Legalize / United Kingdom / Public General Act

Police and Criminal Evidence Act 1984

Type Public General Act

Publication 1984-10-31

Last updated 2026-04-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 2

Reform history JSON API

“fingerprints”, in relation to any person, means a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of— any of that person’s fingers; oreither of his palms;

“intimate sample” means— a sample of blood, semen or any other tissue fluid, urine or pubic hair;a dental impression;a swab taken from any part of a person's genitals (including pubic hair) or from a person's body orifice other than the mouth;

“intimate search” means a search which consists of the physical examination of a person’s body orifices other than the mouth;

“non-intimate sample” means— a sample of hair other than pubic hair;a sample taken from a nail or from under a nail;a swab taken from any part of a person's body other than a part from which a swab taken would be an intimate sample;saliva;a skin impression;

“offence”, in relation to any country or territory outside England and Wales, includes an act punishable under the law of that country or territory, however it is described;

“registered dentist” has the same meaning as in the Dentists Act 1984;

“registered health care professional” means a person (other than a medical practitioner) who is— a registered nurse; ora registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State;

“the responsible chief officer of police”, in relation to material to which section 63D or 63R applies, means the chief officer of police for the police area— in which the material concerned was taken, orin the case of a DNA profile, in which the sample from which the DNA profile was derived was taken;

“section 63D material” means fingerprints or DNA profiles to which section 63D applies;

“skin impression”, in relation to any person, means any record (other than a fingerprint) which is a record “ in any form and produced by any method) of the skin pattern and other physical characteristics or features of the whole or any part of his foot or of any other part of his body;

“speculative search”, in relation to a person’s fingerprints or samples, means such a check against other fingerprints or samples or against information derived from other samples as is referred to in section 63A(1) above;

“sufficient” and “insufficient”, in relation to a sample, means (subject to subsection (2) below) sufficient or insufficient (in point of quantity or quality) for the purpose of enabling information to be produced by the means of analysis used or to be used in relation to the sample;

“the terrorism provisions” means sections 41 and 43B of the Terrorism Act 2000, and any provision of Schedule 7 to that Act conferring a power of detention; and

“terrorism” has the meaning given in section 1 of that Act;

“terrorist investigation” has the meaning given by section 32 of that Act;

... ...

(1A) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.

(1B) An order under subsection (1) shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) References in this Part of this Act to a sample’s proving insufficient include references to where, as a consequence of—

(a) the loss, destruction or contamination of the whole or any part of the sample,

(b) any damage to the whole or a part of the sample, or

(c) the use of the whole or a part of the sample for an analysis which produced no results or which produced results some or all of which must be regarded, in the circumstances, as unreliable,

the sample has become unavailable or insufficient for the purpose of enabling information, or information of a particular description, to be obtained by means of analysis of the sample.

(2A) In subsection (2), the reference to the destruction of a sample does not include a reference to the destruction of a sample under section 63R (requirement to destroy samples).

(2B) Any reference in sections 63F, 63H, 63P or 63U to a person being charged with an offence includes a reference to a person being informed that the person will be reported for an offence.

(3) For the purposes of this Part, a person has in particular been convicted of an offence under the law of a country or territory outside England and Wales if—

(a) a court exercising jurisdiction under the law of that country or territory has made in respect of such an offence a finding equivalent to a finding that the person is not guilty by reason of insanity; or

(b) such a court has made in respect of such an offence a finding equivalent to a finding that the person is under a disability and did the act charged against him in respect of the offence.

“Qualifying offence”

65A

(1) In this Part, “qualifying offence” means—

(a) an offence specified in subsection (2) below, or

(b) an ancillary offence relating to such an offence.

(2) The offences referred to in subsection (1)(a) above are—

(a) murder;

(b) manslaughter;

(d) kidnapping;

(da) an offence of indecent exposure;

(db) an offence under section 4 of the Vagrancy Act 1824, committed by a person by wilfully, openly, lewdly, and obscenely exposing his person with intent to insult any female;

(dc) an offence under section 28 of the Town Police Clauses Act 1847, committed by a person by wilfully and indecently exposing his person;

(e) an offence under section 4, 16, 18, 20 to 24 or 47 of the Offences Against the Person Act 1861;

(f) an offence under section 2 or 3 of the Explosive Substances Act 1883;

(fa) an offence under section 1 of the Infant Life (Preservation) Act 1929;

(g) an offence under section 1 of the Children and Young Persons Act 1933;

(ga) an offence under section 1 of the Infanticide Act 1938;

(gb) an offence under section 12 or 13 of the Sexual Offences Act 1956, other than an offence committed by a person where the other person involved in the conduct constituting the offence consented to it and was aged 16 or over;

(gc) an offence under any other section of that Act, other than sections 18 and 32;

(gd) an offence under section 128 of the Mental Health Act 1959;

(ge) an offence under section 1 of the Indecency with Children Act 1960;

(h) an offence under section 4(1) of the Criminal Law Act 1967 committed in relation to murder;

(ha) an offence under section 5 of the Sexual Offences Act 1967;

(i) an offence under sections 16 to 18 of the Firearms Act 1968;

(j) an offence under section 8, 9 or 10 of the Theft Act 1968 or an offence under section 12A of that Act involving an accident which caused a person's death;

(ja) an offence under section 1(1) of the Genocide Act 1969;

(k) an offence under section 1 of the Criminal Damage Act 1971 required to be charged as arson;

(ka) an offence under section 54 of the Criminal Law Act 1977;

(l) an offence under section 1 of the Protection of Children Act 1978;

(m) an offence under section 1 of the Aviation Security Act 1982;

(n) an offence under section 2 of the Child Abduction Act 1984;

(na) an offence under section 1 of the Prohibition of Female Circumcision Act 1985;

(nb) an offence under section 1 of the Public Order Act 1986;

(o) an offence under section 9 of the Aviation and Maritime Security Act 1990;

(oa) an offence under section 3 of the Sexual Offences (Amendment) Act 2000;

(ob) an offence under section 51 of the International Criminal Court Act 2001;

(oc) an offence under section 1, 2 or 3 of the Female Genital Mutilation Act 2003;

(p) an offence under any of sections 1 to 19, 25, 26, 30 to 41, 47 to 50, 52, 53, 57 to 59A , 61 to 66A, 66B(2) and (3), 67, 69 and 70 of the Sexual Offences Act 2003;

(q) an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004;

(r) an offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008;

(ra) an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation);

(s) an offence under section 2 of the Modern Slavery Act 2015 (human trafficking);

(t) an offence under paragraph 1 of Schedule 4 to the Space Industry Act 2018;

(u) an offence under any of sections 136 to 138 and 148 to 150 of the Health and Care Act 2022 (offences relating to virginity testing and hymenoplasty).

(v) an offence under section 18 of the National Security Act 2023 or for the time being listed in section 33(3)(a) of that Act.

(3) The Secretary of State may by order made by statutory instrument amend subsection (2) above.

(4) A statutory instrument containing an order under subsection (3) above shall not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(5) In subsection (1)(b) above “ancillary offence”, in relation to an offence, means—

(a) aiding, abetting, counselling or procuring the commission of the offence;

(b) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence (including, in relation to times before the commencement of that Part, an offence of incitement);

Persons convicted of an offence”

65B

(1) For the purposes of this Part, any reference to a person who is convicted of an offence includes a reference to—

(a) a person who has been given a caution in respect of the offence which, at the time of the caution, the person has admitted,

(b) a person who has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 for the offence,

(d) a person who has been found to be under a disability and to have done the act charged in respect of the offence.

(2) This Part, so far as it relates to persons convicted of an offence, has effect despite anything in the Rehabilitation of Offenders Act 1974.

(3) But a person is not to be treated as having been convicted of an offence if that conviction is a disregarded conviction or caution by virtue of section 92 of the Protection of Freedoms Act 2012.

(4) If a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purposes of calculating under sections 63F, 63H and 63N whether the person has been convicted of only one offence.

(5) See also section 65(3) (which deals with findings equivalent to those mentioned in subsection (1)(c) or (d) by courts which exercise jurisdiction under the laws of countries or territories outside England and Wales).

Part VI — Codes of Practice—General

Codes of practice.

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The Secretary of State shall issue codes of practice in connection with—

(a) the exercise by police officers of statutory powers—

(i) to search a person without first arresting him; . . .

(ii) to search a vehicle without making an arrest; or

(iii) to arrest a person;

(b) the detention, treatment, questioning and identification of persons by police officers;

(d) the seizure of property found by police officers on persons or premises.

(2) Codes shall (in particular) include provision in connection with the exercise by police officers of powers under section 63B above.

(3) Nothing in this section requires the Secretary of State to issue a code of practice in relation to any matter falling within the code of practice issued under section 47AB(2) of the Terrorism Act 2000 (as that code is altered or replaced from time to time) (code of practice in relation to terrorism powers to search persons and vehicles and to stop and search in specified locations).

Codes of practice—supplementary.

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(1) In this section, “ code ” means a code of practice under section 60, 60A or 66.

(2) The Secretary of State may at any time revise the whole or any part of a code.

(3) 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,

(4) Before issuing a code, or any revision of a code, the Secretary of State must consult—

(a) such persons as appear to the Secretary of State to represent the views of police and crime commissioners,

(aa) the Mayor's Office for Policing and Crime,

(ab) the Common Council of the City of London,

(b) the National Police Chiefs’ Council,

(d) the Law Society of England and Wales,

(e) the Institute of Legal Executives, and

(f) such other persons as he thinks fit.

(4A) The duty to consult under subsection (4) does not apply to a revision of a code where the Secretary of State considers that—

(a) the revision is necessary in consequence of legislation, and

(b) the Secretary of State has no discretion as to the nature of the revision.

(4B) Where, in consequence of subsection (4A), a revision of a code is issued without prior consultation with the persons mentioned in subsection (4), the Secretary of State must (at the same time as issuing the revision) publish a statement that, in his or her opinion, paragraphs (a) and (b) of subsection (4A) apply to the revision.

(4C) In subsection (4A), “legislation” means any provision of—

(a) an Act,

(b) subordinate legislation within the meaning of the Interpretation Act 1978.

(5) A code, or a revision of a code, does not come into operation until the Secretary of State by order so provides.

(6) The power conferred by subsection (5) is exercisable by statutory instrument.

(7) An order bringing a code into operation may not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(7A) An order bringing a revision of a code into operation must be laid before Parliament if the order has been made without a draft having been so laid and approved by a resolution of each House.

(7B) When an order or draft of an order is laid, the code or revision of a code to which it relates must also be laid.

(7C) No order or draft of an order may be laid until the consultation required by subsection (4) has taken place.

(7D) An order bringing a code, or a revision of a code, into operation may include transitional or saving provisions.

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(9) Persons other than police officers who are charged with the duty of investigating offences or charging offenders shall in the discharge of that duty have regard to any relevant provision of . . . a code.

(9A) Persons on whom powers are conferred by—

(a) any designation under section 38 or 39 of the Police Reform Act 2002 (c. 30) (police powers for civilian staff and volunteers), or

(b) any accreditation under section 41 of that Act (accreditation under community safety accreditation schemes),

shall have regard to any relevant provision of a code . . . in the exercise or performance of the powers and duties conferred or imposed on them by that designation or accreditation.

(10) A failure on the part—

(a) of a police officer to comply with any provision of . . . a code; . . .

(b) of any person other than a police officer who is charged with the duty of investigating offences or charging offenders to have regard to any relevant provision of . . . a code in the discharge of that duty, , or

(c) of a person designated under section 38 or 39 or accredited under section 41 of the Police Reform Act 2002 (c. 30) to have regard to any relevant provision of . . . a code in the exercise or performance of the powers and duties conferred or imposed on him by that designation or accreditation,

shall not of itself render him liable to any criminal or civil proceedings.

(11) 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.

(12) In subsection (11) “ criminal proceedings ” includes service proceedings.

(13) 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.

Part VII — Documentary Evidence in Criminal Proceedings

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Microfilm copies.

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In any proceedings the contents of a document may (whether or not the document is still in existence) be proved by the production of an enlargement of a microfilm copy of that document or of the material part of it, authenticated in such manner as the court may approve.

Part VII—supplementary.

72

(1) In this Part of this Act—

“copy”, in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly, and “statement” means any representation of fact, however made; and

“proceedings” means criminal proceedings, including service proceedings.

(1A) In subsection (1) “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006.

(2) Nothing in this Part of this Act shall prejudice any power of a court to exclude evidence (whether by preventing questions from being put or otherwise) at its discretion.

Part VIII — Evidence in Criminal Proceedings—General

Convictions and acquittals

Proof of convictions and acquittals.

73

(1) Where in any proceedings the fact that a person has in the United Kingdom ... been convicted or acquitted of an offence otherwise than by a Service court is admissible in evidence, it may be proved by producing a certificate of conviction or, as the case may be, of acquittal relating to that offence, and proving that the person named in the certificate as having been convicted or acquitted of the offence is the person whose conviction or acquittal of the offence is to be proved.

(2) For the purposes of this section a certificate of conviction or of acquittal—

(a) shall, as regards a conviction or acquittal on indictment, consist of a certificate, signed by the proper officer of the court where the conviction or acquittal took place, giving the substance and effect (omitting the formal parts) of the indictment and of the conviction or acquittal; and

(b) shall, as regards a conviction or acquittal on a summary trial, consist of a copy of the conviction or of the dismissal of the information, signed by the proper officer of the court where the conviction or acquittal took place or by the proper officer of the court, if any, to which a memorandum of the conviction or acquittal was sent; ...

and a document purporting to be a duly signed certificate of conviction or acquittal under this section shall be taken to be such a certificate unless the contrary is proved.

(3) In subsection (2) above “proper officer” means—

(a) in relation to a magistrates’ court in England and Wales, the designated officer for the court; and

(b) in relation to any other court ..., the clerk of the court, his deputy or any other person having custody of the court record, ...

(4) The method of proving a conviction or acquittal authorised by this section shall be in addition to and not to the exclusion of any other authorised manner of proving a conviction or acquittal.

Conviction as evidence of commission of offence.

74

(1) In any proceedings the fact that a person other than the accused has been convicted of an offence by or before any court in the United Kingdom ... or by a Service court outside the United Kingdom shall be admissible in evidence for the purpose of proving, that that person committed that offence, where evidence of his having done so is admissible, whether or not any other evidence of his having committed that offence is given.

(2) In any proceedings in which by virtue of this section a person other than the accused is proved to have been convicted of an offence by or before any court in the United Kingdom ... or by a Service court outside the United Kingdom, he shall be taken to have committed that offence unless the contrary is proved.

(3) In any proceedings where evidence is admissible of the fact that the accused has committed an offence, . . . , if the accused is proved to have been convicted of the offence—

(a) by or before any court in the United Kingdom ...; or

(b) by a Service court outside the United Kingdom,

he shall be taken to have committed that offence unless the contrary is proved.

(4) Nothing in this section shall prejudice—

(a) the admissibility in evidence of any conviction which would be admissible apart from this section; or

(b) the operation of any enactment whereby a conviction or a finding of fact in any proceedings is for the purposes of any other proceedings made conclusive evidence of any fact.

Provisions supplementary to section 74.

75

(1) Where evidence that a person has been convicted of an offence is admissible by virtue of section 74 above, then without prejudice to the reception of any other admissible evidence for the purpose of identifying the facts on which the conviction was based—

(a) the contents of any document which is admissible as evidence of the conviction; and

(b) the contents of the information, complaint, indictment or charge-sheet on which the person in question was convicted,

shall be admissible in evidence for that purpose.

(2) Where in any proceedings the contents of any document are admissible in evidence by virtue of subsection (1) above, a copy of that document, or of the material part of it, purporting to be certified or otherwise authenticated by or on behalf of the court or authority having custody of that document shall be admissible in evidence and shall be taken to be a true copy of that document or part unless the contrary is shown.

(3) Nothing in any of the following—

(a) Section 14 of the Powers of Criminal Courts (Sentencing ) Act 2000 or section 82 of the Sentencing Code (under which a conviction leading to ... discharge is to be disregarded except as mentioned in that section);

(aa) section 187 of the Armed Forces Act 2006 (which makes similar provision in respect of service convictions);

(b) section 247 of the Criminal Procedure (Scotland) Act 1995 (which makes similar provision in respect of convictions on indictment in Scotland); and

(c) section 8 of the Probation Act (Northern Ireland) 1950 (which corresponds to section 13 of the Powers of Criminal Courts Act 1973) or any legislation which is in force in Northern Ireland for the time being and corresponds to that section,

shall affect the operation of section 74 above; and for the purposes of that section any order made by a court of summary jurisdiction in Scotland under section 182 or section 183 of the said Act of 1975 shall be treated as a conviction.

(4) Nothing in section 74 above shall be construed as rendering admissible in any proceedings evidence of any conviction other than a subsisting one.

Confessions

Confessions.

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(1) In any proceedings a confession made by an accused person may be given in evidence against him in so far as it is relevant to any matter in issue in the proceedings and is not excluded by the court in pursuance of this section.

(2) If, in any proceedings where the prosecution proposes to give in evidence a confession made by an accused person, it is represented to the court that the confession was or may have been obtained—

(a) by oppression of the person who made it; or

(b) in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be made by him in consequence thereof,

the court shall not allow the confession to be given in evidence against him except in so far as the prosecution proves to the court beyond reasonable doubt that the confession (notwithstanding that it may be true) was not obtained as aforesaid.

(3) In any proceedings where the prosecution proposes to give in evidence a confession made by an accused person, the court may of its own motion require the prosecution, as a condition of allowing it to do so, to prove that the confession was not obtained as mentioned in subsection (2) above.

(4) The fact that a confession is wholly or partly excluded in pursuance of this section shall not affect the admissibility in evidence—

(a) of any facts discovered as a result of the confession; or

(b) where the confession is relevant as showing that the accused speaks, writes or expresses himself in a particular way, of so much of the confession as is necessary to show that he does so.

(5) Evidence that a fact to which this subsection applies was discovered as a result of a statement made by an accused person shall not be admissible unless evidence of how it was discovered is given by him or on his behalf.

(6) Subsection (5) above applies—

(a) to any fact discovered as a result of a confession which is wholly excluded in pursuance of this section; and

(b) to any fact discovered as a result of a confession which is partly so excluded, if the fact is discovered as a result of the excluded part of the confession.

(7) Nothing in Part VII of this Act shall prejudice the admissibility of a confession made by an accused person.

(8) In this section “oppression” includes torture, inhuman or degrading treatment, and the use or threat of violence (whether or not amounting to torture).

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Confessions may be given in evidence for co-accused

76A

(1) In any proceedings a confession made by an accused person may be given in evidence for another person charged in the same proceedings (a co-accused) in so far as it is relevant to any matter in issue in the proceedings and is not excluded by the court in pursuance of this section.

(2) If, in any proceedings where a co-accused proposes to give in evidence a confession made by an accused person, it is represented to the court that the confession was or may have been obtained—

(a) by oppression of the person who made it; or

(b) in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be made by him in consequence thereof,

the court shall not allow the confession to be given in evidence for the co-accused except in so far as it is proved to the court on the balance of probabilities that the confession (notwithstanding that it may be true) was not so obtained.

(3) Before allowing a confession made by an accused person to be given in evidence for a co-accused in any proceedings, the court may of its own motion require the fact that the confession was not obtained as mentioned in subsection (2) above to be proved in the proceedings on the balance of probabilities.

(4) The fact that a confession is wholly or partly excluded in pursuance of this section shall not affect the admissibility in evidence—

(a) of any facts discovered as a result of the confession; or

(b) where the confession is relevant as showing that the accused speaks, writes or expresses himself in a particular way, of so much of the confession as is necessary to show that he does so.

(5) Evidence that a fact to which this subsection applies was discovered as a result of a statement made by an accused person shall not be admissible unless evidence of how it was discovered is given by him or on his behalf.

(6) Subsection (5) above applies—

(a) to any fact discovered as a result of a confession which is wholly excluded in pursuance of this section; and

(b) to any fact discovered as a result of a confession which is partly so excluded, if the fact is discovered as a result of the excluded part of the confession.

(7) In this section “oppression” includes torture, inhuman or degrading treatment, and the use or threat of violence (whether or not amounting to torture).

Confessions by mentally handicapped persons.

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(1) Without prejudice to the general duty of the court at a trial on indictment with a jury to direct the jury on any matter on which it appears to the court appropriate to do so, where at such a trial—

(a) the case against the accused depends wholly or substantially on a confession by him; and

(b) the court is satisfied—

(i) that he is mentally handicapped; and

(ii) that the confession was not made in the presence of an independent person,

the court shall warn the jury that there is special need for caution before convicting the accused in reliance on the confession, and shall explain that the need arises because of the circumstances mentioned in paragraphs (a) and (b) above.

(2) In any case where at the summary trial of a person for an offence it appears to the court that a warning under subsection (1) above would be required if the trial were on indictment with a jury , the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.

(2A) In any case where at the trial on indictment without a jury of a person for an offence it appears to the court that a warning under subsection (1) above would be required if the trial were with a jury, the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.

(3) In this section—

“independent person” does not include a police officer or a person employed for, or engaged on, police purposes;

“mentally handicapped”, in relation to a person, means that he is in a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning; and

“police purposes” has the meaning assigned to it by section 101(2) of the Police Act 1996.

Miscellaneous

Exclusion of unfair evidence.

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(1) In any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.

(2) Nothing in this section shall prejudice any rule of law requiring a court to exclude evidence.

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Time for taking accused’s evidence.

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If at the trial of any person for an offence—

(a) the defence intends to call two or more witnesses to the facts of the case; and

(b) those witnesses include the accused,

the accused shall be called before the other witness or witnesses unless the court in its discretion otherwise directs.

Competence and compellability of accused’s spouse or civil partner.

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(1) In any proceedings the wife or husband of the accused shall be competent to give evidence—

(a) subject to subsection (4) below, for the prosecution; and

(b) on behalf of the accused or any person jointly charged with the accused.

(2) In any proceedings the spouse or civil partner of a person charged in the proceedings shall, subject to subsection (4) below, be compellable to give evidence on behalf of that person.

(2A) In any proceedings the spouse or civil partner of a person charged in the proceedings shall, subject to subsection (4) below, be compellable—

(a) to give evidence on behalf of any other person charged in the proceedings but only in respect of any specified offence with which that other person is charged; or

(b) to give evidence for the prosecution but only in respect of any specified offence with which any person is charged in the proceedings.

(3) In relation to the spouse or civil partner of a person charged in any proceedings, an offence is a specified offence for the purposes of subsection (2A) above if—

(a) it involves an assault on, or injury or a threat of injury to, the spouse or civil partner or a person who was at the material time under the age of 16;

(b) it is a sexual offence alleged to have been committed in respect of a person who was at the material time under that age; or

(c) it consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within paragraph (a) or (b) above.

(4) No person who is charged in any proceedings shall be compellable by virtue of subsection (2) or (2A) above to give evidence in the proceedings.

(4A) References in this section to a person charged in any proceedings do not include a person who is not, or is no longer, liable to be convicted of any offence in the proceedings (whether as a result of pleading guilty or for any other reason).

(5) In any proceedings a person who has been but is no longer married to the accused shall be competent and compellable to give evidence as if that person and the accused had never been married.

(5A) In any proceedings a person who has been but is no longer the civil partner of the accused shall be compellable to give evidence as if that person and the accused had never been civil partners.

(6) Where in any proceedings the age of any person at any time is material for the purposes of subsection (3) above, his age at the material time shall for the purposes of that provision be deemed to be or to have been that which appears to the court to be or to have been his age at that time.

(7) In subsection (3)(b) above “sexual offence” means an offence under the Sexual Offences Act 1956, the Indecency with Children Act 1960, the Sexual Offences Act 1967, section 54 of the Criminal Law Act 1977 or the Protection of Children Act 1978 or Part 1 of the Sexual Offences Act 2003 , or an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation). .

(8) The failure of the wife or husband of the accused to give evidence shall not be made the subject of any comment by the prosecution.

(9) Section 1(d) of the Criminal Evidence Act 1898 (communications between husband and wife) and section 43(1) of the Matrimonial Causes Act 1965 (evidence as to marital intercourse) shall cease to have effect.

Rule where accused’s spouse or civil partner not compellable.

80A

The failure of the spouse or civil partner of a person charged in any proceedings to give evidence in the proceedings shall not be made the subject of any comment by the prosecution.

Advance notice of expert evidence in Crown Court.

81

(1) Criminal Procedure Rules may make provision for—

(a) requiring any party to proceedings before the court to disclose to the other party or parties any expert evidence which he proposes to adduce in the proceedings; and

(b) prohibiting a party who fails to comply in respect of any evidence with any requirement imposed by virtue of paragraph (a) above from adducing that evidence without the leave of the court.

(2) Criminal Procedure Rules made by virtue of this section may specify the kinds of expert evidence to which they apply and may exempt facts or matters of any description specified in the rules.

Part VIII—supplementary

Part VIII— interpretation.

82

(1) In this Part of this Act—

“confession”, includes any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not and whether made in words or otherwise;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“proceedings” means criminal proceedings, including service proceedings;

“Service court” means the Court Martial or the Service Civilian Court.

(1A) In subsection (1) “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Nothing in this Part of this Act shall prejudice any power of a court to exclude evidence (whether by preventing questions from being put or otherwise) at its discretion.

Part IX — Police Complaints and Discipline

The Police Complaints Authority

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83

Handling of complaints etc.

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84

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85

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86

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87

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88

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89

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90

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91

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92

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93

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94

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95

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96

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97

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98

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99

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100

Amendments of discipline provisions

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101

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102

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103

General

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104

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105

Part X — Police—General

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106

Police officers performing duties of higher rank.

107

(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.

Deputy chief constables.

108

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109

Functions of special constables in Scotland.

110

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Regulations for Police Forces and Police Cadets—Scotland.

111

(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)”.

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112

Part XI — Miscellaneous and Supplementary

Application of Act to Armed Forces.

113

(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,

(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

(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,

(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.

Application of Act to Revenue and Customs

114

(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—

(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. (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,

(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.

Application of Act to Welsh Revenue Authority

114ZA

(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

(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.

Power to apply Act to officers of the Secretary of State etc.

114A

(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.

Application of Act to labour abuse prevention officers enforcement officers

114B

(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;

(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).

Power to apply Act to food crime officers

114C

(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;

(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.

Expenses.

115

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.

Meaning of “serious arrestable offence”.

116

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Power of constable to use reasonable force.

117

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.

General interpretation.

118

(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.

Amendments and repeals.

119

(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.

Extent.

120

(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);

(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.

Commencement.

121

(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.

Short title.

122

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

SCHEDULE 1

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

(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

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;

(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.

SCHEDULE 1A

Customs and Excise Acts

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Official Secrets Act 1920

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 1925

2ZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Wireless Telegraphy Act 1949

2A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prevention of Crime Act 1953

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sexual Offences Act 1956

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obscene Publications Act 1959

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Firearms Act 1968

5A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Theft Act 1968

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Misuse of Drugs Act 1971

6A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Theft Act 1978

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Protection of Children Act 1978

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Wildlife and Countryside Act 1981

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Civil Aviation Act 1982

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Aviation Security Act 1982

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sexual Offences Act 1985

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public Order Act 1986

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 1988

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Road Traffic Act 1988

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Official Secrets Act 1989

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Football Spectators Act 1989

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Football (Offences) Act 1991

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice and Public Order Act 1994

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police Act 1996

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Protection from Harassment Act 1997

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Crime and Disorder Act 1998

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice and Police Act 2001

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Licensing Act 2003

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sexual Offences Act 2003

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prevention of Terrorism Act 2005

27A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2

SCHEDULE 2A

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

5

A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(6D).

Multiple attendance

6

(1) Where a person's fingerprints have been taken under section 61 on two occasions in relation to any offence, he may not under this Schedule be required to attend a police station to have his fingerprints taken under that section in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector.

(2) Where an authorisation is given under sub-paragraph (1) above—

(a) the fact of the authorisation, and

(b) the reasons for giving it,

shall be recorded as soon as practicable after it has been given.

Part 2 — Intimate samples

Persons suspected to be involved in an offence

7

A constable may require a person to attend a police station for the purpose of taking an intimate sample from him under section 62(1A) if, in the course of the investigation of an offence, two or more non-intimate samples suitable for the same means of analysis have been taken from him but have proved insufficient.

Persons convicted etc of an offence outside England and Wales

8

A constable may require a person to attend a police station for the purpose of taking a sample from him under section 62(2A) if two or more non-intimate samples suitable for the same means of analysis have been taken from him under section 63(3E) but have proved insufficient.

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.

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