Legalize / United Kingdom / Public General Act

Criminal Justice and Public Order Act 1994

Type Public General Act

Publication 1994-11-03

Last updated 2026-04-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(4) Regulations made under this section shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

(5) Regulations under this section may—

(a) provide for determinations with respect to matters to which the regulations relate to be made wholly or partly by reference to such factors, and the opinion or recommendations of such persons, as may be specified or described in the regulations;

(b) authorise the matters considered and determined in pursuance of the regulations to include matters applicable to times and periods before they are considered or determined;

(c) make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit; and

(d) make different provision for different cases.

(6) For the purposes of this section, the prison service comprises all the individuals who hold any post, other than as chaplain or assistant chaplain, to which they have been appointed for the purposes of section 2(2) of the Prison Act (Northern Ireland) 1953.

Part IX — Miscellaneous Amendments: Scotland

Transfer of persons detained by police and customs officers.

129

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In subsection (1) of section 48 of the Criminal Justice (Scotland) Act 1987 (detention of suspect by customs officer)—

(a) after the word “premises” there shall be inserted the words “ and may thereafter for that purpose take him to any other place ”; and

(b) for the word “there” there shall be substituted the words “ at the customs office, or as the case may be the other premises or place. ”.

(5) In subsection (5) of that section—

(a) after paragraph (a) there shall be inserted the following paragraph—

(aa) any other place to which the person is, during the detention, thereafter taken;

; and

(b) in paragraph (f), for the words “departure from the customs office or other premises” there shall be substituted the words “ release from detention ”.

(6) In section 49(1) of that Act (intimation to solicitor and other person of detention under section 48)—

(a) for the words “at a customs office or other premises” there shall be substituted the words “ and has been taken to a customs office or other premises or place ”; and

(b) for the words “place where he is being detained” there shall be substituted the words “ customs office or other premises or place ”.

Detention and release of children: Scotland.

130

(1) In section 7 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (children detained in solemn proceedings), after subsection (1) there shall be inserted—

(1A) The Secretary of State may by order provide— (a) that the reference to— (i) four years, in paragraph (a) of subsection (1) above; or (ii) four or more years, in paragraph (b) of that subsection, shall be construed as a reference to such other period as may be specified in the order; (b) that the reference to— (i) half, in the said paragraph (a); or (ii) two thirds, in the said paragraph (b), shall be construed as a reference to such other proportion of the period specified in the sentence as may be specified in the order. (1B) An order under subsection (1A) above may make such transitional provision as appears to the Secretary of State necessary or expedient in connection with any provision made by the order.

(2) In section 45(3) of that Act (procedure in respect of certain orders), for the words “7(6)” there shall be substituted “ 7(1A) or (6) ”.

(3) In Schedule 6 to that Act (transitional provisions and savings)—

(a) in paragraph 8, after the word “revoked” there shall be inserted “ by virtue of paragraph 10 of this Schedule ”; and

(b) after paragraph 9 there shall be added—

(10) Section 17 of this Act shall apply in respect of a release on licence under paragraph 4 of this Schedule as that section applies in respect of the release on licence, under Part I of this Act, of a long-term prisoner.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conditions in licence of released prisoner: requirement for Parole Board recommendations.

131

In section 12(3)(a) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (requirement of Parole Board recommendations for inclusion of conditions in licences of certain released prisoners), after the word “inclusion” there shall be inserted the words “ or subsequent insertion, variation or cancellation ”.

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

132

Extension of categories of prisoner to whom Part I of Prisoners and Criminal Proceedings (Scotland) Act 1993 applies.

133

In section 10(4) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (interpretation of expression “transferred life prisoner”)—

(a) in paragraph (a), after the word “Scotland” there shall be inserted the words “ or a court-martial ”; and

(b) in paragraph (b)—

(i) for the word “(whether” there shall be substituted— “ , or in the case of a sentence imposed by a court martial in Scotland to a prison in Scotland (in either case whether ”;

(ii) after sub-paragraph (ii) there shall be inserted—

; or (iii) rules made under section 122(1)(a) of the Army Act 1955 (imprisonment and detention rules); or (iv) rules made under section 122(1)(a) of the Air Force Act 1955 (imprisonment and detention rules); or (v) a determination made under section 81(3) of the Naval Discipline Act 1957 (place of imprisonment or detention),

; and

(iii) at the end there shall be added— “ ; and in this subsection “prison” has the same meaning as in the 1989 Act. ”.

Amendment of provisions continued in effect for certain prisoners by Prisoners and Criminal Proceedings (Scotland) Act 1993.

134

(1) In Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993 (transitional provisions and savings)—

(a) in paragraph 1—

(i) in the definition of “existing provisions”, at the end there shall be added “ except that an amendment or repeal effected by any enactment shall apply for the purposes of the existing provisions if expressly stated to do so ”; and

(ii) in the definition of “new provisions”, after the word “amended” there shall be added “ by this Act ”; and

(b) in paragraph 2(1), for the words from “and to” to “Schedule” there shall be substituted— “ , to the following provisions of this Schedule and to the exception in the definition of “existing provisions” in paragraph 1 above, ”.

(2) Sections 18 (constitution and functions of Parole Board etc.), 22 (release on licence of persons serving determinate sentences), 28 (revocation of licences and conviction of prisoners on licence) and 42(3) (exercise of power to make rules etc.) of the Prisons (Scotland) Act 1989, being provisions which, notwithstanding their repeal by the Prisoners and Criminal Proceedings (Scotland) Act 1993, are “existing provisions” for the purposes of that Act of 1993, shall for those purposes be amended in accordance with the following subsections.

(3) In the said section 18, for subsections (3) and (4) there shall be substituted—

(3A) The Secretary of State may by rules make provision with respect to the proceedings of the Board, including provision— (a) authorising cases to be dealt with in whole or in part by a prescribed number of members of the Board in accordance with such procedure as may be prescribed; (b) requiring cases to be dealt with at prescribed times; and (c) as to what matters may be taken into account by the Board (or by such number) in dealing with a case. (3B) The Secretary of State may give the Board directions as to the matters to be taken into account by it in discharging its functions under this Part of this Act; and in giving any such directions the Secretary of State shall in particular have regard to— (a) the need to protect the public from serious harm from offenders; and (b) the desirability of preventing the commission by offenders of further offences and of securing their rehabilitation.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In the said section 22, at the beginning of subsection (7) there shall be inserted the words “ In a case where the Parole Board has recommended that a person be released on licence, and by virtue of subsection (1A) above such release is then mandatory, no licence conditions shall be included in the licence, or subsequently inserted, varied or cancelled in it, except in accordance with recommendations of the Board; and in any other case ”.

(6) In the said section 42—

(a) in each of subsections (1) and (4), for the words “22(2)” there shall be substituted “ 22(1A) or (2), 28(1A), ”; and

(b) in subsection (3), for the word “(3)” there shall be substituted “ (3A) ”.

Further amendment of Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993: application of “new provisions”.

135

In Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993 (transitional provisions and savings), after paragraph 6 there shall be inserted the following paragraphs—

(6A) (1) This paragraph applies where a prisoner sentenced before the relevant date to a sentence of imprisonment for life for an offence the sentence for which is not fixed by law has been (whether before, on or after that date) released on licence under the 1989 Act. (2) Without prejudice to section 22(6) of the 1989 Act, in a case to which this paragraph applies, the new provisions shall apply as if the prisoner were a discretionary life prisoner, within the meaning of section 2 of this Act, whose licence has been granted under subsection (4) of that section of this Act on his having served the relevant part of his sentence. (6B) (1) This paragraph applies where— (a) a prisoner was, at the relevant date, serving a sentence or sentences of imprisonment, on conviction of an offence, passed before that date and that sentence was for a term of, or as the case may be those sentences fall to be treated as for a single term of, two or more years; and (b) on or after that date he is, or has been, sentenced to a further term or terms of imprisonment, on conviction of an offence, to be served consecutively to, or concurrently with, the sentence or sentences mentioned in head (a) above. (2) In a case to which this paragraph applies— (a) the sentence or sentences mentioned in head (b) of sub-paragraph (1) above shall be treated as a single term with the sentences mentioned in head (a) of that sub-paragraph and that single term as imposed on or after the relevant date (so however that nothing in the foregoing provisions of this head shall affect the application of sections 39(7) (which makes provision as respects the award of additional days for breaches of discipline) and 24 (which makes provision as respects remission for good conduct) of the 1989 Act); and (b) the new provisions shall apply accordingly, except that— (i) where the prisoner is a long-term prisoner by virtue only of the aggregation provided for in head (a) of this sub-paragraph, he shall be released unconditionally on the same day as he would have been but for that aggregation; (ii) where, notwithstanding the aggregation so provided for, the prisoner remains a short-term prisoner, subsection (1) of section 1 of this Act shall in its application be construed as subject to the qualification that the prisoner shall be released no earlier than he would have been but for that aggregation; (iii) that section shall in its application be construed as if for subsection (3) there were substituted— (“) Without prejudice to subsection (1) above and to sub-paragraph (2)(b)(i) of paragraph 6B of Schedule 6 to this Act, after a prisoner to whom that paragraph applies has either served one-third of the sentence, or as the case may be sentences, mentioned in sub-paragraph (1)(a) of that paragraph, or (if it results in a later date of release) has served twelve months of that sentence or those sentences, the Secretary of State may, if recommended to do so by the Parole Board under this section, release him on licence; and where such a prisoner has been released on licence under section 22 of the 1989 Act, that licence shall be deemed to have been granted by virtue of this subsection.”; (iv) section 11(1) shall in its application be construed as if the sentence referred to were the further term or terms mentioned in head (b) of sub-paragraph (1) above; and (v) section 16 shall in its application be construed as if the original sentence (within the meaning of that section) were the further term or terms so mentioned.

Part X — Cross-Border Enforcement

Execution of warrants.

136

(1) A warrant issued in England, Wales or Northern Ireland for the arrest of a person charged with an offence may (without any endorsement) be executed in Scotland by any constable of any police force of the country of issue or of the country of execution or by a constable appointed under section 24 of the Railways and Transport Safety Act 2003 or under section 55 of the Energy Act 2004 as well as by any other persons within the directions in the warrant.

(2) A warrant issued in—

(a) Scotland; or

(b) Northern Ireland,

for the arrest of a person charged with an offence may (without any endorsement) be executed in England or Wales by any constable of any police force of the country of issue or of the country of execution or by a constable appointed under section 24 of the Railways and Transport Safety Act 2003 or under section 55 of the Energy Act 2004 as well as by any other persons within the directions in the warrant.

(3) A warrant issued in—

(a) England or Wales; or

(b) Scotland,

for the arrest of a person charged with an offence may (without any endorsement) be executed in Northern Ireland by any constable of any police force of the country of issue or of the country of execution as well as by any other persons within the directions in the warrant.

(4) A person arrested in pursuance of a warrant shall be taken, as soon as reasonably practicable, to any place to which he is committed by, or may be conveyed under, the warrant.

(4A) The following provisions apply in relation to the execution under this section by a constable of a warrant issued in England and Wales or Northern Ireland—

(a) where the warrant is executed under subsection (1), the constable has the same powers of entry and search for the purpose of executing the warrant as a constable of a police force in Scotland would have if the warrant had been issued in Scotland;

(b) where the warrant is executed under subsection (2)(b) or (3)(a), the constable has the powers of entry and search conferred by section 137E;

(c) where the warrant is executed under subsection (1), (2)(b) or (3)(a), the constable has the powers conferred by section 139 in relation to the arrested person;

(d) the constable may use reasonable force, if necessary, in arresting the person or in exercising the powers conferred by sections 137E and 139.

(4B) Where, under subsection (2)(a) or (3)(b), a constable executes a warrant issued in Scotland, any enactment or rule of law which concerns—

(a) the powers and duties of a constable who executes such a warrant;

(b) the rights of a person arrested under such a warrant;

applies in relation to the arrest (subject to the modifications set out in section 137ZA) as though the warrant had been executed in Scotland and, if the constable who executed it is not a constable of a police force in Scotland, as though the constable were.

(5) ...

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Any other person within the directions in a warrant executing that warrant under this section shall have the same powers and duties, and the person arrested the same rights, as they would have had if execution had been in the country of issue by the person within those directions.

(7) This section applies as respects—

(a) a warrant of commitment and a warrant to arrest a witness issued by a judicial authority in England, Wales or Northern Ireland as it applies to a warrant for arrest; and

(b) a warrant for committal, a warrant to imprison (or to apprehend and imprison) and a warrant to arrest a witness issued by a judicial authority in Scotland as it applies to a warrant for arrest.

(7A) This section applies as respects a warrant issued under paragraph 3(2) of Schedule 4 to the Sentencing Code (warrant for arrest of offender referred back to court by youth offender panel) or under Schedule 7 to that Code (youth rehabilitation orders: breach etc.) as it applies to a warrant issued in England or Wales for the arrest of a person charged with an offence.

(8) In this section “judicial authority” means any justice of the peace or the judge of any court exercising jurisdiction in criminal proceedings; and any reference to a part of the United Kingdom in which a warrant may be executed includes a reference to the adjacent sea and other waters within the seaward limits of the territorial sea.

(9) Powers under this section and sections 137 to 139 may be exercised by an officer of Revenue and Customs in accordance with section 87 of the Finance Act 2007.

Cross-border powers of arrest etc.

137

(1) If the condition applicable to this subsection is satisfied, any constable of a police force in England and Wales who has reasonable grounds for suspecting that an offence has been committed or attempted in England or Wales and that the suspected person is in Scotland or in Northern Ireland may arrest without a warrant the suspected person wherever he is in Scotland or in Northern Ireland.

(2) If the condition applicable to this subsection is satisfied, any constable of a police force in Scotland who has reasonable grounds for suspecting that an offence has been committed or attempted in Scotland and that the suspected person is in England or Wales or in Northern Ireland may, as respects the suspected person, wherever he is in England or Wales or in Northern Ireland, exercise the same powers of arrest ... as it would be competent for him to exercise were the person in Scotland.

(2A) The powers conferred by subsections (1) and (2) may be exercised in England and Wales and Scotland by a constable appointed under section 24 of the Railways and Transport Safety Act 2003 or under section 55 of the Energy Act 2004.

(3) If the condition applicable to this subsection is satisfied, any constable of a police force in Northern Ireland who has reasonable grounds for suspecting that an offence has been committed or attempted in Northern Ireland and that the suspected person is in England or Wales or in Scotland may arrest without a warrant the suspected person wherever he is in England or Wales or in Scotland.

(4) The condition applicable to subsection (1) above is that it appears to the constable that it would have been lawful for him to have exercised the powers had the suspected person been in England and Wales.

(5) The condition applicable to subsection (2) above is that it appears to the constable that it would have been lawful for him to have exercised the powers had the suspected person been in Scotland.

(6) The condition applicable to subsection (3) above is that it appears to the constable that it would have been lawful for him to have exercised the powers had the suspected person been in Northern Ireland.

(7) It shall be the duty of a constable who has arrested ... a person under this section—

(a) if he arrested him in Scotland, to take the person arrested either to the nearest convenient designated police station in England or in Northern Ireland or to a designated police station in a police area in England and Wales or in Northern Ireland in which the offence is being investigated;

(ba) if he arrested him in England or Wales under subsection (2) above and has charged him with an offence, to take the person arrested to the nearest convenient police station in Scotland or to a police station within a sheriffdom in which the offence is being investigated;

(bb) if he arrested him in England or Wales under subsection (2) above and has not charged him with an offence, to take the person arrested either to a police station in Scotland mentioned in paragraph (ba) above, or to the nearest convenient designated police station in England or Wales;

(bc) if he arrested him in England or Wales under subsection (3) above, to take the person arrested to the nearest convenient designated police station in Northern Ireland or to a designated police station in Northern Ireland in which the offence is being investigated;

(d) if he arrested him in Northern Ireland under subsection (1) above , to take the person arrested either to the nearest convenient designated police station in England or Wales or to a designated police station in a police area in England and Wales in which the offence is being investigated ...;

(da) if he arrested him in Northern Ireland under subsection (2) above and has charged him with an offence, to take the person arrested to such police station in Scotland as is mentioned in paragraph (ba) above;

(db) if he arrested him in Northern Ireland under subsection (2) above and has not charged him with an offence, to take the person arrested either to such police station in Scotland as is mentioned in paragraph (ba) above, or to the nearest convenient designated police station in Northern Ireland;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and to do so as soon as reasonably practicable.

(7A) The following provisions apply in relation to an arrest under this section by a constable under subsection (1) or (3)—

(a) where the arrest is under subsection (1) in Northern Ireland or under subsection (3) in England and Wales, the constable has the powers of entry and search conferred by section 137E;

(b) where the arrest is under subsection (1) or (3) in Scotland, the constable has the same powers of entry and search for the purpose of the arrest as a constable of a police force in Scotland would have if there were reasonable grounds for suspecting that the offence had been committed or attempted in Scotland;

(d) the constable may use reasonable force, if necessary, in arresting the person or in exercising the powers conferred by sections 137E and 139.

(7B) Where a constable arrests a person under a power exercised by virtue of subsection (2) above, any enactment or rule of law which concerns—

(a) the powers and duties of a constable who effects an arrest under the power;

(b) the rights of a person arrested under the power;

applies in relation to the arrest (subject to the modifications set out in section 137ZA) as though the arrest had been effected in Scotland and, if the constable who executed it is not a constable of a police force in Scotland, as though the constable were.

(8) ...

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In this section—

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

“designated police station” has the same meaning as in the Police and Criminal Evidence Act 1984 or, in relation to Northern Ireland, as in the Police and Criminal Evidence (Northern Ireland) Order 1989; and

“constable of a police force”, in relation to Northern Ireland, means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.

(10) This section shall not prejudice any power of arrest conferred apart from this section.

Arrest under section 136 or 137 in connection with offence in Scotland

137ZA

(1) This section makes provision about the application of Part 1 of the Criminal Justice (Scotland) Act 2016 (“the 2016 Act”) in relation to a person who is arrested by a constable—

(a) in execution of a warrant under section 136(2)(a) or (3)(b); or

(b) under section 137(2).

(2) If, following the arrest, the arrested person is to be taken directly to a place in Scotland to be held in custody, at the same time as being informed in accordance with section 3 of the 2016 Act of the matters mentioned in that section, the person must also be informed of the person’s right to have intimation sent under section 38 of the 2016 Act.

(3) Section 4 of the 2016 Act applies subject to the following modifications—

(a) subsection (1) does not apply;

(b) in subsection (2), as it applies in relation to a person arrested under section 137(2) of this Act, the reference to subsection (1) and the words “this section” in paragraph (b) are to be read as references to section 137(7) of this Act;

(c) in subsection (3), the reference to subsection (1) and the words “this section” are to be read as references to section 136(4) or (as the case may be) section 137(7) of this Act.

(4) In each of sections 5(1)(b), 7(2)(b), 15(3) and 37(4)(b) of the 2016 Act, the reference to section 4 of that Act is to be read as a reference to section 136(4) or (as the case may be) section 137(7) of this Act.

(5) References in Part 1 of the 2016 Act to a police station are to be read as including police stations in England, Wales and Northern Ireland.

(6) If the arrested person is in a police station in England, Wales or Northern Ireland, sections 33(6)(b)(ii) and 42(5)(b)(ii) of the 2016 Act are to be read as though they referred to any person who performs at that police station a function which is equivalent to a function performed at police stations in Scotland by members of police staff appointed under section 26(1) of the Police and Fire Reform (Scotland) Act 2012.

Additional cross-border powers of arrest etc: urgent cases

137A

(1) A constable of a police force in England and Wales may arrest a person in England and Wales without a warrant if—

(a) the constable has reasonable grounds for suspecting that the person has committed a specified offence in Scotland or in Northern Ireland, and

(b) the constable also has reasonable grounds for believing that it is necessary to arrest the person—

(i) to allow the prompt and effective investigation of the offence, or

(ii) to prevent any prosecution for the offence from being hindered by the disappearance of the person.

(2) A constable of a police force in Scotland may arrest a person in Scotland without a warrant if—

(a) the constable has reasonable grounds for suspecting that the person has committed a specified offence in England and Wales or in Northern Ireland, and

(b) the constable is satisfied that it would not be in the interests of justice to delay the arrest either to enable a warrant for the person’s arrest to be obtained and then executed under section 136 or to enable a power of arrest under section 137 to be exercised.

(3) Without prejudice to the generality of subsection (2)(b), it would not be in the interests of justice to delay an arrest for a purpose mentioned in that subsection if the constable reasonably believes that, unless the person is arrested without delay, the person will obstruct the course of justice in any way, including by seeking to avoid arrest or interfering with witnesses or evidence.

(4) A constable of a police force in Northern Ireland may arrest a person in Northern Ireland without a warrant if—

(a) the constable has reasonable grounds for suspecting that the person has committed a specified offence in England and Wales or in Scotland, and

(b) the constable also has reasonable grounds for believing that it is necessary to arrest the person—

(i) to allow the prompt and effective investigation of the offence, or

(ii) to prevent any prosecution for the offence from being hindered by the disappearance of the person.

(5) The power conferred by subsection (1) or (2) may be exercised by a constable appointed under section 24 of the Railways and Transport Safety Act 2003 or under section 55 of the Energy Act 2004 in England and Wales or (as the case may be) in Scotland.

(6) The following provisions apply in relation to an arrest under this section by a constable of a person suspected of having committed a specified offence in England and Wales or in Northern Ireland—

(a) where the arrest is in England and Wales under subsection (1) or in Northern Ireland under subsection (4), the constable has the powers of entry and search conferred by section 137E;

(b) where the arrest is in Scotland under subsection (2), the constable has the same powers of entry and search for the purpose of the arrest as a constable of a police force in Scotland would have if there were reasonable grounds for suspecting that the offence had been committed in Scotland;

(d) the constable may use reasonable force, if necessary, in arresting the person or in exercising the powers conferred by sections 137E and 139.

(7) Where a constable is arresting under this section a person suspected of having committed a specified offence in Scotland, the constable has the same powers as a constable of a police force in Scotland would have if arresting the person for the offence in Scotland.

(8) In this section—

“constable of a police force”, in relation to Northern Ireland, means a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve;

“specified offence” has the meaning given by section 137B.

Meaning of “specified offence” for the purposes of section 137A

137B

(1) In section 137A, “specified offence” has the meaning given by this section.

(2) An offence committed in England and Wales is a specified offence if it is—

(a) an offence (including an offence under the common law) that is punishable by virtue of any statutory provision with imprisonment or another form of detention for a term of 10 years or with a greater punishment,

(b) an offence specified in Part 1 of Schedule 7A,

(c) an offence of attempting or conspiring to commit, or of inciting the commission of, an offence mentioned in paragraph (a) or (b), or

(d) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to an offence mentioned in paragraph (a) or (b).

(3) An offence committed in Scotland is a specified offence if it is—

(a) an offence (including an offence under the common law) that is punishable by virtue of any statutory provision with imprisonment or another form of detention for a term of 10 years or with a greater punishment,

(b) an offence specified in Part 2 of Schedule 7A, or

(c) an offence of attempting or conspiring to commit, or of inciting the commission of, an offence mentioned in paragraph (a) or (b).

(4) An offence committed in Northern Ireland is a specified offence if it is—

(a) an offence (including an offence under the common law) that is punishable by virtue of any statutory provision with imprisonment or another form of detention for a term of 10 years or with a greater punishment,

(b) an offence specified in Part 3 of Schedule 7A,

(c) an offence of attempting or conspiring to commit, or of inciting the commission of, an offence mentioned in paragraph (a) or (b), or

(d) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to an offence mentioned in paragraph (a) or (b).

(5) The Secretary of State may by regulations made by statutory instrument amend Part 1, 2 or 3 of Schedule 7A so as to add an offence to, or remove an offence from, the offences for the time being specified in the Part.

(6) Regulations under subsection (5) may add an offence to a Part of Schedule 7A only if—

(a) the offence is indictable, and

(b) the Secretary of State considers that it is necessary in the interests of justice to add the offence to the Part.

(7) For the purpose of subsection (6)(a), an offence is indictable if—

(a) in the case of an offence under the law of England and Wales, it is an indictable offence in England and Wales;

(b) in the case of an offence under the law of Scotland, it may be tried on indictment in Scotland;

(8) The Secretary of State may not make regulations under subsection (5) unless the Scottish Ministers and the Department of Justice in Northern Ireland consent to the making of the regulations.

(9) A statutory instrument containing regulations under subsection (5) 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) In this section—

(a) a description of an offence in subsection (2)(a) or (b) or (4)(a) or (b) includes such an offence committed by aiding, abetting, counselling or procuring;

(b) a description of an offence in subsection (3)(a) or (b) includes such an offence committed by involvement art and part or by aiding, abetting, counselling or procuring;

(i) an Act or subordinate legislation within the meaning of the Interpretation Act 1978;

(ii) an Act of the Scottish Parliament or an instrument made under such an Act;

(iii) a Measure or Act of the National Assembly for Wales or an instrument made under such a Measure or Act;

(iv) Northern Ireland legislation or an instrument made under Northern Ireland legislation.

Detention for the purpose of re-arrest

137C

(1) A person arrested under section 137A in respect of a specified offence may be detained but only for the purpose of—

(a) enabling a warrant for the person’s arrest in respect of the offence to be obtained and then executed under section 136, or

(b) enabling the person to be re-arrested under section 137.

(2) The person may be detained for that purpose—

(a) for an initial period of 3 hours beginning with the time of the arrest;

(b) for a second period of no more than 21 hours beginning with the end of the initial period, but only if detention for that period is authorised by both an officer of at least the rank of inspector in the arresting force and an officer of at least the rank of inspector in the investigating force;

(c) for a third period of no more than 12 hours beginning with the end of the second period, but only if detention for that period is authorised by both an officer of a rank above that of inspector in the arresting force and an officer of a rank above that of inspector in the investigating force.

(3) An officer of the arresting force may give an authorisation for the purpose of subsection (2)(b) or (c) only if satisfied that it is in the interests of justice to do so.

(4) An officer of the investigating force may give an authorisation for the purpose of subsection (2)(b) only if satisfied that—

(a) there are reasonable grounds to suspect that the person has committed the specified offence,

(b) a constable intends that the person be arrested as soon as is reasonably practicable (whether by the obtaining and execution of a warrant under section 136 or under section 137) and is acting expeditiously for that purpose, and

(5) An officer of the investigating force may give an authorisation for the purpose of subsection (2)(c) only if satisfied that—

(a) there continue to be reasonable grounds to suspect that the person has committed the specified offence,

(b) a constable intends that the person be arrested as soon as is reasonably practicable (whether by the obtaining and execution of a warrant under section 136 or under section 137) and is acting expeditiously for that purpose, and

(6) If, at any time while the person is detained, an appropriate officer in the investigating force is satisfied that it is no longer in the interests of justice for the person to be detained—

(a) the officer must notify the arresting force, and

(b) the person must be released immediately.

(7) In subsection (6), “appropriate officer” means—

(a) in relation to the person’s detention for the initial period, any constable;

(b) in relation to the person’s detention for the second period, an officer of at least the rank of inspector;

(8) In this section—

“arresting force” means the police force of which the constable who arrested the person under section 137A is a member;

“investigating force” means the police force that is investigating the specified offence which the person arrested under section 137A is suspected of having committed;

“specified offence” has the same meaning as in section 137A (see sections 137A(8) and 137B).

(9) In subsection (8), in the definition of “investigating force”, the reference to a police force includes a reference to—

(a) the National Crime Agency;

(b) any of the following (to the extent that their functions relate to the investigation of offences)—

(i) officers of Revenue and Customs;

(ii) immigration officers;

(iii) designated customs officials within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that Act).

(10) In the application of this section in a case where the investigating force is a police force mentioned in subsection (9)(a) or (b)—

(a) the reference to a constable in subsections (4)(b) and (5)(b), and the reference to a constable in the investigating force in subsection (7)(a), is to be read as a reference to a National Crime Agency officer designated under section 9 or 10 of the Crime and Courts Act 2013 (“a designated NCA officer”), an officer of Revenue and Customs, an immigration officer or a designated customs official (as the case may be);

(b) any reference to an officer of at least, or above, the rank of inspector in the investigating force is to be read as a reference to a designated NCA officer, an officer of Revenue and Customs, an immigration officer or a designated customs official (as the case may be) of at least, or above, the equivalent grade.

Rights of persons arrested under section 137A

137D

(1) A person arrested under section 137A must be informed of the following matters as soon as is practicable after the arrest—

(a) the purpose for which the person may be detained under section 137C;

(b) the provision made by that section about the periods for which the person may be detained.

(2) The following provisions apply in relation to persons arrested under section 137A in respect of a specified offence committed in England and Wales (subject to the modifications made by Part 1 of Schedule 7B)—

(a) section 28 of the Police and Criminal Evidence Act 1984 (information to be given on arrest);

(b) section 56 of that Act (right to have someone informed when arrested);

(d) section 31 of the Children and Young Persons Act 1933 (separation of children and young persons from adults in police stations, courts etc);

(e) section 34 of that Act (additional protection for children and young persons).

(3) The following provisions apply in relation to persons arrested under section 137A in respect of a specified offence committed in Scotland (subject to the modifications made by Part 2 of Schedule 7B)—

(a) section 3 of the Criminal Justice (Scotland) Act 2016 (asp 1) (information to be given on arrest);

(b) Chapter 5 of Part 1 of that Act (rights of suspects in police custody);

(d) section 52 of that Act (duties in relation to children in custody).

(4) The following provisions apply in relation to persons arrested under section 137A in respect of a specified offence committed in Northern Ireland (subject to the modifications made by Part 3 of Schedule 7B)—

(a) Article 30 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)) (information to be given on arrest);

(b) Article 57 of that Order (right to have someone informed when arrested);

(d) Article 9 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I.9)) (separation of child in police detention from adults charged with offences);

(e) Article 10 of that Order (additional protection for children and young persons).

(5) The Secretary of State may by regulations made by statutory instrument—

(a) amend this section so as to add to the provisions that for the time being apply as mentioned in subsection (2), (3) or (4);

(b) amend this section so as to remove any of those provisions that were added by virtue of paragraph (a);

(c) amend Schedule 7B so as to alter the modifications for the time being made by that Schedule, including by adding a modification or removing one;

(d) amend Schedule 7B so as to provide that any of the provisions that for the time being apply as mentioned in subsection (2), (3) or (4) do not apply in cases or circumstances set out in the Schedule.

(6) Regulations under subsection (5) may include consequential provision, including provision amending any statutory provision; and, for that purpose, statutory provision has the same meaning as in section 137B (see subsection (10)(c) of that section).

(7) The Secretary of State may not make regulations under subsection (5) unless the Scottish Ministers and the Department of Justice in Northern Ireland consent to the making of the regulations.

(8) A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(9) In the application of Schedule 7B in a case where the investigating force is a police force mentioned in section 137C(9)(a) or (b), any reference to an officer of at least, or above, a particular rank in the investigating force is to be read as a reference to a designated NCA officer, an officer of Revenue and Customs, an immigration officer or a designated customs official (as the case may be) of at least, or above, the equivalent grade.

Entry and search for the purposes of arrest

137E

(1) A constable may enter and search any premises—

(a) for the purpose of executing in England and Wales under section 136(2)(b) a warrant issued in Northern Ireland;

(b) for the purpose of executing in Northern Ireland under section 136(3)(a) a warrant issued in England and Wales;

(c) for the purpose of arresting a person in Northern Ireland under section 137(1) in respect of a relevant England and Wales offence;

(d) for the purpose of arresting a person in England and Wales under section 137(3) in respect of a relevant Northern Ireland offence;

(e) for the purpose of arresting a person in England and Wales under section 137A(1) in respect of a specified offence committed in Northern Ireland;

(f) for the purpose of arresting a person in Northern Ireland under section 137A(4) in respect of a specified offence committed in England and Wales.

(2) In subsection (1)—

(a) “relevant England and Wales offence” means—

(i) an offence that is an indictable offence in England and Wales;

(ii) an offence mentioned in section 17(1)(c) or (caa) of the Police and Criminal Evidence Act 1984;

(b) “relevant Northern Ireland offence” means—

(i) an offence that is an indictable offence in Northern Ireland;

(ii) an offence mentioned in Article 19(1)(ba) to (c) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)).

(3) The powers of entry and search conferred by subsection (1)—

(a) are exercisable only if the constable has reasonable grounds for believing that the person whom he is seeking is on the premises, and

(b) are limited, in relation to premises consisting of two or more separate dwellings, to powers to enter and search—

(i) any part of the premises which the occupier of any dwelling comprised in the premises uses in common with the occupier of any other such dwelling, and

(ii) any such dwelling in which the constable has reasonable grounds for believing that the person whom he is seeking may be.

(4) The power of search conferred by subsection (1) is only a power to search to the extent that is reasonably required for the purpose for which the power of entry is exercised.

(5) In this section, “premises” includes any place and, in particular, includes—

(a) any vehicle, vessel, aircraft or hovercraft,

(b) any offshore installation,

(d) any tent or movable structure.

“Offshore installation” has the meaning given to it by section 44 of the Petroleum Act 1998.

“Renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (see section 104 of that Act).

Powers of arrest etc.: supplementary provisions.

138

(1) The following provisions have effect to supplement section 137 (“the principal section”).

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Search powers available on arrests under sections 136, 137 and 137A.

139

(1) The powers conferred by subsections (2) and (3) are available to a constable in relation to—

(a) a person arrested under section 136(1), (2)(b) or (3)(a);

(b) a person arrested under section 137(1) or (3);

(c) a person arrested under section 137A in respect of a specified offence committed in England and Wales or Northern Ireland.

(2) A constable to whom this section applies may search the person if the constable has reasonable grounds for believing that the person may present a danger to himself or others.

(3) Subject to subsections (4) to (6) below, a constable to whom this section applies may—

(a) search the person for anything—

(i) which he might use to assist him to escape from lawful custody; or

(ii) which might be evidence relating to an offence; and

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) The powers conferred by subsection (3B) are available to a constable in relation to—

(a) a person arrested under section 136(1) or (3)(a) in the execution of a warrant issued in England and Wales in respect of an offence that is an indictable offence in England and Wales;

(b) a person arrested under section 136(1) or (2)(b) in the execution of a warrant issued in Northern Ireland in respect of an offence that is an indictable offence in Northern Ireland;

(d) a person arrested under section 137(3) in respect of an offence that is an indictable offence in Northern Ireland;

(e) a person arrested under section 137A(2) or (4) in respect of a specified offence committed in England and Wales;

(f) a person arrested under section 137A(1) or (2) in respect of a specified offence committed in Northern Ireland.

(3B) The constable may enter and search any premises in which the person was when arrested or immediately before he was arrested for evidence relating to the offence.

(4) The power to search conferred by subsection (3) or (3B) above is only a power to search to the extent that is reasonably required for the purpose of discovering any such thing or any such evidence.

(5) The powers conferred by this section to search a person are not to be construed as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket, headgear, gloves or footwear but they do authorise a search of a person’s mouth.

(6) A constable may not search a person in the exercise of the power conferred by subsection (3)(a) above unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything for which a search is permitted under that paragraph.

(7) A constable may not search premises in the exercise of the power conferred by subsection (3B) above unless he has reasonable grounds for believing that there is evidence for which a search is permitted under that subsection.

(8) In so far as the power of search conferred by subsection (3B) above relates to premises consisting of two or more separate dwellings, it is limited to a power to search—

(a) any dwelling in which the arrest took place or in which the person arrested was immediately before his arrest; and

(b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.

(9) A constable searching a person in the exercise of the power conferred by subsection (2) above may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.

(10) A constable searching a person in the exercise of the power conferred by subsection (3)(a) above may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing—

(a) that he might use it to assist him to escape from lawful custody; or

(b) that it is evidence of an offence, or has been obtained in consequence of the commission of an offence.

(10A) Where a constable of a police force in England and Wales searches premises in the exercise of the power conferred by subsection (3B) or where a constable of the British Transport Police or a constable appointed as a member of the Civil Nuclear Constabulary searches premises in England and Wales in the exercise of that power—

(a) the constable has the same powers as the constable would have under section 19 of the Police and Criminal Evidence Act 1984 if the search had taken place under section 32(2)(b) of that Act, and

(b) sections 21 and 22 of that Act apply in relation to anything seized in the exercise of the powers conferred by paragraph (a) above.

(10B) Where a constable of a police force in Northern Ireland searches premises in the exercise of the power conferred by subsection (3B)—

(a) the constable has the same powers as the constable would have under Article 21 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)) if the search had taken place under Article 34(2)(b) of that Order, and

(b) Articles 23 and 24 of that Order apply in relation to anything seized in the exercise of the powers conferred by paragraph (a) above.

(10C) Where a constable of a police force in Scotland searches premises in the exercise of the power conferred by subsection (3B), or where a constable of the British Transport Police or a constable appointed as a member of the Civil Nuclear Constabulary searches premises in Scotland in the exercise of that power, the constable has the same powers of seizure and retention as the constable would have if the search had taken place in the exercise of a power of the constable (by virtue of any rule of law) in relation to a person arrested and charged with an offence by the constable in Scotland.

(11) Nothing in this section shall be taken to affect the power conferred by section 43 of the Terrorism Act 2000.

(12) In this section—

“item subject to legal privilege” has the meaning given to it—as respects anything in the possession of a person searched in England and Wales, by section 10 of the Police and Criminal Evidence Act 1984;as respects anything in the possession of a person searched in Scotland, by section 412 of the Proceeds of Crime Act 2002;as respects anything in the possession of a person searched in Northern Ireland, by Article 12 of the Police and Criminal Evidence (Northern Ireland) Order 1989;

“premises” includes any place and, in particular, includes—any vehicle, vessel, aircraft or hovercraft;any offshore installation; any any renewable energy installation; and any tent or movable structure; ...

“offshore installation” has the meaning given to it by section 44 of the Petroleum Act 1998 ; and

“renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (see section 104 of that Act).

Reciprocal powers of arrest.

140

(1) Where a constable of a police force in England and Wales would, in relation to an offence, have power to arrest a person in England or Wales under section 24 of the Police and Criminal Evidence Act 1984 (arrest without warrant) a constable of a police force in Scotland or in Northern Ireland shall have the like power of arrest in England and Wales.

(2) Where a constable of a police force in Scotland or in Northern Ireland arrests a person in England or Wales by virtue of subsection (1) above—

(a) the constable shall be subject to requirements to inform the arrested person that he is under arrest and of the grounds for it corresponding to the requirements imposed by section 28 of that Act;

(b) the constable shall be subject to a requirement to take the arrested person to a police station corresponding to the requirement imposed by section 30 of that Act and so also as respects the other related requirements of that section; and

(c) the constable shall have powers to search the arrested person corresponding to the powers conferred by section 32 of that Act.

(3) Where a constable of a police force in Scotland would, in relation to an offence, have power to arrest a person in Scotland, a constable of a police force in England and Wales or in Northern Ireland shall have the like power of arrest in Scotland.

(4) Where a constable of a police force in England or Wales or in Northern Ireland arrests a person in Scotland by virtue of subsection (3) above, any enactment or rule of law which concerns—

(a) the powers and duties of a constable who effects an arrest under a power which a constable of the Police Service of Scotland could have exercised to effect the arrest;

(b) the rights of a person arrested under that power of arrest;

applies in relation to the arrest as though the constable who effected the arrest were a constable of a police force in Scotland.

(5) Where a constable of a police force in Northern Ireland would, in relation to an offence, have power to arrest a person in Northern Ireland under Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (arrest without warrant) a constable of a police force in England and Wales or Scotland shall have the like power of arrest in Northern Ireland.

(6) Where a constable of a police force in England and Wales or in Scotland arrests a person in Northern Ireland by virtue of subsection (5) above—

(a) the constable shall be subject to requirements to inform the arrested person that he is under arrest and of the grounds for it corresponding to the requirements imposed by Article 30 of that Order;

(b) the constable shall be subject to a requirement to take the arrested person to a police station corresponding to the requirement imposed by Article 32 of that Order and so as respects the other related requirements of that Article; and

(c) the constable shall have powers to search the arrested person corresponding to the powers conferred by Article 34 of that Order.

(6A) The references in subsections (1) and (2) to a constable of a police force in Scotland, and the references in subsections (3) and (4) to a constable of a police force in England and Wales, include a constable appointed under section 24 of the Railways and Transport Safety Act 2003 or under section 55 of the Energy Act 2004.

(7) In this section “constable of a police force”, in relation to Northern Ireland, means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.

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

141

Part XI — Sexual Offences

Rape

Rape of women and men.

142

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

Male rape and buggery

Male rape and buggery.

143

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

Revised penalties for certain sexual offences

Revised penalties for buggery and indecency between men.

144

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

Homosexuality

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

145

Extension of Sexual Offences Act 1967 to the armed forces and merchant navy.

146

(1) Section 1(5) of the Sexual Offences Act 1967 (homosexual acts in the armed forces) is repealed.

(2) In section 80 of the Criminal Justice (Scotland) Act 1980—

(a) subsection (5) (homosexual acts in the armed forces) shall cease to have effect;

(b) in subsection (7)—

(i) after paragraph (b) there shall be inserted the word “ or ”; and

(ii) paragraph (d) (homosexual acts on merchant ships) and the word “; or” immediately preceding that paragraph shall cease to have effect; and

(3) Section 2 of the Sexual Offences Act 1967 (homosexual acts on merchant ships) is repealed.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Homosexuality on merchant ships and in the armed forces: Northern Ireland.

147

(1) In the Homosexual Offences (Northern Ireland) Order 1982, the following are revoked—

(a) in article 3(1) (homosexual acts in private), the words “and Article 5 (merchant seamen)”; and

(b) article 5 (homosexual acts on merchant ships).

(2) Article 3(4) of the Homosexual Offences (Northern Ireland) Order 1982 (homosexual acts in the armed forces) is revoked.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of law relating to homosexual acts in Scotland.

148

In section 80(6) of the Criminal Justice (Scotland) Act 1980 (which defines “homosexual act” for the purpose of section 80), after “gross indecency” there is inserted “ or shameless indecency ”.

Part XII — Miscellaneous and General

The Parole Board

Incorporation of the Parole Board.

149

In section 32 of the Criminal Justice Act 1991 (which provides the constitution and basic functions of the Parole Board), for subsection (1), there shall be substituted the following subsection—

(1) The Parole Board shall be, by that name, a body corporate and as such shall be constituted in accordance with, and have the functions conferred by, this Part.

Powers to recall prisoners released on licence.

150

In section 50 of the Criminal Justice Act 1991 (power by order to transfer certain functions to the Parole Board) subsection (4) shall cease to have effect and, in subsection (1), for the words “(2) to (4)” there shall be substituted the words “ (2) or (3) ”.

Prisons: powers in relation to prisoners, visitors and others

Power to test prisoners for drugs.

151

(1) After section 16 of the Prison Act 1952 there shall be inserted the following section—

(16A) (1) If an authorisation is in force for the prison, any prison officer may, at the prison, in accordance with prison rules, require any prisoner who is confined in the prison to provide a sample of urine for the purpose of ascertaining whether he has any drug in his body. (2) If the authorisation so provides, the power conferred by subsection (1) above shall include power to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of urine. (3) In this section— - “authorisation” means an authorisation by the governor; - “drug” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971; - “intimate sample” has the same meaning as in Part V of the Police and Criminal Evidence Act 1984; - “prison officer” includes a prisoner custody officer within the meaning of Part IV of the Criminal Justice Act 1991; and - “prison rules” means rules under section 47 of this Act.

(2) After section 41A of the Prisons (Scotland) Act 1989 there shall be inserted the following section—

(41B) (1) If an authorisation is in force for the prison, any officer of the prison may, at the prison, in accordance with rules under section 39 of this Act, require any prisoner who is confined in the prison to provide a sample of urine for the purpose of ascertaining whether he has any drug in his body. (2) If the authorisation so provides, the power conferred by subsection (1) above shall include power to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of urine. (3) In this section— - “authorisation” means an authorisation by the governor; - “drug” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971; and - “intimate sample” means a sample of blood, semen or any other tissue fluid, saliva or pubic hair, or a swab taken from a person’s body orifice.

Powers of search by authorised employees in prisons.

152

(1) In the Prison Act 1952, after section 8, there shall be inserted the following section—

(8A) (1) An authorised employee at a prison shall have the power to search any prisoner for the purpose of ascertaining whether he has any unauthorised property on his person. (2) An authorised employee searching a prisoner by virtue of this section— (a) shall not be entitled to require a prisoner to remove any of his clothing other than an outer coat, jacket, headgear, gloves and footwear; (b) may use reasonable force where necessary; and (c) may seize and detain any unauthorised property found on the prisoner in the course of the search. (3) In this section “authorised employee” means an employee of a description for the time being authorised by the governor to exercise the powers conferred by this section. (4) The governor of a prison shall take such steps as he considers appropriate to notify to prisoners the descriptions of persons who are for the time being authorised to exercise the powers conferred by this section. (5) In this section “unauthorised property”, in relation to a prisoner, means property which the prisoner is not authorised by prison rules or by the governor to have in his possession or, as the case may be, in his possession in a particular part of the prison.

(2) In the Prisons (Scotland) Act 1989, after section 41, there shall be inserted the following section—

(41A) (1) An authorised employee at a prison shall have the power to search any prisoner for the purpose of ascertaining whether he has any unauthorised property on his person. (2) An authorised employee searching a prisoner by virtue of this section— (a) shall not be entitled to require a prisoner to remove any of his clothing other than an outer coat, jacket, headgear, gloves and footwear; (b) may use reasonable force where necessary; and (c) may seize and detain any unauthorised property found on the prisoner in the course of the search. (3) In this section “authorised employee” means an employee of a description for the time being authorised by the governor to exercise the powers conferred by this section. (4) The governor of a prison shall take such steps as he considers appropriate to notify to prisoners the descriptions of employees who are for the time being authorised employees. (5) In this section— - “employee” means an employee (not being an officer of a prison) appointed under section 2(1) of this Act; and - “unauthorised property”, in relation to a prisoner, means property which the prisoner is not authorised by rules under section 39 of this Act or by the governor to have in his possession or, as the case may be, in his possession in a particular part of the prison.

Prohibited articles in Scottish prisons.

153

(1) Section 41 of the Prisons (Scotland) Act 1989 (unlawful introduction of tobacco, etc. into prison) shall be amended as follows.

(2) In subsection (1), for the words from the beginning to “shall be guilty” there shall be substituted—

(1) Any person who without reasonable excuse brings or introduces, or attempts by any means to bring or introduce, into a prison— (a) any drug; (b) any firearm or ammunition; (c) any offensive weapon; (d) any article to which section 1 of the Carrying of Knives etc. (Scotland) Act 1993 applies; or (e) without prejudice to paragraphs (a) to (d) above, any article which is a prohibited article within the meaning of rules under section 39 of this Act, shall be guilty

(3) After subsection (2) there shall be inserted the following subsections—

(2A) Where an officer of a prison has reasonable grounds for suspecting that a person who is in or is seeking to enter a prison has in his possession any article mentioned in paragraphs (a) to (e) of subsection (1) above he shall, without prejudice to any other power of search under this Act, have power to search that person and any article in his possession and to seize and detain any article mentioned in those paragraphs found in the course of the search. (2B) The power conferred by subsection (2A) above— (a) shall be exercised in accordance with rules under section 39 of this Act; (b) shall not be construed as authorising the physical examination of a person’s body orifices; (c) so far as relating to any article mentioned in paragraph (c), (d) or (e) of subsection (1) above (and not falling within paragraph (a) or (b) of that subsection), shall not be construed as authorising an officer of a prison to require a person to remove any of his clothing other than an outer coat, jacket, headgear, gloves and footwear; and (d) shall include power to use reasonable force where necessary.

(4) For subsection (3) there shall be substituted the following subsections—

(3) Where an officer of a prison has reasonable grounds for suspecting that any person has committed or is committing an offence under subsection (1) above he may, for the purpose of facilitating investigation by a constable into the offence, detain that person in any place in the prison in question and may, where necessary, use reasonable force in doing so. (4) Detention under subsection (3) above shall be terminated not more than six hours after it begins or (if earlier)— (a) when the person is detained in pursuance of any other enactment or subordinate instrument; (b) when the person is arrested by a constable; or (c) where the governor of the prison or a constable investigating the offence concludes that there are no such grounds as are mentioned in subsection (3) above or the officer of the prison concludes that there are no longer such grounds, and the person detained shall be informed immediately upon the termination of his detention that his detention has been terminated. (5) Where a person has been released at the termination of a period of detention under subsection (3) above he shall not thereafter be detained under that subsection on the same grounds or on any grounds arising out of the same circumstances. (6) At the time when an officer of a prison detains a person under subsection (3) above he shall inform the person of his suspicion, of the suspected offence and of the reason for the detention; and there shall be recorded— (a) the place where and the time when the detention begins; (b) the suspected offence; (c) the time when a constable or an officer of the police authority is informed of the suspected offence and the detention; (d) the time when the person is informed of his rights in terms of subsection (7) below and the identity of the officer of the prison so informing him; (e) where the person requests such intimation as is specified in subsection (7) below to be sent, the time when such request is— (i) made; and (ii) complied with; and (f) the time when, in accordance with subsection (4) above, the person’s detention terminates. (7) A person who is being detained under subsection (3) above, other than a person in respect of whose detention subsection (8) below applies, shall be entitled to have intimation of his detention and of the place where he is being detained sent without delay to a solicitor and to one other person reasonably named by him and shall be informed of that entitlement when his detention begins. (8) Where a person who is being detained under subsection (3) above appears to the officer of the prison to be under 16 years of age, the officer of the prison shall send without delay to the person’s parent, if known, intimation of the person’s detention and of the place where he is being detained; and the parent— (a) in a case where there is reasonable cause to suspect that he has been involved in the alleged offence in respect of which the person has been detained, may; and (b) in any other case, shall, be permitted access to the person. (9) The nature and extent of any access permitted under subsection (8) above shall be subject to any restriction essential for the furtherance of the investigation or the well-being of the person. (10) In this section— - “drug” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971; - “firearm” and “ammunition” have the same meanings as in the Firearms Act 1968; - “offensive weapon” has the same meaning as in the Prevention of Crime Act 1953; and - “parent” includes a guardian and any person who has actual custody of a person under 16 years of age.

Harassment, alarm or distress

Offence of causing intentional harassment, alarm or distress.

154

In Part I of the Public Order Act 1986 (offences relating to public order), after section 4, there shall be inserted the following section—

(4A) (1) A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he— (a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or (b) displays any writing, sign or other visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress. (2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the person who is harassed, alarmed or distressed is also inside that or another dwelling. (3) It is a defence for the accused to prove— (a) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or (b) that his conduct was reasonable. (4) A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section. (5) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.

Offence of racially inflammatory publication etc. to be arrestable

Offence of racially inflammatory publication etc. to be arrestable.

155

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

Prohibition on use of cells from embryos or foetuses

Prohibition on use of cells from embryos or foetuses.

156

(1) The Human Fertilisation and Embryology Act 1990 shall be amended as follows.

(2) After section 3 there shall be inserted the following section—

(3A) (1) No person shall, for the purpose of providing fertility services for any woman, use female germ cells taken or derived from an embryo or a foetus or use embryos created by using such cells. (2) In this section— - “female germ cells” means cells of the female germ line and includes such cells at any stage of maturity and accordingly includes eggs; and - “fertility services” means medical, surgical or obstetric services provided for the purpose of assisting women to carry children.

(3) In section 41(1)(a) (offences under the Act) after the words “section 3(2)” there shall be inserted “ , 3A ”.

Increase in certain penalties

Increase in penalties for certain offences.

157

(1) The enactments specified in column 2 of Part I of Schedule 8 to this Act which relate to the maximum fines for the offences mentioned (and broadly described) in column 1 of that Part of that Schedule shall have effect as if the maximum fine that may be imposed on summary conviction of any offence so mentioned were a fine not exceeding the amount specified in column 4 of that Part of that Schedule instead of a fine of an amount specified in column 3 of that Part of that Schedule.

(2) For the amount of the maximum fine specified in column 3 of Part II of Schedule 8 to this Act that may be imposed under the enactments specified in column 2 of that Part of that Schedule on summary conviction of the offences mentioned (and broadly described) in column 1 of that Part of that Schedule there shall be substituted the amount specified in column 4 of that Part of that Schedule.

(3) For the maximum term of imprisonment specified in column 3 of Part III of Schedule 8 to this Act that may be imposed under the enactments specified in column 2 of that Part of that Schedule on conviction on indictment, or on conviction on indictment or summary conviction, of the offences mentioned (and broadly described) in column 1 of that Part of that Schedule there shall be substituted the maximum term of imprisonment specified in column 4 of that Part of that Schedule.

(4) Any reference in column 2 of Part II of Schedule 8 to this Act to a numbered column of Schedule 4 to the Misuse of Drugs Act 1971 is a reference to the column of that number construed with section 25(2)(b) of that Act.

(5) Any reference in column 2 of Part III of Schedule 8 to this Act—

(a) to a numbered column of Schedule 6 to the Firearms Act 1968 is a reference to the column of that number construed with section 51(2)(b) of that Act; or

(b) to a numbered column of Schedule 2 to the Firearms (Northern Ireland) Order 1981 is a reference to the column of that number construed with Article 52(2)(b) of that Order.

(6) Section 143 of the Magistrates’ Courts Act 1980 (power of Secretary of State by order to alter sums specified in certain provisions) shall have effect with the insertion, in subsection (2), after paragraph (p), of the following paragraph—

(q) column 5 or 6 of Schedule 4 to the Misuse of Drugs Act 1971 so far as the column in question relates to the offences under provisions of that Act specified in column 1 of that Schedule in respect of which the maximum fines were increased by Part II of Schedule 8 to the Criminal Justice and Public Order Act 1994.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Article 17 of the Fines and Penalties (Northern Ireland) Order 1984 (power of Secretary of State by order to alter sums specified in certain provisions of the law of Northern Ireland) shall have effect with the insertion, in paragraph (2), after sub-paragraph (j) of the following sub-paragraph—

(k) column 5 or 6 of Schedule 4 to the Misuse of Drugs Act 1971 so far as the column in question relates to the offences under provisions of that Act specified in column 1 of that Schedule in respect of which the maximum fines were increased by Part II of Schedule 8 to the Criminal Justice and Public Order Act 1994.

(9) Subsections (1), (2) and (3) above do not apply to an offence committed before this section comes into force.

Extradition procedures

Extradition procedures.

158

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

Backing of warrants: Republic of Ireland.

159

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

Constabulary powers in United Kingdom waters

Extension of powers, etc., of constables to United Kingdom waters.

160

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Section 17 of the Police (Scotland) Act 1967 (general functions and jurisdiction of constables) shall be amended as follows—

(a) in subsection (4), after the word “Scotland” there shall be inserted the words “ and (without prejudice to section 1(2) of this Act) the adjacent United Kingdom waters ”; and

(b) after subsection (7) there shall be inserted the following subsection—

(7A) In this section— - “powers” includes powers under any enactment, whenever passed or made; - “United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea; and this section, so far as it relates to powers under any enactment, makes them exercisable throughout those waters whether or not the enactment applies to those waters apart from this provision.

Obtaining computer-held information

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

161

Access to computer material by constables and other enforcement officers.

162

(1) In section 10 of the Computer Misuse Act 1990 (offence of unauthorised access not to apply to exercise of law enforcement powers), after paragraph (b), there shall be inserted the following words—

and nothing designed to indicate a withholding of consent to access to any program or data from persons as enforcement officers shall have effect to make access unauthorised for the purposes of the said section 1(1). In this section “enforcement officer” means a constable or other person charged with the duty of investigating offences; and withholding consent from a person “as” an enforcement officer of any description includes the operation, by the person entitled to control access, of rules whereby enforcement officers of that description are, as such, disqualified from membership of a class of persons who are authorised to have access.

(2) In section 17(5) of that Act (when access is unauthorised), after paragraph (b), there shall be inserted the following words— “ but this subsection is subject to section 10. ”.

Closed-circuit television by local authorities

Local authority powers to provide closed-circuit television.

163

(1) Without prejudice to any power which they may exercise for those purposes under any other enactment, a local authority may take such of the following steps as they consider will, in relation to their area, promote the prevention of crime or the welfare of the victims of crime—

(a) providing apparatus for recording visual images of events occurring on any land in their area;

(b) providing within their area an electronic communications service which is distributed—

(i) only to persons on a single set of premises; and

(ii) by an electronic communications network which is wholly within those premises and is not connected to an electronic communications network any part of which is outside those premises;

(c) arranging for the provision of any other description of electronic communications network or electronic communications service within their area or between any land in their area and any building occupied by a public authority.

(2) Any power to provide, or to arrange for the provision of, any apparatus includes power to maintain, or operate, or, as the case may be, to arrange for the maintenance or operation of, that apparatus.

(3) Before taking such a step under this section, a local authority shall consult the chief officer of police for the police area or, in Scotland, the local commander designated for the local authority’s area in which the step is to be taken.

(3A) For the purposes of subsection (1)(b)—

(a) a set of premises is a single set of premises if, and only if, the same person is the occupier of all the premises; and

(b) two or more vehicles are capable of constituting a single set of premises if, and only if, they are coupled together.

(4) In this section—

“local authority”—in England, means a county council or district council;in Wales, means a county council or county borough council; andin Scotland, has the meaning given by section 235(1) of the Local Government (Scotland) Act 1973; and

“local commander” has the meaning given by section 44 of the Police and Fire Reform (Scotland) Act 2012 (asp 8);

“premises” includes a vehicle; and

“ vehicle ” includes a vessel, aircraft or hovercraft.

(5) Until 1st April 1996, in this section “local authority” means, in Wales, a county council or district council.

Serious fraud

Extension of powers of Serious Fraud Office and of powers to investigate serious fraud in Scotland.

164

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Section 2 of the Criminal Justice Act 1987 (investigative powers of Director of Serious Fraud Office) shall be amended as follows—

(a) in subsection (1), for the words from “the Attorney-General” to “the request” there shall be substituted “ an authority entitled to make such a request ”;

(b) after subsection (1), there shall be inserted the following subsections—

(1A) The authorities entitled to request the Director to exercise his powers under this section are— (a) the Attorney-General of the Isle of Man, Jersey or Guernsey, acting under legislation corresponding to section 1 of this Act and having effect in the Island whose Attorney-General makes the request; and (b) the Secretary of State acting under section 4(2A) of the Criminal Justice (International Co-operation) Act 1990, in response to a request received by him from an overseas court, tribunal or authority (an “overseas authority”). (1B) The Director shall not exercise his powers on a request from the Secretary of State acting in response to a request received from an overseas authority within subsection (1A)(b) above unless it appears to the Director on reasonable grounds that the offence in respect of which he has been requested to obtain evidence involves serious or complex fraud.

;

(8A) Any evidence obtained by the Director for use by an overseas authority shall be furnished by him to the Secretary of State for transmission to the overseas authority which requested it. (8B) If in order to comply with the request of the overseas authority it is necessary for any evidence obtained by the Director to be accompanied by any certificate, affidavit or other verifying document, the Director shall also furnish for transmission such document of that nature as may be specified by the Secretary of State when asking the Director to obtain the evidence. (8C) Where any evidence obtained by the Director for use by an overseas authority consists of a document the original or a copy shall be transmitted, and where it consists of any other article the article itself or a description, photograph or other representation of it shall be transmitted, as may be necessary in order to comply with the request of the overseas authority.

; and

(d) in subsection (18), at the end, there shall be inserted the words “; and “evidence” (in relation to subsections (1A)(b), (8A), (8B) and (8C) above) includes documents and other articles.”.

(3) In section 51(1) of the Criminal Justice (Scotland) Act 1987 (investigative powers of Lord Advocate as respects serious or complex fraud), at the end there shall be added “; and he may also give such a direction by virtue of section 4(2B) of the Criminal Justice (International Co-operation) Act 1990 or on a request being made to him by the Attorney-General of the Isle of Man, Jersey or Guernsey acting under legislation corresponding to this section and sections 52 to 54 of this Act.”.

(4) In section 52 of the Criminal Justice (Scotland) Act 1987 (investigation by nominated officer)—

(a) after subsection (7) there shall be inserted—

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