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
- Title and introductory text
- 1 Power of constable to stop and search persons, vehicles etc.
- 2 Provisions relating to search under section 1 and other powers.
- 3 Duty to make records concerning searches.
- 4 Road checks.
- 5 Reports of recorded searches and of road checks.
- 6 Statutory undertakers etc.
- 7 Part I—supplementary
- 8 Power of justice of the peace to authorise entry and search of premises.
- 9 Special provisions as to access.
- 10 Meaning of “items subject to legal privilege”.
- 11 Meaning of “excluded material”.
- 12 Meaning of “personal records”.
- 13 Meaning of “journalistic material”.
- 14 Meaning of “special procedure material”.
- 15 Search warrants—safeguards.
- 16 Execution of warrants.
- 17 Entry for purpose of arrest etc.
- 18 Entry and search after arrest.
- 19 General power of seizure etc.
- 20 Extension of powers of seizure to computerised information.
- 21 Access and copying.
- 22 Retention.
- 23 Meaning of “premises” etc.
- 24 Arrest without warrant: constables
- 24A Arrest without warrant: other persons
- 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 26 Repeal of statutory powers of arrest without warrant or order.
- 27 Fingerprinting of certain offenders.
- 28 Information to be given on arrest.
- 29 Voluntary attendance at police station etc.
- 30 Arrest elsewhere than at police station.
- 30A Release of a person arrested elsewhere than at police station
- 30B ... section 30A: notices
- 30C ... section 30A: supplemental
- 30CA Bail under section 30A: variation of conditions by police
- 30CB Bail under section 30A: variation of conditions by court
- 30D Failure to answer to bail under section 30A
- 31 Arrest for further offence.
- 32 Search upon arrest.
- 33 Execution of warrant not in possession of constable.
- 34 Limitations on police detention.
- 35 Designated police stations.
- 36 Custody officers at police stations.
- 37 Duties of custody officer before charge.
- 37A Guidance
- 37B Consultation with the Director of Public Prosecutions
- 37C Breach of bail following release under section 37(7)(a)
- 37CA Breach of bail following release under section 37(7)(b)
- 37D Release on bail under section 37: further provision
- 38 Duties of custody officer after charge.
- 39 Responsibilities in relation to persons detained.
- 40 Review of police detention.
- 40A Use of telephone for review under s. 40
- 41 Limits on period of detention without charge.
- 42 Authorisation of continued detention.
- 43 Warrants of further detention.
- 44 Extension of warrants of further detention.
- 45 Detention before charge—supplementary.
- 45ZA Functions of extending detention: use of live links
- 45ZB Warrants for further detention: use of live links
- 45A Use of live links for other decisions about detention
- 46 Detention after charge.
- 46ZA Persons granted live link bail
- 46A Power of arrest for failure to answer to police bail.
- 47 Bail after arrest.
- 47ZZA Duty to seek views of alleged victims on conditions of pre-charge bail
- 47ZA Limits on period of bail without charge
- 47ZB Applicable bail period: initial limit
- 47ZC Applicable bail period: conditions A to D in sections 47ZD to 47ZG
- 47ZD Applicable bail period: extension of initial limit in standard cases
- 47ZDA Applicable bail period: further extension of limit in standard cases
- 47ZDB Applicable bail period: extension of limit in non-standard cases
- 47ZE Applicable bail period: extension of limit in designated cases
- 47ZF Applicable bail period: first extension of limit by court
- 47ZG Applicable bail period: subsequent extensions of limit by court
- 47ZH Sections 47ZF and 47ZG: withholding sensitive information
- 47ZI Sections 47ZF to 47ZH: proceedings in magistrates’ court
- 47ZJ Sections 47ZF and 47ZG: late applications to magistrates’ court
- 47ZK Rules
- 47ZL Applicable bail period and bail return date: special case of release on bail under section 37(7)(a) or 37C(2)(b)
- 47ZM Applicable bail period: special cases of release on bail under section 30A and periods in hospital
- 47A Early administrative hearings conducted by justices’ clerks.
- 48 Remands to police detention.
- 49 Police detention to count towards custodial sentence.
- 50 Records of detention.
- 50A Interpretation of references to pre-conditions for bail
- 50B Guidance from the College of Policing on pre-charge bail
- 51 Savings.
- 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 53 Abolition of certain powers of constables to search persons.
- 54 Searches of detained persons.
- 54A Searches and examination to ascertain identity
- 54B Searches of persons answering to live link bail
- 54C Power to retain articles seized
- 55 Intimate searches
- 55A X-rays and ultrasound scans
- 56 Right to have someone informed when arrested.
- 57 Additional rights of children and young persons.
- 58 Access to legal advice.
- 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 60 Audio recording of interviews.
- 60A Visual recording of interviews
- 60B Notification of decision not to prosecute person interviewed
- 61 Finger-printing.
- 61A Impressions of footwear
- 62 Intimate samples.
- 63 Other samples.
- 63A Fingerprints and samples: supplementary provisions.
- 63AA Inclusion of DNA profiles on National DNA Database
- 63AB National DNA Database Strategy Board
- 63B Testing for presence of Class A controlled drugs.
- 63C Testing for presence of Class A controlled drugs: supplementary.
- 63D Destruction of fingerprints and DNA profiles
- 63E Retention of section 63D material pending investigation or proceedings
- 63F Retention of section 63D material: persons arrested for or charged with a qualifying offence
- 63G Retention of section 63D material by virtue of section 63F(5): consent of Commissioner
- 63H Retention of section 63D material: persons arrested for or charged with a minor offence
- 63I Retention of material: persons convicted of a recordable offence
- 63IA Retention of material: persons convicted of an offence outside England and Wales after taking of section 63D material
- 63J Retention of material: persons convicted of an offence outside England and Wales: other cases
- 63K Retention of section 63D material: exception for persons under 18 convicted of first minor offence
- 63KA Retention of section 63D material under section 63IA: exception for persons under 18 convicted of first minor offence outside England and Wales
- 63L Retention of section 63D material: persons given a penalty notice
- 63M Retention of section 63D material for purposes of national security
- 63N Retention of section 63D material given voluntarily
- 63O Retention of section 63D material with consent
- 63P Retention of 63D material in connection with different offence
- 63PA Retention of further sets of fingerprints
- 63Q Destruction of copies of section 63D material
- 63R Destruction of samples
- 63S Destruction of impressions of footwear
- 63T Use of retained material
- 63U Exclusions for certain regimes
- 64 Destruction of fingerprints and samples.
- 64A Photographing of suspects etc.
- 65 Part V—supplementary.
- 65A “Qualifying offence”
- 65B Persons convicted of an offence”
- 66 Codes of practice.
- 67 Codes of practice—supplementary.
- 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 71 Microfilm copies.
- 72 Part VII—supplementary.
- 73 Proof of convictions and acquittals.
- 74 Conviction as evidence of commission of offence.
- 75 Provisions supplementary to section 74.
- 76 Confessions.
- 76A Confessions may be given in evidence for co-accused
- 77 Confessions by mentally handicapped persons.
- 78 Exclusion of unfair evidence.
- 79 Time for taking accused’s evidence.
- 80 Competence and compellability of accused’s spouse or civil partner.
- 80A Rule where accused’s spouse or civil partner not compellable.
- 81 Advance notice of expert evidence in Crown Court.
- 82 Part VIII— interpretation.
- 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 107 Police officers performing duties of higher rank.
- 108 Deputy chief constables.
- 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 110 Functions of special constables in Scotland.
- 111 Regulations for Police Forces and Police Cadets—Scotland.
- 112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 113 Application of Act to Armed Forces.
- 114 Application of Act to Revenue and Customs
- 114ZA Application of Act to Welsh Revenue Authority
- 114A Power to apply Act to officers of the Secretary of State etc.
- 114B Application of Act to labour abuse prevention officers enforcement officers
- 114C Power to apply Act to food crime officers
- 115 Expenses.
- 116 Meaning of “serious arrestable offence”.
- 117 Power of constable to use reasonable force.
- 118 General interpretation.
- 119 Amendments and repeals.
- 120 Extent.
- 121 Commencement.
- 122 Short title.
- SCHEDULE 1 Special Procedure
- SCHEDULE 2
- SCHEDULE 2A Fingerprinting , samples and photographs: power to require attendance at police station
- Schedule 2B Testing for controlled drugs: trigger offences
- SCHEDULE 3
- SCHEDULE 4
- SCHEDULE 5
- SCHEDULE 6 Minor and Consequential Amendments
- SCHEDULE 7 Repeals
Proposed changes to this act
No one has proposed a change to this act yet.
211 provisions
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Propose a change106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change107 Police officers performing duties of higher rank.
(1) 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 (a) 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 (b) 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. (2) 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.
Propose a change108 Deputy chief constables.
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Propose a change109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change110 Functions of special constables in Scotland.
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Propose a change111 Regulations for Police Forces and Police Cadets—Scotland.
(1) In section 26 to the Police (Scotland) Act 1967 (regulations as to government and administration of police forces)— (a) after subsection (1) there shall be inserted the following subsection— (1A) Regulations under this section may authorise the Secretary of State, the police authority or the chief constable to make provision for any purpose specified in the regulations. ; and (b) at the end there shall be inserted the following subsection— (10) Any statutory instrument made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. . (2) 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)”.
Propose a change112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change113 Application of Act to Armed Forces.
(1) The Secretary of State may by order make provision in relation to— (a) investigations of service offences, (b) persons arrested under a power conferred by or under the Armed Forces Act 2006, (c) persons charged under that Act with service offences, (d) persons in service custody, or (e) persons convicted of service offences, 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. (2) Section 67(9) above shall not have effect in relation to investigations of service offences. (3) 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— (a) the exercise of powers conferred by or under Part 3 of the Armed Forces Act 2006; or (b) investigations of service offences. (3A) In subsections (4) to (10), “code” means a code of practice under subsection (3). (4) 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— (a) the audio recording of interviews; (b) searches of persons and premises; and (c) the seizure of things found on searches. (5) The Secretary of State may at any time revise the whole or any part of a code. (6) A code may be made, or revised, so as to— (a) apply only in relation to one or more specified areas, (b) have effect only for a specified period, (c) apply only in relation to specified offences or descriptions of offender. (7) The Secretary of State must lay a code, or any revision of a code, before Parliament. (8) 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. (9) 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). (10) 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. (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (12) 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. (12A) In this section— “service offence” has the meaning given by section 50 of the Armed Forces Act 2006; “criminal proceedings” includes service proceedings; “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and “civilian court” has the meaning given by section 374 of the Armed Forces Act 2006; 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. (13) 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. (14) 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.
Propose a change114 Application of Act to Revenue and Customs
(1) “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. (2) The Treasury may by order direct— (a) 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 (b) that, in relation to investigations of offences conducted by officers of Revenue and Customs— (i) this Act shall have effect as if the following sections were inserted after section 14— Exception for Revenue and Customs. 14A 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 which relates to a matter in relation to which Her Majesty's Revenue and Customs have functions, is neither excluded material nor special procedure material for the purposes of any enactment such as is mentioned in section 9(2) above. Revenue and Customs: restriction on other powers to apply for production of documents 14B (1) An officer of Revenue and Customs may make an application for the delivery of, or access to, documents under a provision specified in subsection (3) only if the condition in subsection (2) is satisfied. (2) The condition is that the officer thinks that an application under Schedule 1 would not succeed because the material required does not consist of or include special procedure material. (3) The provisions are— (a) section 20BA of, and Schedule 1AA to, the Taxes Management Act 1970 (serious tax fraud); (b) paragraph 11 of Schedule 11 to the Value Added Tax Act 1994 (VAT); (c) paragraph 4A of Schedule 7 to the Finance Act 1994 (insurance premium tax); (d) paragraph 7 of Schedule 5 to the Finance Act 1996 (landfill tax); (e) paragraph 131 of Schedule 6 to the Finance Act 2000 (climate change levy); (f) paragraph 8 of Schedule 7 to the Finance Act 2001 (aggregates levy); (g) Part 6 of Schedule 13 to the Finance Act 2003 (stamp duty land tax). ; and (ii) section 55 above shall have effect as if it related only to things such as are mentioned in subsection (1)(a) of that section. (d) 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— (i) in such cases and circumstances as are specified in the order, and (ii) subject to any conditions specified in the order; and (e) 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. (2A) 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. (3) An order under subsection (2)— (a) may make provision that applies generally or only in specified cases or circumstances, (b) may make different provision for different cases or circumstances, (c) may, in modifying a provision, in particular impose conditions on the exercise of a function, and (d) shall not be taken to limit a power under section 164 of the Customs and Excise Management Act 1979. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) 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.
Propose a change114ZA Application of Act to Welsh Revenue Authority
(1) The Welsh Ministers may by regulations— (a) 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; (b) 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; (c) 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— (i) in such cases and circumstances as are specified in the regulations, and (ii) subject to any conditions specified in the regulations. (2) Regulations under subsection (1) may— (a) make provision that applies generally or only in specified cases, (b) make different provision for different cases or circumstances, and (c) may, in modifying a provision, in particular impose conditions on the exercise of a function. (3) The power to make regulations under subsection (1) is exercisable by statutory instrument. (4) 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.
Propose a change114A Power to apply Act to officers of the Secretary of State etc.
(1) The Secretary of State may by order direct that— (a) the provisions of Schedule 1 to this Act so far as they relate to special procedure material, and (b) the other provisions of this Act so far as they relate to the provisions falling within paragraph (a) above, 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. (2) An investigation falls within this subsection if— (a) 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; (b) it is conducted by that officer or other person in the discharge of a duty to investigate offences; and (c) 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. (3) 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. (4) 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.
Propose a change114B Application of Act to labour abuse prevention officers enforcement officers
(1) 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. (2) The regulations may apply provisions of this Act with any modifications specified in the regulations. (3) In this section “labour abuse prevention officer” means an officer of the Gangmasters and Labour Abuse Authority who— (a) falls within subsection (4), and (b) is authorised (whether generally or specifically) by the Secretary of State for the purposes of this section. (4) An officer of the Gangmasters and Labour Abuse Authority falls within this subsection if he or she is— (a) acting for the purposes of the Employment Agencies Act 1973 (see section 8A of that Act), (b) acting for the purposes of the National Minimum Wage Act 1998 (see section 13 of that Act), (c) acting for the purposes of the Gangmasters (Licensing) Act 2004 as an enforcement officer within the meaning of section 15 of that Act, (d) acting for the purposes of Part 1 or 2 of the Modern Slavery Act 2015 (see sections 11A and 30A of that Act), or (e) acting for any other purpose prescribed in regulations made by the Secretary of State. (5) 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. (6) Regulations under this section are to be made by statutory instrument. (7) Regulations under this section may make— (a) different provision for different purposes; (b) provision which applies generally or for particular purposes; (c) incidental, supplementary, consequential, transitional or transitory provision or savings. (8) 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. (9) 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. (10) Any other A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (11) In this section— “enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978; “labour market offence” has the meaning given in section 3 of the Immigration Act 2016. (11) In this section— “enforcement officer” has the meaning given by section 90(3) of the Employment Rights Act 2025; “labour market offence” has the same meaning as in Part 5 of that Act (see section 151(1) of that Act).
Propose a change114C Power to apply Act to food crime officers
(1) 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. (2) The regulations may apply provisions of this Act with any modifications specified in the regulations. (3) In this section “food crime officer” means an officer of the Food Standards Agency who— (a) 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 (b) is authorised (whether generally or specifically) by the Secretary of State for the purposes of this section. (4) 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. (5) Regulations under this section are to be made by statutory instrument. (6) Regulations under this section may make— (a) different provision for different purposes; (b) provision which applies generally or for particular purposes; (c) incidental, supplementary, consequential, transitional or transitory provision or savings. (7) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (8) In this section “enactment” includes— (a) an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, and (b) an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru.
Propose a change115 Expenses.
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.
Propose a change116 Meaning of “serious arrestable offence”.
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Propose a change117 Power of constable to use reasonable force.
Where any provision of this Act— (a) confers a power on a constable; and (b) does not provide that the power may only be exercised with the consent of some person, other than a police officer, the officer may use reasonable force, if necessary, in the exercise of the power.
Propose a change118 General interpretation.
(1) 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. (2) Subject to subsection (2A) a person is in police detention for the purposes of this Act if— (a) 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 (b) he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it, 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. (2A) 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.
Propose a change119 Amendments and repeals.
(1) The enactments mentioned in Schedule 6 to this Act shall have effect with the amendments there specified. (2) 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. (3) The repeals in Parts II and IV of Schedule 7 to this Act have effect only in relation to criminal proceedings.
Propose a change120 Extent.
(1) Subject to the following provisions of this section, this Act extends to England and Wales only. (2) 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. (3) The following extend to Northern Ireland only— section 6(4); and section 112(2). (4) 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. (5) The following extend to England and Wales, Scotland and Northern Ireland— section 6(3); section 9(2A); . . . section 114(1). (6) Nothing in subsection (1) affects— (a) the extent of section 113(1) to (7) and (12) to (14); (b) the extent of the relevant provisions so far as they relate to service proceedings. (8) In this section “the relevant provisions” means— (a) section 67(11) to (13); (c) Parts VII and VIII of this Act, except paragraph 10 of Schedule 3; (d) section 113(8) to (10). (8A) 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.” (8B) 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. (9A) 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. (10) Section 119(2), so far as it relates— (a) to any provision contained in— the Army Act 1955; the Air Force Act 1955; the Armed Forces Act 1981; or the Value Added Tax Act 1983; (b) to any provision mentioned in Part VI of Schedule 7, other than section 18 of the Pedlars Act 1871, extends to any place to which that provision extends. (11) 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.
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