1), so far as it relates to any provision amended by Part II of Schedule 6, extends to any place to which that provision extends.
Section 119(1), so far as it relates to any provision amended by Part II of Schedule 6, extends to any place to which that provision extends.
to any provision contained in—
to any provision mentioned in Part VI of Schedule 7, other than section 18 of the Pedlars Act 1871,
So far as any of the following— section 115; in section 118, the definition of “document”; this section; section 121; and section 122, has effect in relation to any other provision of this Act, it extends to any place to which that provision extends.
This Act, except section 120 above, this section and section 122 below, shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions and for different purposes.
Different days may be appointed under this section for the coming into force of section 60 above in different areas.
When an order under this section provides by virtue of subsection (2) above that section 60 above shall come into force in an area specified in the order, the duty imposed on the Secretary of State by that section shall be construed as a duty to make an order under it in relation to interviews in that area.
An order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into operation.
This Act may be cited as the Police and Criminal Evidence Act 1984.
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Section 63A(4)
A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(5A). The power under sub-paragraph (1) above may not be exercised in a case falling within section 61(5A)(b)(i) (fingerprints taken on previous occasion insufficient etc ) after the end of the period of six months beginning with the day on which the appropriate officer was informed that section 61(3A)(a) or (b) applied. In sub-paragraph (2) above “ appropriate officer ” means the officer investigating the offence for which the person was arrested. The power under sub-paragraph (1) above may not be exercised in a case falling within section 61(5A)(b)(ii) (fingerprints destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.
A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(5B). The power under sub-paragraph (1) above may not be exercised after the end of the period of six months beginning with— In sub-paragraph (2)(b) above “ appropriate officer ” means the officer investigating the offence for which the person was charged or informed that he would be reported.
in a case falling within section 61(5B)(b)(i) (fingerprints taken on previous occasion insufficient etc ), the day on which the appropriate officer was informed that section 61(3A)(a) or (b) applied. , or
in a case falling within section 61(5B)(b)(ii) (fingerprints destroyed where investigation interrupted), the day on which the investigation was resumed.
A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(6). Where the condition in section 61(6ZA)(a) is satisfied (fingerprints not taken previously), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with— Where the condition in section 61(6ZA)(b) is satisfied (fingerprints taken on previous occasion insufficient etc ), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with— In sub-paragraph (3)(a) above “ appropriate officer ” means an officer of the police force which investigated the offence in question. Sub-paragraphs (2) and (3) above do not apply where the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction or caution ).
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A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(6D).
Where a person's fingerprints have been taken under section 61 on two occasions in relation to any offence, he may not under this Schedule be required to attend a police station to have his fingerprints taken under that section in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector. Where an authorisation is given under sub-paragraph (1) above— shall be recorded as soon as practicable after it has been given.
A constable may require a person to attend a police station for the purpose of taking an intimate sample from him under section 62(1A) if, in the course of the investigation of an offence, two or more non-intimate samples suitable for the same means of analysis have been taken from him but have proved insufficient.
A constable may require a person to attend a police station for the purpose of taking a sample from him under section 62(2A) if two or more non-intimate samples suitable for the same means of analysis have been taken from him under section 63(3E) but have proved insufficient.
A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3ZA). The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3ZA)(b)(i) or (ii) (sample taken on a previous occasion not suitable etc ) after the end of the period of six months beginning with the day on which the appropriate officer was informed of the matters specified in section 63(3ZA)(b)(i) or (ii). In sub-paragraph (2) above, “ appropriate officer ” means the officer investigating the offence for which the person was arrested. The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3ZA)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.
A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3A). The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(a) (sample not taken previously) after the end of the period of six months beginning with the day on which he was charged or informed that he would be reported. The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(b)(i) or (ii) (sample taken on a previous occasion not suitable etc ) after the end of the period of six months beginning with the day on which the appropriate officer was informed of the matters specified in section 63(3A)(b)(i) or (ii). In sub-paragraph (3) above “ appropriate officer ” means the officer investigating the offence for which the person was charged or informed that he would be reported. The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.
A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3B). Where the condition in section 63(3BA)(a) is satisfied (sample not taken previously), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with— Where the condition in section 63(3BA)(b) is satisfied (sample taken on a previous occasion not suitable etc ), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with— In sub-paragraph (3)(a) above “ appropriate officer ” means an officer of the police force which investigated the offence in question. Sub-paragraphs (2) and (3) above do not apply where—
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A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3E).
Where a non-intimate sample has been taken from a person under section 63 on two occasions in relation to any offence, he may not under this Schedule be required to attend a police station to have another such sample taken from him under that section in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector. Where an authorisation is given under sub-paragraph (1) above— shall be recorded as soon as practicable after it has been given.
A constable may require a person who falls within section 64A(1D)(a) to attend a police station to be photographed under section 64A(1C). The power under sub-paragraph (1) may not be exercised in a case where section 64A(1E)(b) applies (photograph taken on a previous occasion unavailable or inadequate) after the end of the period of six months beginning with the day on which the appropriate officer was informed that section 64(1E)(b)(i) applied. In sub-paragraph (2) the “appropriate officer” means the officer investigating the offence for which the person was arrested.
A constable may require a person who falls within section 64A(1D)(b) or (c) to attend a police station to be photographed under section 64A(1C). The power under sub-paragraph (1) may not be exercised after the end of the period of six months beginning with— In sub-paragraph (2)(b) the “appropriate officer” means the officer investigating the offence for which the person was charged or informed that they would be reported.
A constable may require a person who falls within section 64A(1F) to attend a police station to be photographed under section 64A(1C). Where section 64A(1G)(a) applies (photographs not previously taken), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with— Where section 64A(1G)(b) applies (photograph taken on previous occasion unavailable or inadequate), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with— In sub-paragraph (3)(a), “appropriate officer” means an officer of the police force which investigated the offence in question. Sub-paragraphs (2) and (3) do not apply where the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction or caution).
A constable may require a person falling within section 64A(1H) to attend at a police station to be photographed under section 64A(1C).
Where a photograph is taken of a person under section 64A on two occasions in relation to any offence, the person may not under this Schedule be required to attend a police station to be photographed under that section in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector. Where an authorisation is given under sub-paragraph (1)— must be recorded as soon as practicable after it has been given.
A power conferred by this Schedule to require a person to attend a police station for the purposes of taking fingerprints , a sample or a photograph under any provision of this Act may be exercised only in a case where the fingerprints , sample or photograph may be taken from the person under that provision (and, in particular, if any necessary authorisation for taking the fingerprints , sample or photograph under that provision has been obtained).
A requirement under this Schedule— In specifying a date, time or times for the purposes of sub-paragraph (1) above, the constable shall consider whether the fingerprints , sample or photograph could reasonably be taken at a time when the person is for any other reason required to attend the police station. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If the constable giving a requirement under this Schedule and the person to whom it is given so agree, it may be varied so as to specify any date, time at which or times between which the person must attend; but a variation shall not have effect unless confirmed by the constable in writing.
A constable may arrest without warrant a person who has failed to comply with a requirement under this Schedule.
Section 63C
Common assault.
Battery.
Offences under the following provisions of the Offences against the Person Act 1861—
section 16 (threats to kill);
section 18 (wounding with intent to cause grievous bodily harm);
section 20 (malicious wounding);
section 47 (assault occasioning actual bodily harm).
An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to persons under sixteen).
An offence under section 1 of the Prevention of Crime Act 1953 (carrying offensive weapon in public place).
An offence under section 1(1A) of the Restriction of Offensive Weapons Act 1959 (possession of flick knife, flick gun or gravity knife).
Offences under the following provisions of the Theft Act 1968—
section 1 (theft);
section 8 (robbery);
section 9 (burglary);
section 10 (aggravated burglary);
section 12 (taking motor vehicle or other conveyance without authority);
section 12A (aggravated vehicle-taking);
section 22 (handling stolen goods);
section 25 (going equipped for stealing, etc).
An offence under section 1(1) of the Criminal Attempts Act 1981, if committed in respect of an offence under any of the following provisions of the Theft Act 1968—
section 1 (theft);
section 8 (robbery);
section 9 (burglary);
section 22 (handling stolen goods).
Offences under the following provisions of the Misuse of Drugs Act 1971, if committed in respect of a specified controlled drug—
section 4 (restriction of production and supply of controlled drugs);
section 5 (2) (possession of controlled drug);
section 5 (3) (possession of controlled drug with intent to supply).
Offences under the following provisions of the Criminal Damage Act 1971, other than an offence of arson—
section 1 (1) (destroying or damaging property);
section 1 (2) (destroying or damaging property with intent to endanger life, etc).
Offences under the following provisions of the Public Order Act 1986—
section 2 (violent disorder);
section 3 (affray);
section 4 (fear or provocation of violence);
section 4A (intentional harassment, alarm or distress);
section 4B (intentional harassment, alarm or distress on account of sex);
section 5 (harassment).
Offences under the following provisions of the Criminal Justice Act 1988—
section 139 (having article with blade or point in public place);
section 139A (1) (having article with blade or point on education premises);
section 139A (2) (having offensive weapon on education premises);
section 141 (1A) (possession of offensive weapon in private).
Offences under the following provisions of the Road Traffic Act 1988—
section 4 (1) (driving when unfit through drink or drugs);
section 4 (2) (being in charge when unfit through drink or drugs).
Offences under the following provisions of the Football (Offences) Act 1991—
section 2 (throwing of missiles);
section 3 (indecent or racialist chanting);
section 4 (going onto the playing area).
Offences under the following provisions of the Protection from Harassment Act 1997—
section 2 (harassment);
section 2A (stalking);
section 4 (putting people in fear of violence);
section 4A (stalking involving fear of violence or serious alarm or distress).
An offence under section 32 of the Crime and Disorder Act 1998 (racially or religiously aggravated harassment, etc).
An offence under section 42A of the Criminal Justice and Police Act 2001 (harassment etc of a person in their home).
Offences under the following provisions of the Sexual Offences Act 2003—
section 1 (rape);
section 2 (assault by penetration);
section 3 (sexual assault);
section 61 (administering a substance with intent).
Offences under the following provisions of the Serious Crime Act 2015—
section 75A (strangulation or suffocation);
section 76 (controlling or coercive behaviour).