Law

Police and Criminal Evidence Act 1984

United Kingdom · statute

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In force since 2026-04-29, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 211 provisions
  1. Title and introductory text
  2. 1 Power of constable to stop and search persons, vehicles etc.
  3. 2 Provisions relating to search under section 1 and other powers.
  4. 3 Duty to make records concerning searches.
  5. 4 Road checks.
  6. 5 Reports of recorded searches and of road checks.
  7. 6 Statutory undertakers etc.
  8. 7 Part I—supplementary
  9. 8 Power of justice of the peace to authorise entry and search of premises.
  10. 9 Special provisions as to access.
  11. 10 Meaning of “items subject to legal privilege”.
  12. 11 Meaning of “excluded material”.
  13. 12 Meaning of “personal records”.
  14. 13 Meaning of “journalistic material”.
  15. 14 Meaning of “special procedure material”.
  16. 15 Search warrants—safeguards.
  17. 16 Execution of warrants.
  18. 17 Entry for purpose of arrest etc.
  19. 18 Entry and search after arrest.
  20. 19 General power of seizure etc.
  21. 20 Extension of powers of seizure to computerised information.
  22. 21 Access and copying.
  23. 22 Retention.
  24. 23 Meaning of “premises” etc.
  25. 24 Arrest without warrant: constables
  26. 24A Arrest without warrant: other persons
  27. 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  28. 26 Repeal of statutory powers of arrest without warrant or order.
  29. 27 Fingerprinting of certain offenders.
  30. 28 Information to be given on arrest.
  31. 29 Voluntary attendance at police station etc.
  32. 30 Arrest elsewhere than at police station.
  33. 30A Release of a person arrested elsewhere than at police station
  34. 30B ... section 30A: notices
  35. 30C ... section 30A: supplemental
  36. 30CA Bail under section 30A: variation of conditions by police
  37. 30CB Bail under section 30A: variation of conditions by court
  38. 30D Failure to answer to bail under section 30A
  39. 31 Arrest for further offence.
  40. 32 Search upon arrest.
  41. 33 Execution of warrant not in possession of constable.
  42. 34 Limitations on police detention.
  43. 35 Designated police stations.
  44. 36 Custody officers at police stations.
  45. 37 Duties of custody officer before charge.
  46. 37A Guidance
  47. 37B Consultation with the Director of Public Prosecutions
  48. 37C Breach of bail following release under section 37(7)(a)
  49. 37CA Breach of bail following release under section 37(7)(b)
  50. 37D Release on bail under section 37: further provision
  51. 38 Duties of custody officer after charge.
  52. 39 Responsibilities in relation to persons detained.
  53. 40 Review of police detention.
  54. 40A Use of telephone for review under s. 40
  55. 41 Limits on period of detention without charge.
  56. 42 Authorisation of continued detention.
  57. 43 Warrants of further detention.
  58. 44 Extension of warrants of further detention.
  59. 45 Detention before charge—supplementary.
  60. 45ZA Functions of extending detention: use of live links
  61. 45ZB Warrants for further detention: use of live links
  62. 45A Use of live links for other decisions about detention
  63. 46 Detention after charge.
  64. 46ZA Persons granted live link bail
  65. 46A Power of arrest for failure to answer to police bail.
  66. 47 Bail after arrest.
  67. 47ZZA Duty to seek views of alleged victims on conditions of pre-charge bail
  68. 47ZA Limits on period of bail without charge
  69. 47ZB Applicable bail period: initial limit
  70. 47ZC Applicable bail period: conditions A to D in sections 47ZD to 47ZG
  71. 47ZD Applicable bail period: extension of initial limit in standard cases
  72. 47ZDA Applicable bail period: further extension of limit in standard cases
  73. 47ZDB Applicable bail period: extension of limit in non-standard cases
  74. 47ZE Applicable bail period: extension of limit in designated cases
  75. 47ZF Applicable bail period: first extension of limit by court
  76. 47ZG Applicable bail period: subsequent extensions of limit by court
  77. 47ZH Sections 47ZF and 47ZG: withholding sensitive information
  78. 47ZI Sections 47ZF to 47ZH: proceedings in magistrates’ court
  79. 47ZJ Sections 47ZF and 47ZG: late applications to magistrates’ court
  80. 47ZK Rules
  81. 47ZL Applicable bail period and bail return date: special case of release on bail under section 37(7)(a) or 37C(2)(b)
  82. 47ZM Applicable bail period: special cases of release on bail under section 30A and periods in hospital
  83. 47A Early administrative hearings conducted by justices’ clerks.
  84. 48 Remands to police detention.
  85. 49 Police detention to count towards custodial sentence.
  86. 50 Records of detention.
  87. 50A Interpretation of references to pre-conditions for bail
  88. 50B Guidance from the College of Policing on pre-charge bail
  89. 51 Savings.
  90. 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  91. 53 Abolition of certain powers of constables to search persons.
  92. 54 Searches of detained persons.
  93. 54A Searches and examination to ascertain identity
  94. 54B Searches of persons answering to live link bail
  95. 54C Power to retain articles seized
  96. 55 Intimate searches
  97. 55A X-rays and ultrasound scans
  98. 56 Right to have someone informed when arrested.
  99. 57 Additional rights of children and young persons.
  100. 58 Access to legal advice.
  101. 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  102. 60 Audio recording of interviews.
  103. 60A Visual recording of interviews
  104. 60B Notification of decision not to prosecute person interviewed
  105. 61 Finger-printing.
  106. 61A Impressions of footwear
  107. 62 Intimate samples.
  108. 63 Other samples.
  109. 63A Fingerprints and samples: supplementary provisions.
  110. 63AA Inclusion of DNA profiles on National DNA Database
  111. 63AB National DNA Database Strategy Board
  112. 63B Testing for presence of Class A controlled drugs.
  113. 63C Testing for presence of Class A controlled drugs: supplementary.
  114. 63D Destruction of fingerprints and DNA profiles
  115. 63E Retention of section 63D material pending investigation or proceedings
  116. 63F Retention of section 63D material: persons arrested for or charged with a qualifying offence
  117. 63G Retention of section 63D material by virtue of section 63F(5): consent of Commissioner
  118. 63H Retention of section 63D material: persons arrested for or charged with a minor offence
  119. 63I Retention of material: persons convicted of a recordable offence
  120. 63IA Retention of material: persons convicted of an offence outside England and Wales after taking of section 63D material
  121. 63J Retention of material: persons convicted of an offence outside England and Wales: other cases
  122. 63K Retention of section 63D material: exception for persons under 18 convicted of first minor offence
  123. 63KA Retention of section 63D material under section 63IA: exception for persons under 18 convicted of first minor offence outside England and Wales
  124. 63L Retention of section 63D material: persons given a penalty notice
  125. 63M Retention of section 63D material for purposes of national security
  126. 63N Retention of section 63D material given voluntarily
  127. 63O Retention of section 63D material with consent
  128. 63P Retention of 63D material in connection with different offence
  129. 63PA Retention of further sets of fingerprints
  130. 63Q Destruction of copies of section 63D material
  131. 63R Destruction of samples
  132. 63S Destruction of impressions of footwear
  133. 63T Use of retained material
  134. 63U Exclusions for certain regimes
  135. 64 Destruction of fingerprints and samples.
  136. 64A Photographing of suspects etc.
  137. 65 Part V—supplementary.
  138. 65A “Qualifying offence”
  139. 65B Persons convicted of an offence”
  140. 66 Codes of practice.
  141. 67 Codes of practice—supplementary.
  142. 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  143. 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  144. 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  145. 71 Microfilm copies.
  146. 72 Part VII—supplementary.
  147. 73 Proof of convictions and acquittals.
  148. 74 Conviction as evidence of commission of offence.
  149. 75 Provisions supplementary to section 74.
  150. 76 Confessions.
  151. 76A Confessions may be given in evidence for co-accused
  152. 77 Confessions by mentally handicapped persons.
  153. 78 Exclusion of unfair evidence.
  154. 79 Time for taking accused’s evidence.
  155. 80 Competence and compellability of accused’s spouse or civil partner.
  156. 80A Rule where accused’s spouse or civil partner not compellable.
  157. 81 Advance notice of expert evidence in Crown Court.
  158. 82 Part VIII— interpretation.
  159. 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  160. 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  161. 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  162. 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  163. 87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  164. 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  165. 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  166. 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  167. 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  168. 92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  169. 93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  170. 94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  171. 95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  172. 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  173. 97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  174. 98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  175. 99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  176. 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  177. 101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  178. 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  179. 103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  180. 104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  181. 105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  182. 106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  183. 107 Police officers performing duties of higher rank.
  184. 108 Deputy chief constables.
  185. 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  186. 110 Functions of special constables in Scotland.
  187. 111 Regulations for Police Forces and Police Cadets—Scotland.
  188. 112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  189. 113 Application of Act to Armed Forces.
  190. 114 Application of Act to Revenue and Customs
  191. 114ZA Application of Act to Welsh Revenue Authority
  192. 114A Power to apply Act to officers of the Secretary of State etc.
  193. 114B Application of Act to labour abuse prevention officers enforcement officers
  194. 114C Power to apply Act to food crime officers
  195. 115 Expenses.
  196. 116 Meaning of “serious arrestable offence”.
  197. 117 Power of constable to use reasonable force.
  198. 118 General interpretation.
  199. 119 Amendments and repeals.
  200. 120 Extent.
  201. 121 Commencement.
  202. 122 Short title.
  203. SCHEDULE 1 Special Procedure
  204. SCHEDULE 2
  205. SCHEDULE 2A Fingerprinting , samples and photographs: power to require attendance at police station
  206. Schedule 2B Testing for controlled drugs: trigger offences
  207. SCHEDULE 3
  208. SCHEDULE 4
  209. SCHEDULE 5
  210. SCHEDULE 6 Minor and Consequential Amendments
  211. SCHEDULE 7 Repeals

Proposed changes to this act

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211 provisions

121 Commencement.

(1) 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. (2) Different days may be appointed under this section for the coming into force of section 60 above in different areas. (3) 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. (4) 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.

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122 Short title.

This Act may be cited as the Police and Criminal Evidence Act 1984.

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SCHEDULE 1 Special Procedure

Section 9. Making of orders by circuit judge 1 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. 2 The first set of access conditions is fulfilled if— (a) there are reasonable grounds for believing— (i) that an indictable offence has been committed; (ii) 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); (iii) 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 (iv) that the material is likely to be relevant evidence; (b) other methods of obtaining the material— (i) have been tried without success; or (ii) have not been tried because it appeared that they were bound to fail; and (c) it is in the public interest, having regard— (i) to the benefit likely to accrue to the investigation if the material is obtained; and (ii) to the circumstances under which the person in possession of the material holds it, that the material should be produced or that access to it should be given. 3 The second set of access conditions is fulfilled if— (a) 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); (b) 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 (c) the issue of such a warrant would have been appropriate. 4 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— (a) produce it to a constable for him to take away; or (b) give a constable access to it, 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. 5 Where the material consists of information stored in any electronic form— (a) 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 (b) 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. 6 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. Notices of applications for orders 7 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. 8 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. 9 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— (a) on a body corporate, by serving it on the body’s secretary or clerk or other similar officer; and (b) on a partnership, by serving in on one of the partners. 10 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. 11 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— (a) with the leave of a judge; or (b) with the written permission of a constable, until— (i) the application is dismissed or abandoned; or (ii) he has complied with an order under paragraph 4 above made on the application. Issue of warrants by circuit judge 12 If on an application made by a constable a circuit judge— (a) is satisfied— (i) that either set of access conditions is fulfilled; and (ii) 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 (b) is satisfied— (i) that the second set of access conditions is fulfilled; and (ii) that an order under paragraph 4 above relating to the material has not been complied with, 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”). 12A The judge may not issue an all premises warrant unless he is satisfied— (a) 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 (b) that it is not reasonably practicable to specify all the premises which he occupies or controls which might need to be searched. 13 A constable may seize and retain anything for which a search has been authorised under paragraph 12 above. 14 The further conditions mentioned in paragraph 12 (a)(ii) above are— (a) that it is not practicable to communicate with any person entitled to grant entry to the premises . . . ; (b) 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; (c) that the material contains information which— (i) is subject to a restriction or obligation such as is mentioned in section 11(2)(b) above; and (ii) is likely to be disclosed in breach of it if a warrant is not issued; (d) that service of notice of an application for an order under paragraph 4 above may seriously prejudice the investigation. 15 (1) 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. (2) 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. Procedural rules 15A 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. Costs 16 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.

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SCHEDULE 2

Section 26. Preserved Powers of Arrest . . . | . . . . . . | . . . . . . | . . . . . . | . . . 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.

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SCHEDULE 2A Fingerprinting , samples and photographs: power to require attendance at police station

Section 63A(4) Part 1 Fingerprinting Persons arrested and released 1 (1) A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(5A). (2) 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. (3) In sub-paragraph (2) above “ appropriate officer ” means the officer investigating the offence for which the person was arrested. (4) 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. Persons charged etc 2 (1) A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(5B). (2) The power under sub-paragraph (1) above may not be exercised after the end of the period of six months beginning with— (a) in a case falling within section 61(5B)(a) (fingerprints not taken previously), the day on which the person was charged or informed that he would be reported, or (b) 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 (c) in a case falling within section 61(5B)(b)(ii) (fingerprints destroyed where investigation interrupted), the day on which the investigation was resumed. (3) 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. Persons convicted etc of an offence in England and Wales 3 (1) A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(6). (2) 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— (a) the day on which the person was convicted or cautioned , or (b) if later, the day on which this Schedule comes into force. (3) 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— (a) the day on which an appropriate officer was informed that section 61(3A)(a) or (b) applied, or (b) if later, the day on which this Schedule comes into force. (4) In sub-paragraph (3)(a) above “ appropriate officer ” means an officer of the police force which investigated the offence in question. (5) 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 ). Persons subject to a control order 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Persons convicted etc of an offence outside England and Wales Multiple attendance Part 2 Intimate samples Persons suspected to be involved in an offence Persons convicted etc of an offence outside England and Wales Part 3 Non-intimate samples Persons arrested and released 9 (1) 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). (2) 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). (3) In sub-paragraph (2) above, “ appropriate officer ” means the officer investigating the offence for which the person was arrested. (4) 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. Persons charged etc 10 (1) 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). (2) 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. (3) 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). (4) 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. (5) 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. Persons convicted etc of an offence in England and Wales 11 (1) 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). (2) 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— (a) the day on which the person was convicted or cautioned , or (b) if later, the day on which this Schedule comes into force. (3) 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— (a) the day on which an appropriate officer was informed of the matters specified in section 63(3BA)(b)(i) or (ii), or (b) if later, the day on which this Schedule comes into force. (4) In sub-paragraph (3)(a) above “ appropriate officer ” means an officer of the police force which investigated the offence in question. (5) Sub-paragraphs (2) and (3) above do not apply where— (a) the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction or caution ), or (b) he was convicted before 10th April 1995 and is a person to whom section 1 of the Criminal Evidence (Amendment) Act 1997 applies. Persons subject to a control order 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3A Photographs Persons arrested and released 14A (1) 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). (2) 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. (3) In sub-paragraph (2) the “appropriate officer” means the officer investigating the offence for which the person was arrested. Persons charged etc. 14B (1) 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). (2) The power under sub-paragraph (1) may not be exercised after the end of the period of six months beginning with— (a) in a case where section 64A(1E)(a) applies (photograph not previously taken), the day on which the person was charged or informed that they would be reported, or (b) in a case where section 64A(1E)(b) applies (photograph taken on a previous occasion unavailable or inadequate), the day on which the appropriate officer was informed that section 64A(1E)(b)(i) applied. (3) 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. Persons convicted of an offence etc. in England and Wales 14C (1) A constable may require a person who falls within section 64A(1F) to attend a police station to be photographed under section 64A(1C). (2) 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— (a) the day on which the person was convicted or cautioned, or (b) if later, the day on which this Part comes into force. (3) 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— (a) the day on which an appropriate officer was informed that section 64A(1G)(b)(i) applied, or (b) if later, the day on which this Part comes into force. (4) In sub-paragraph (3)(a), “appropriate officer” means an officer of the police force which investigated the offence in question. (5) 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). Persons convicted of an offence etc. outside England and Wales 14D A constable may require a person falling within section 64A(1H) to attend at a police station to be photographed under section 64A(1C). Multiple exercise of power 14E (1) 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. (2) Where an authorisation is given under sub-paragraph (1)— (a) the fact of the authorisation, and (b) the reasons for giving it, must be recorded as soon as practicable after it has been given. Part 4 General and supplementary

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Schedule 2B Testing for controlled drugs: trigger offences

Section 63C Common law offences 1 Common assault. 2 Battery. Offences against the Person Act 1861 3 Offences under the following provisions of the Offences against the Person Act 1861— (a) section 16 (threats to kill); (b) section 18 (wounding with intent to cause grievous bodily harm); (c) section 20 (malicious wounding); (d) section 47 (assault occasioning actual bodily harm). Children and Young Persons Act 1933 4 An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to persons under sixteen). Prevention of Crime Act 1953 5 An offence under section 1 of the Prevention of Crime Act 1953 (carrying offensive weapon in public place). Restriction of Offensive Weapons Act 1959 6 An offence under section 1(1A) of the Restriction of Offensive Weapons Act 1959 (possession of flick knife, flick gun or gravity knife). Theft Act 1968, etc 7 Offences under the following provisions of the Theft Act 1968— (a) section 1 (theft); (b) section 8 (robbery); (c) section 9 (burglary); (d) section 10 (aggravated burglary); (e) section 12 (taking motor vehicle or other conveyance without authority); (f) section 12A (aggravated vehicle-taking); (g) section 22 (handling stolen goods); (h) section 25 (going equipped for stealing, etc). 8 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— (a) section 1 (theft); (b) section 8 (robbery); (c) section 9 (burglary); (d) section 22 (handling stolen goods). Misuse of Drugs Act 1971 9 Offences under the following provisions of the Misuse of Drugs Act 1971, if committed in respect of a specified controlled drug— (a) section 4 (restriction of production and supply of controlled drugs); (b) section 5 (2) (possession of controlled drug); (c) section 5 (3) (possession of controlled drug with intent to supply). Criminal Damage Act 1971 10 Offences under the following provisions of the Criminal Damage Act 1971, other than an offence of arson— (a) section 1 (1) (destroying or damaging property); (b) section 1 (2) (destroying or damaging property with intent to endanger life, etc). Public Order Act 1986 11 Offences under the following provisions of the Public Order Act 1986— (a) section 2 (violent disorder); (b) section 3 (affray); (c) section 4 (fear or provocation of violence); (d) section 4A (intentional harassment, alarm or distress); (e) section 4B (intentional harassment, alarm or distress on account of sex); (f) section 5 (harassment). Criminal Justice Act 1988 12 Offences under the following provisions of the Criminal Justice Act 1988— (a) section 139 (having article with blade or point in public place); (b) section 139A (1) (having article with blade or point on education premises); (c) section 139A (2) (having offensive weapon on education premises); (d) section 141 (1A) (possession of offensive weapon in private). Road Traffic Act 1988 13 Offences under the following provisions of the Road Traffic Act 1988— (a) section 4 (1) (driving when unfit through drink or drugs); (b) section 4 (2) (being in charge when unfit through drink or drugs). Football (Offences) Act 1991 14 Offences under the following provisions of the Football (Offences) Act 1991— (a) section 2 (throwing of missiles); (b) section 3 (indecent or racialist chanting); (c) section 4 (going onto the playing area). Protection from Harassment Act 1997 15 Offences under the following provisions of the Protection from Harassment Act 1997— (a) section 2 (harassment); (b) section 2A (stalking); (c) section 4 (putting people in fear of violence); (d) section 4A (stalking involving fear of violence or serious alarm or distress). Crime and Disorder Act 1998 16 An offence under section 32 of the Crime and Disorder Act 1998 (racially or religiously aggravated harassment, etc). Criminal Justice and Police Act 2001 17 An offence under section 42A of the Criminal Justice and Police Act 2001 (harassment etc of a person in their home). Sexual Offences Act 2003 18 Offences under the following provisions of the Sexual Offences Act 2003— (a) section 1 (rape); (b) section 2 (assault by penetration); (c) section 3 (sexual assault); (d) section 61 (administering a substance with intent). Serious Crime Act 2015 19 Offences under the following provisions of the Serious Crime Act 2015— (a) section 75A (strangulation or suffocation); (b) section 76 (controlling or coercive behaviour).

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SCHEDULE 3

Part I Provisions Supplementary to Section 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1–7 Part II Provisions Supplementary to Section 69 8 In any proceedings where it is desired to give a statement in evidence in accordance with section 69 above, a certificate— (a) identifying the document containing the statement and describing the manner in which it was produced; (b) 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; (c) dealing with any of the matters mentioned in subsection (1) of section 69 above; and (d) purporting to be signed by a person occupying a responsible position in relation to the operation of the computer, 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. 9 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.. 10 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— (a) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; (b) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum . . . or to both. 11 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— (a) 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 (b) 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. 12 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. Part III Provisions Supplementary to Sections 68 and 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 14 For the purpose of deciding whether or not a statement is so admissible the court may draw any reasonable inference— (a) from the circumstances in which the statement was made or otherwise came into being; or (b) from any other circumstances, including the form and contents of the document in which the statement is contained. 15 Provision may be made by rules of court for supplementing the provisions of section 68 or 69 above or this Schedule.

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SCHEDULE 4

Part I General Constitution of Authority 1 (1) The Police Complaints Authority shall consist of a chairman and not less than 8 other members. (2) The chairman shall be appointed by Her Majesty. (3) The other members shall be appointed by the Secretary of State. (4) The members of the Authority shall not include any person who is or has been a constable in any part of the United Kingdom. (5) Persons may be appointed as whole-time or part-time members of the Authority. (6) The Secretary of State may appoint not more than two of the members of the Authority to be deputy chairmen. Incorporation and status of Authority 2 (1) The Authority shall be a body corporate. (2) 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. Members 3 (1) 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. (2) A person shall not be appointed to such an office for more than 3 years at a time. (3) A person may at any time resign such an office. (4) The Secretary of State may at any time remove a person from such an office if satisfied that— (a) he has without reasonable excuse failed to carry out his duties for a continuous period of 3 months beginning not earlier than 6 months before that time; or (b) he has been convicted of a criminal offence; or (c) he has become bankrupt or made an arrangement with his creditors; or (d) he is incapacitated by physical or mental illness; or (da) he has acted improperly in relation to his duties, or (e) he is otherwise unable or unfit to perform his duties. 4 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. 5 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. Staff 6 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. 7 (1) Employment by the Authority shall be included among the kinds of employment to which a superannuation scheme under section 1 of the Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act, at the end of the list of “Other Bodies” there shall be inserted— Police Complaints Authority . (2) 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. 8 The Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Authority. Power of Authority to set up regional offices 9 (1) 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. (2) The Authority may delegate any of their functions to a regional office. Proceedings 10 (1) 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. (2) 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. 11 The validity of any proceedings of the Authority shall not be affected— (a) by any defect in the appointment— (i) of the chairman; (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (iii) of any other member, or (b) by any vacancy— (i) in the office of chairman; (ii) among the other members; . . . (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Finance 12 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. 13 (1) It shall be the duty of the Authority— (a) to keep proper accounts and proper records in relation to the accounts; (b) to prepare in respect of each financial year of the Authority a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and (c) to send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates. (2) 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. (3) The financial year of the Authority shall be the 12 months ending on 31st March. Part II Transitional Information received by Police Complaints Board 14 (1) 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— (a) 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; or (b) for the purposes of any criminal, civil or disciplinary proceedings. (2) 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 . . .. Property, rights and liabilities 15 (1) 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. (2) 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 16 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. Payments to former members of Police Complaints Board 17 Where a person— (a) ceases to be a member of the Police Complaints Board by reason of its abolition; and (b) does not become a member of the Authority, 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. General 18 Paragraphs 14 to 17 above are without prejudice to the generality of section 121(4) above.

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SCHEDULE 5

Part I Offences Mentioned in Section 116(2)(a) 1 Treason. 2 Murder. 3 Manslaughter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Kidnapping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 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). Part II Offences Mentioned in Section 116(2)(b) Explosive Substances Act 1883 (c. 3) 1 Section 2 (causing explosion likely to endanger life or property). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Firearms Act 1968 (c. 27) 3 Section 16 (possession of firearms with intent to injure). 4 Section 17(1) (use of firearms and imitation firearms to resist arrest). 5 Section 18 (carrying firearms with criminal intent). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Taking of Hostages Act 1982 (c. 28) 7 Section 1 (hostage-taking). Aviation Security Act 1982 (c. 36) 8 Section 1 (hi-jacking). Criminal Justice Act 1988 (c. 33) 9 Section 134 (Torture). The Road Traffic Act 1988 (c. 52) Section 1 (causing death by dangerous driving). Section 3A (causing death by careless driving when under the influence of drink or drugs). Aviation and Maritime Security Act 1990 (c. 31) 11 Section 1 (endangering safety at aerodromes). 12 Section 9 (hijacking of ships). 13 Section 10 (seizing or exercising control of fixed platforms). Channel Tunnel (Security) Order 1994 No. 14 Article 4 (hijacking of Channel Tunnel trains). 15 Article 5 (seizing or exercising control of the tunnel system). Protection of Children Act 1978 (c. 37.) 16 Section 1 (indecent photographs and pseudo-photographs of children). Obscene Publications Act 1959 (c.66.) 17 Section 2 (publication of obscene matter). Sexual Offences Act 2003 18 Section 1 (rape). 19 Section 2 (assault by penetration). 20 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. 21 Section 5 (rape of a child under 13). 22 Section 6 (assault of a child under 13 by penetration). 23 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. 25 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. Domestic Violence, Crime and Victims Act 2004 24 Section 5 (causing or allowing the death of a child or vulnerable adult).

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SCHEDULE 6 Minor and Consequential Amendments

Section 119. Part I England and Wales Game Act 1831 (c. 32) 1 The following section shall be inserted after section 31 of the Game Act 1831— Powers of constables in relation to trespassers. 31A The powers conferred by section 31 above to require a person found on land as mentioned in that section to quit the land and to tell his christian name, surname, and place of abode shall also be exercisable by a police constable. . Metropolitan Police Act 1839 (c. 47) 2 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”. Railway Regulation Act 1840 (c. 97) 3 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,”. London Hackney Carriages Act 1843 (c. 86) 4 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.”. Town Gardens Protection Act 1863 (c. 13) 5 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”. Parks Regulation Act 1872 (c. 15) 6 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)— 5 Any person who— (a) within the view of a park constable acts in contravention of any of the said regulations in the park where the park constable has jurisdiction; and (b) when required by any park constable or by any police constable to give his name and address gives a false name or false address, shall be liable on summary conviction to a penalty of an amount not exceeding level 1 on the standard scale, as defined in section 75 of the Criminal Justice Act 1982. . Dogs (Protection of Livestock) Act 1953 (c. 28) 7 In the Dogs (Protection of Livestock) Act 1953 the following section shall be inserted after section 2— Power of justice of the peace to authorise entry and search. 2A If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing— (a) that an offence under this Act has been committed; and (b) that the dog in respect of which the offence has been committed is on premises specified in the application, he may issue a warrant authorising a constable to enter and search the premises in order to identify the dog. . Army Act 1955 (c. 18)Air Force Act 1955 (c. 19) 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sexual Offences Act 1956 (c. 69) 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Game Laws (Amendment) Act 1960 (c. 36) 10 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 words purpose— (a) 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 (b) of arresting him in accordance with section 25 of the Police and Criminal Evidence Act 1984. . 11 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”. Betting, Gaming and Lotteries Act 1963 (c. 2) 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deer Act 1963 (c. 36) 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Police Act 1964 (c. 48) 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Law Act 1967 (c. 58) 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Theatres Act 1968 (c. 54) 18 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”. Children and Young Persons Act 1969 (c. 54) 19 In the Children and Young Persons Act 1969— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) the following section shall be substituted for section 29— 29 A child or young person arrested in pursuance of a warrant shall not be released unless he or his parent or guardian (with or without sureties) enters into a recognisance for such amount as the custody officer at the police station where he is detained considers will secure his attendance at the hearing of the charge; and the recognisance entered into in pursuance of this section may, if the custody officer thinks fit, be conditioned for the attendance of the parent or guardian at the hearing in addition to the child or young person. . Immigration Act 1971 (c. 77) 20 In section 25(3) of the Immigration Act 1971 for the words “A constable or” there shall be substituted the word “An”. Criminal Justice Act 1972 (c. 71) 21 In subsection (1) of section 34 of the Criminal Justice Act 1972 (powers of constable to take drunken offender to treatment centre) for the words from the beginning to “section the” there shall be substituted the words On arresting an offender for an offence under— (a) section 12 of the Licensing Act 1872; or (b) section 91(1) of the Criminal Justice Act 1967, a . . . . 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deer Act 1980 (c. 49) 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Animal Health Act 1981 (c. 22) 24 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”. Wildlife and Countryside Act 1981 (c. 69) 25 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”. Mental Health Act 1983 (c. 20) 26 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”. 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part II Other Amendments Army Act 1955 (c. 18) 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Air Force Act 1955 (c. 19) 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Police (Scotland) Act 1967 (c. 77) 30 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”. 31 In section 7(1) of that Act (ranks) after the words “chief constable,” there shall be inserted the words “deputy chief constable,”. 32 In section 26(7) of that Act (disciplinary authority) immediately before the words “deputy chief constable” there shall be inserted the word “any”. 33 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”. Courts-Martial (Appeals) Act 1968 (c. 20) 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . House of Commons Disqualification Act 1975 (c. 24)Northern Ireland Assembly Disqualification Act 1975 (c. 25) 35 In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 and Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified under those Acts) there shall be inserted at the appropriate place in alphabetical order— The Police Complaints Authority . Armed Forces Act 1976 (c. 52) 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Customs and Excise Management Act 1979 (c. 2) 37 The following subsection shall be substituted for section 138(4) of the Customs and Excise Management Act 1979— (4) Where any person has been arrested by a person who is not an officer— (a) by virtue of this section; or (b) by virtue of section 24 of the Police and Criminal Evidence Act 1984 in its application to offences under the customs and excise Acts, the person arresting him shall give notice of the arrest to an officer at the nearest convenient office of customs and excise. . 38 In section 161 of that Act— (a) 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 (b) 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”. Betting and Gaming Duties Act 1981 (c. 63) 39 In the following provisions of the Betting and Gaming Duties Act 1981, namely— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . for the words “fourteen days” there shall be substituted the words “one month”. Car Tax Act 1983 (c. 53) 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Value Added Tax Act 1983 (c. 55) 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SCHEDULE 7 Repeals

Section 119. Part I Enactments Repealed in Consequence of Parts I to V 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”. Part II Enactments Repealed in Relation to Criminal Proceedings in Consequence of Part VII 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). Part III Enactments Repealed Generally in Consequence of Part VII 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). Part IV Enactments Repealed in Relation to Criminal Proceedings in Consequence of Part VIII 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.”. Part V Enactments Repealed Generally in Consequence of Part VIII 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). Part VI Miscellaneous Repeals 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.

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