Legalize / United Kingdom / Public General Act

Criminal Justice and Police Act 2001

Type Public General Act

Publication 2001-05-11

Last updated 2025-12-27

State In force

Department Statute Law Database

Source legislation.gov.uk

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(d) section 352(4) of the Proceeds of Crime Act 2002,

this section shall have effect with the omission of every reference to special procedure material.

(6) In this section, except in its application to—

(a) the power of seizure conferred by section 8(2) of the 1984 Act,

(b) the power of seizure conferred by Article 10(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12)),

(c) each of the powers of seizure conferred by the provisions of paragraphs 1 and 3 of Schedule 5 to the Terrorism Act 2000 (c. 11), and

(d) the power of seizure conferred by paragraphs 15 and 19 of Schedule 5 to that Act of 2000, so far only as the power in question is conferred by reference to paragraph 1 of that Schedule,

(7) In relation to the powers of seizure mentioned in subsection (8), this section (and section 59(3)(c)) have effect as if—

(a) references to excluded material or special procedure material were to confidential material within the meaning of Part 1 of Schedule 2 to the National Security Act 2023, but not including items subject to legal privilege, and

(b) subsection (6) of this section did not apply.

(8) The powers of seizure referred to in subsection (7) are the powers conferred by—

(a) paragraph 2 of Schedule 2 to the National Security Act 2023, and

(b) paragraph 12 of that Schedule, so far as conferred by reference to paragraph 2 of that Schedule.

Property seized by constables etc.

56

(1) The retention of—

(a) property seized on any premises by a constable who was lawfully on the premises,

(b) property seized on any premises by a relevant person who was on the premises accompanied by a constable, and

is authorised by this section if the property falls within subsection (2) or (3).

(2) Property falls within this subsection to the extent that there are reasonable grounds for believing—

(a) that it is property obtained in consequence of the commission of an offence; and

(b) that it is necessary for it to be retained in order to prevent its being concealed, lost, damaged, altered or destroyed.

(3) Property falls within this subsection to the extent that there are reasonable grounds for believing—

(a) that it is evidence in relation to any offence; and

(b) that it is necessary for it to be retained in order to prevent its being concealed, lost, altered or destroyed.

(4) Nothing in this section authorises the retention (except in pursuance of section 54(2)) of anything at any time when its return is required by section 54.

(4A) Subsection (1)(a) includes property seized on any premises—

(a) by a person authorised under section 16(2) of the 1984 Act to accompany a constable executing a warrant, or

(b) by a person accompanying a constable under section 2(6) of the Criminal Justice Act 1987 in the execution of a warrant under section 2(4) of that Act.

(5) In subsection (1)(b) the reference to a relevant person’s being on any premises accompanied by a constable is a reference only to a person who was so on the premises under the authority of—

(a) a warrant under section 448 of the Companies Act 1985 (c. 6) authorising him to exercise together with a constable the powers conferred by subsection (3) of that section;

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

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Retention of seized items

57

(1) This section has effect in relation to the following provisions (which are about the retention of items which have been seized and are referred to in this section as “the relevant provisions”)—

(a) section 22 of the 1984 Act;

(b) Article 24 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12));

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(f) section 448(6) of the Companies Act 1985 (c. 6);

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k) paragraph 7(4) of Schedule 3B to the Human Fertilisation and Embryology Act 1990 (c. 37);

(l) section 5(4) of the Knives Act 1997 (c. 21);

(m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n) sections 28(7) and 28A(8) of the Competition Act 1998 (c. 41);

(o) sections 122E and 176A of the Financial Services and Markets Act 2000 (c. 8);

(p) paragraph 7(2) of Schedule 3 to the Freedom of Information Act 2000 (c. 36).

(pa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q) paragraph 5(4) of Schedule 5 to the Human Tissue Act 2004.

(r) paragraph 12(3) of Schedule 2 to the Animal Welfare Act 2006.

(s) paragraphs 28(7) and 29(8) of Schedule 5 to the Consumer Rights Act 2015

(t) paragraph 10 of Schedule 15 to the Data Protection Act 2018;

(u) paragraph 8 of Schedule 12 to the Online Safety Act 2023;

(v) section 75(6) of the Digital Markets, Competition and Consumers Act 2024;

(w) paragraph 3(6) of Schedule 8 to the Football Governance Act 2025.

(2) The relevant provisions shall apply in relation to any property seized in exercise of a power conferred by section 50 or 51 as if the property had been seized under the power of seizure by reference to which the power under that section was exercised in relation to that property.

(3) Nothing in any of sections 53 to 56 authorises the retention of any property at any time when its retention would not (apart from the provisions of this Part) be authorised by the relevant provisions.

(4) Nothing in any of the relevant provisions authorises the retention of anything after an obligation to return it has arisen under this Part.

Person to whom seized property is to be returned

58

(1) Where—

(a) anything has been seized in exercise of any power of seizure, and

(b) there is an obligation under this Part for the whole or any part of the seized property to be returned,

the obligation to return it shall (subject to the following provisions of this section) be an obligation to return it to the person from whom it was seized.

(2) Where—

(a) any person is obliged under this Part to return anything that has been seized to the person from whom it was seized, and

(b) the person under that obligation is satisfied that some other person has a better right to that thing than the person from whom it was seized,

his duty to return it shall, instead, be a duty to return it to that other person or, as the case may be, to the person appearing to him to have the best right to the thing in question.

(3) Where different persons claim to be entitled to the return of anything that is required to be returned under this Part, that thing may be retained for as long as is reasonably necessary for the determination in accordance with subsection (2) of the person to whom it must be returned.

(4) References in this Part to the person from whom something has been seized, in relation to a case in which the power of seizure was exercisable by reason of that thing’s having been found on any premises, are references to the occupier of the premises at the time of the seizure.

(5) References in this section to the occupier of any premises at the time of a seizure, in relation to a case in which—

(a) a notice in connection with the entry or search of the premises in question, or with the seizure, was given to a person appearing in the occupier’s absence to be in charge of the premises, and

(b) it is practicable, for the purpose of returning something that has been seized, to identify that person but not to identify the occupier of the premises,

are references to that person.

Remedies and safeguards

Application to the appropriate judicial authority

59

(1) This section applies where anything has been seized in exercise, or purported exercise, of a relevant power of seizure.

(2) Any person with a relevant interest in the seized property may apply to the appropriate judicial authority, on one or more of the grounds mentioned in subsection (3), for the return of the whole or a part of the seized property.

(3) Those grounds are—

(a) that there was no power to make the seizure;

(b) that the seized property is or contains an item subject to legal privilege that is not comprised in property falling within section 54(2);

(i) has been seized under a power to which section 55 applies;

(ii) is not comprised in property falling within section 55(2) or (3); and

(iii) is not property the retention of which is authorised by section 56;

(d) that the seized property is or contains something seized under section 50 or 51 which does not fall within section 53(3);

and subsections (5) and (6) of section 55 shall apply for the purposes of paragraph (c) as they apply for the purposes of that section.

(4) Subject to subsection (6), the appropriate judicial authority, on an application under subsection (2), shall—

(a) if satisfied as to any of the matters mentioned in subsection (3), order the return of so much of the seized property as is property in relation to which the authority is so satisfied; and

(b) to the extent that that authority is not so satisfied, dismiss the application.

(5) The appropriate judicial authority—

(a) on an application under subsection (2),

(b) on an application made by the person for the time being having possession of anything in consequence of its seizure under a relevant power of seizure, or

(i) by a person with a relevant interest in anything seized under section 50 or 51, and

(ii) on the grounds that the requirements of section 53(2) have not been or are not being complied with,

may give such directions as the authority thinks fit as to the examination, retention, separation or return of the whole or any part of the seized property.

(6) On any application under this section, the appropriate judicial authority may authorise the retention of any property which—

(a) has been seized in exercise, or purported exercise, of a relevant power of seizure, and

(b) would otherwise fall to be returned,

if that authority is satisfied that the retention of the property is justified on grounds falling within subsection (7).

(7) Those grounds are that (if the property were returned) it would immediately become appropriate—

(a) to issue, on the application of the person who is in possession of the property at the time of the application under this section, a warrant in pursuance of which, or of the exercise of which, it would be lawful to seize the property; or

(b) to make an order under—

(i) paragraph 4 of Schedule 1 to the 1984 Act,

(ii) paragraph 4 of Schedule 1 to the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12)),

(iii) section 20BA of the Taxes Management Act 1970 (c. 9), ...

(iv) paragraph 5 of Schedule 5 to the Terrorism Act 2000 (c. 11), or

(v) paragraph 3 of Schedule 2 to the National Security Act 2023,

under which the property would fall to be delivered up or produced to the person mentioned in paragraph (a).

(8) Where any property which has been seized in exercise, or purported exercise, of a relevant power of seizure has parts (“part A” and “part B”) comprised in it such that—

(a) it would be inappropriate, if the property were returned, to take any action such as is mentioned in subsection (7) in relation to part A,

(b) it would (or would but for the facts mentioned in paragraph (a)) be appropriate, if the property were returned, to take such action in relation to part B, and

(c) in all the circumstances, it is not reasonably practicable to separate part A from part B without prejudicing the use of part B for purposes for which it is lawful to use property seized under the power in question,

the facts mentioned in paragraph (a) shall not be taken into account by the appropriate judicial authority in deciding whether the retention of the property is justified on grounds falling within subsection (7).

(9) If a person fails to comply with any order or direction made or given by a judge of the Crown Court in exercise of any jurisdiction under this section—

(a) the authority may deal with him as if he had committed a contempt of the Crown Court; and

(b) any enactment relating to contempt of the Crown Court shall have effect in relation to the failure as if it were such a contempt.

(10) The relevant powers of seizure for the purposes of this section are—

(a) the powers of seizure conferred by sections 50 and 51;

(b) each of the powers of seizure specified in Parts 1 and 2 of Schedule 1; and

(c) any power of seizure (not falling within paragraph (a) or (b)) conferred on a constable by or under any enactment, including an enactment passed after this Act.

(11) References in this section to a person with a relevant interest in seized property are references to—

(a) the person from whom it was seized;

(b) any person with an interest in the property; or

(c) any person, not falling within paragraph (a) or (b), who had custody or control of the property immediately before the seizure.

(12) For the purposes of subsection (11)(b), the persons who have an interest in seized property shall, in the case of property which is or contains an item subject to legal privilege, be taken to include the person in whose favour that privilege is conferred.

(13) Criminal Procedure Rules may make provision about proceedings under this section on an application to a judge of the Crown Court in England and Wales.

Cases where duty to secure arises

60

(1) Where property has been seized in exercise, or purported exercise, of any power of seizure conferred by section 50 or 51, a duty to secure arises under section 61 in relation to the seized property if—

(a) a person entitled to do so makes an application under section 59 for the return of the property;

(b) in relation to England, Wales and Northern Ireland, at least one of the conditions set out in subsections (2) and (3) is satisfied;

(d) notice of the application is given to a relevant person.

(2) The first condition is that the application is made on the grounds that the seized property is or contains an item subject to legal privilege that is not comprised in property falling within section 54(2).

(3) The second condition is that—

(a) the seized property was seized by a person who had, or purported to have, power under this Part to seize it by virtue only of one or more of the powers specified in subsection (6); and

(b) the application—

(i) is made on the ground that the seized property is or contains something which does not fall within section 53(3); and

(ii) states that the seized property is or contains special procedure material or excluded material.

(4) In relation to property seized by a person who had, or purported to have, power under this Part to seize it by virtue only of one or more of the powers of seizure conferred by—

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

(b) section 56(5) of the Drug Trafficking Act 1994 (c. 37), . . .

(d) section 352(4) of the Proceeds of Crime Act 2002,

the second condition is satisfied only if the application states that the seized property is or contains excluded material

(5) In relation to property seized by a person who had, or purported to have, power under this Part to seize it by virtue only of one or more of the powers of seizure specified in Part 3 of Schedule 1 but not by virtue of—

(a) the power of seizure conferred by section 8(2) of the 1984 Act,

(b) the power of seizure conferred by Article 10(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12)),

(d) either of the powers of seizure conferred by paragraphs 15 and 19 of Schedule 5 to that Act of 2000 so far as they are conferred by reference to paragraph 1 of that Schedule,

the second condition is satisfied only if the application states that the seized property is or contains excluded material or special procedure material consisting of documents or records other than documents.

(6) The powers mentioned in subsection (3) are—

(a) the powers of seizure specified in Part 3 of Schedule 1;

(b) the powers of seizure conferred by the provisions of Parts 2 and 3 of the 1984 Act (except section 8(2) of that Act);

(c) the powers of seizure conferred by the provisions of Parts 3 and 4 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (except Article 10(2) of that Order);

(d) the powers of seizure conferred by the provisions of paragraph 11 of Schedule 5 to the Terrorism Act 2000; ...

(e) the powers of seizure conferred by the provisions of paragraphs 15 and 19 of that Schedule so far as they are conferred by reference to paragraph 11 of that Schedule.

(f) the powers of seizure conferred by the provisions of paragraph 9 of Schedule 2 to the National Security Act 2023; and

(g) the powers of seizure conferred by the provisions of paragraph 12 of that Schedule so far as conferred by reference to paragraph 9 of that Schedule.

(6A) In relation to the powers of seizure mentioned in subsection (6B)—

(a) subsection (3)(b)(ii) applies as if the reference to special procedure material or excluded material were to confidential material within the meaning of Part 1 of Schedule 2 to the National Security Act 2023, but not including items subject to legal privilege, and

(b) subsection (5) of this section does not apply.

(6B) The powers of seizure referred to in subsection (6A) are the powers conferred by—

(a) paragraph 2 of Schedule 2 to the National Security Act 2023, and

(b) paragraph 12 of that Schedule, so far as conferred by reference to paragraph 2 of that Schedule.

(7) In this section “a relevant person” means any one of the following—

(a) the person who made the seizure;

(b) the person for the time being having possession, in consequence of the seizure, of the seized property;

(c) the person named for the purposes of subsection (1)(d) or (4)(d) of section 52 in any notice given under that section with respect to the seizure.

The duty to secure

61

(1) The duty to secure that arises under this section is a duty of the person for the time being having possession, in consequence of the seizure, of the seized property to secure that arrangements are in force that ensure that the seized property (without being returned) is not, at any time after the giving of the notice of the application under section 60(1), either—

(a) examined or copied, or

(b) put to any use to which its seizure would, apart from this subsection, entitle it to be put,

except with the consent of the applicant or in accordance with the directions of the appropriate judicial authority.

(2) Subsection (1) shall not have effect in relation to any time after the withdrawal of the application to which the notice relates.

(3) Nothing in any arrangements for the purposes of this section shall be taken to prevent the giving of a notice under section 49 of the Regulation of Investigatory Powers Act 2000 (c. 23) (notices for the disclosure of material protected by encryption etc.) in respect of any information contained in the seized material; but subsection (1) of this section shall apply to anything disclosed for the purpose of complying with such a notice as it applies to the seized material in which the information in question is contained.

(4) Subsection (9) of section 59 shall apply in relation to any jurisdiction conferred on the appropriate judicial authority by this section as it applies in relation to the jurisdiction conferred by that section.

Use of inextricably linked property

62

(1) This section applies to property, other than property which is for the time being required to be secured in pursuance of section 61, if—

(a) it has been seized under any power conferred by section 50 or 51 or specified in Part 1 or 2 of Schedule 1, and

(b) it is inextricably linked property.

(2) Subject to subsection (3), it shall be the duty of the person for the time being having possession, in consequence of the seizure, of the inextricably linked property to ensure that arrangements are in force which secure that that property (without being returned) is not at any time, except with the consent of the person from whom it was seized, either—

(a) examined or copied, or

(b) put to any other use.

(3) Subsection (2) does not require that arrangements under that subsection should prevent inextricably linked property from being put to any use falling within subsection (4).

(4) A use falls within this subsection to the extent that it is use which is necessary for facilitating the use, in any investigation or proceedings, of property in which the inextricably linked property is comprised.

(5) Property is inextricably linked property for the purposes of this section if it falls within any of subsections (6) to (8).

(6) Property falls within this subsection if—

(a) it has been seized under a power conferred by section 50 or 51; and

(b) but for subsection (3)(c) of section 53, arrangements under subsection (2) of that section in relation to the property would be required to ensure the return of the property as mentioned in subsection (2)(c) of that section.

(7) Property falls within this subsection if—

(a) it has been seized under a power to which section 54 applies; and

(b) but for paragraph (b) of subsection (1) of that section, the person for the time being having possession of the property would be under a duty to secure its return as mentioned in that subsection.

(8) Property falls within this subsection if—

(a) it has been seized under a power of seizure to which section 55 applies; and

(b) but for paragraph (c) of subsection (1) of that section, the person for the time being having possession of the property would be under a duty to secure its return as mentioned in that subsection.

Construction of Part 2

Copies

63

(1) Subject to subsection (3)—

(a) in this Part, “seize” includes “take a copy of”, and cognate expressions shall be construed accordingly;

(b) this Part shall apply as if any copy taken under any power to which any provision of this Part applies were the original of that of which it is a copy; and

(c) for the purposes of this Part, except sections 50 and 51, the powers mentioned in subsection (2) (which are powers to obtain hard copies etc. of information which is stored in electronic form) shall be treated as powers of seizure, and references to seizure and to seized property shall be construed accordingly;

(d) for the purposes of this Part, except sections 50 and 51, the powers in section 75(2)(d) and (f) of the Digital Markets, Competition and Consumers Act 2024 , and in paragraph 3(2)(d) and (f) of Schedule 8 to the Football Governance Act 2025 are to be treated as powers of seizure, and references to seizure and to seized property are to be construed accordingly.

(2) The powers mentioned in subsection (1)(c) are any powers which are conferred by—

(a) section 19(4) or 20 of the 1984 Act;

(b) Article 21(4) or 22 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12));

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(f) section 32(6)(b) of the Food Safety Act 1990 (c. 16);

(g) Article 34(6)(b) of the Food Safety (Northern Ireland) Order 1991 (S.I. 1991 762 (N.I. 7));

(ga) section 23E(5)(b) (as read with section 23K(2)) of the Criminal Law (Consolidation) (Scotland) Act 1995;

(h) section 28(2)(f) or (g) or 28A(2)(f) or (g) of the Competition Act 1998 (c. 41); or

(i) section 8(2)(c) of the Nuclear Safeguards Act 2000 (c. 5).

(3) Subsection (1) does not apply to section 50(6) or 57.

Meaning of “appropriate judicial authority”

64

(1) Subject to subsections (2) and (4), in this Part “appropriate judicial authority” means—

(a) in relation to England and Wales and Northern Ireland, a judge of the Crown Court;

(b) in relation to Scotland, a sheriff.

(2) In this Part “appropriate judicial authority”, in relation to the seizure of items under any power mentioned in subsection (3) and in relation to items seized under any such power, means—

(a) in relation to England and Wales and Northern Ireland, the High Court;

(b) in relation to Scotland, the Court of Session.

(3) Those powers are—

(a) the powers of seizure conferred by—

(i) section 448(3) of the Companies Act 1985 (c. 6);

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) sections 28(2) and 28A(2) of the Competition Act 1998; . . .

(iv) section 75(2) of the Digital Markets, Competition and Consumers Act 2024.

(aa) the power of seizure conferred by section 352(4) of the Proceeds of Crime Act 2002, if the power is exercisable for the purposes of a civil recovery investigation ... (within the meaning of Part 8 of that Act);

(b) any power of seizure conferred by section 50, so far as that power is exercisable by reference to any power mentioned in paragraph (a).

(4) In this Part “appropriate judicial authority”, in relation to the seizure of documents under paragraph 3(2) of Schedule 8 to the Football Governance Act 2025 and in relation to documents seized under that power, means the High Court.

Meaning of “legal privilege”

65

(1) Subject to the following provisions of this section, references in this Part to an item subject to legal privilege shall be construed—

(a) for the purposes of the application of this Part to England and Wales, in accordance with section 10 of the 1984 Act (meaning of “legal privilege”);

(b) for the purposes of the application of this Part to Scotland, in accordance with section 412 of the Proceeds of Crime Act 2002(interpretation); and

(c) for the purposes of the application of this Part to Northern Ireland, in accordance with Article 12 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12)) (meaning of “legal privilege”).

(2) In relation to property which has been seized in exercise, or purported exercise, of—

(a) the powers of seizure conferred by section 28(2) or 28A(2) of the Competition Act 1998, or

(b) so much of any power of seizure conferred by section 50 as is exercisable by reference to that power,

references in this Part to an item subject to legal privilege shall be read as references to a privileged communication within the meaning of section 30 of that Act.

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

(3A) In relation to property which has been seized in exercise, or purported exercise, of—

(a) the power of seizure conferred by section 352(4) of the Proceeds of Crime Act 2002, or

(b) so much of any power of seizure conferred by section 50 as is exercisable by reference to that power,

references in this Part to an item subject to legal privilege shall be read as references to privileged material within the meaning of section 354(2) of that Act.

(3B) In relation to property which has been seized in exercise, or purported exercise, of—

(a) the power of seizure conferred by section 75(2) of the Digital Markets, Competition and Consumers Act 2024, or

(b) so much of any power of seizure conferred by section 50 as is exercisable by reference to that power,

references in this Part to an item subject to legal privilege are to be read as references to a privileged communication within the meaning of section 81 (privileged communications) of that Act.

(3C) In relation to property which has been seized in exercise, or purported exercise, of—

(a) the power of seizure conferred by paragraph 3(2) of Schedule 8 to the Football Governance Act 2025, or

(b) so much of any power of seizure conferred by section 50 as is exercisable by reference to that power,

references in this Part to an item subject to legal privilege are to be read as references to a privileged communication within the meaning of section 73(3) of that Act.

(4) An item which is, or is comprised in, property which has been seized in exercise, or purported exercise, of the power of seizure conferred by section 448(3) of the Companies Act 1985 (c. 6) shall be taken for the purposes of this Part to be an item subject to legal privilege if, and only if, the seizure of that item was in contravention of section 452(2) of that Act (privileged information).

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

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

(7) An item which is, or is comprised in, property which has been seized in exercise, or purported exercise, of the power of seizure conferred by paragraphs 1 and 2 of Schedule 15 to the Data Protection Act 2018 shall be taken for the purposes of this Part to be an item subject to legal privilege if, and only if, the seizure of that item was in contravention of paragraph 11 (matters exempt from inspection and seizure: privileged communications) of that Schedule (privileged communications).

(8) An item which is, or is comprised in, property which has been seized in exercise, or purported exercise, of the power of seizure conferred by paragraph 1 of Schedule 3 to the Freedom of Information Act 2000 (c. 36) shall be taken for the purposes of this Part to be an item subject to legal privilege if, and only if, the seizure of that item was in contravention of paragraph 9 of that Schedule (privileged communications).

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

(8B) An item which is, or is comprised in, property which has been seized in exercise or purported exercise of the power of seizure conferred by paragraph 27(1)(b) or 29(1) of Schedule 5 to the Consumer Rights Act 2015 shall be taken for the purposes of this Part to be an item subject to legal privilege if, and only if, the seizure of that item was in contravention of paragraph 27(6) or (as the case may be) 29(6) of that Schedule (privileged documents).

(8C) An item which is, or is comprised in, property which has been seized in exercise or purported exercise of the power of seizure conferred by paragraph 7(f), (j) or (k) of Schedule 12 to the Online Safety Act 2023 is to be taken for the purposes of this Part to be an item subject to legal privilege if, and only if, the seizure of that item was in contravention of paragraph 17(3) of that Schedule (privileged information or documents).

(9) An item which is, or is comprised in, property which has been seized in exercise, or purported exercise, of so much of any power of seizure conferred by section 50 as is exercisable by reference to a power of seizure conferred by—

(a) section 448(3) of the Companies Act 1985,

(b) Article 441(3) of the Companies (Northern Ireland) Order 1986,

(d) paragraph 1 of Schedule 9 to the Data Protection Act 1998, . . . ...

(e) paragraph 1 of Schedule 3 to the Freedom of Information Act 2000,... or

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) paragraph 7(f), (j) or (k) of Schedule 12 to the Online Safety Act 2023.

shall be taken for the purposes of this Part to be an item subject to legal privilege if, and only if, the item would have been taken for the purposes of this Part to be an item subject to legal privilege had it been seized under the power of seizure by reference to which the power conferred by section 50 was exercised.

General interpretation of Part 2

66

(1) In this Part—

“appropriate judicial authority” has the meaning given by section 64;

“documents” includes information recorded in any form;

“item subject to legal privilege” shall be construed in accordance with section 65;

“marine installation” has the meaning given by section 262 of the Marine and Coastal Access Act 2009;

“premises” includes any vehicle, stall or moveable structure (including an offshore installation or other marine installation) and any other place whatever, whether or not occupied as land;

“offshore installation” has the same meaning as in the Mineral Workings (Offshore Installations) Act 1971 (c. 61);

“return”, in relation to seized property, shall be construed in accordance with section 58, and cognate expressions shall be construed accordingly;

“seize”, and cognate expressions, shall be construed in accordance with section 63(1) and subsection (5) below;

“seized property”, in relation to any exercise of a power of seizure, means (subject to subsection (5)) anything seized in exercise of that power; and

“vehicle” includes any vessel, aircraft or hovercraft.

(2) In this Part references, in relation to a time when seized property is in any person’s possession in consequence of a seizure (“the relevant time”), to something for which the person making the seizure had power to search shall be construed—

(a) where the seizure was made on the occasion of a search carried out on the authority of a warrant, as including anything of the description of things the presence or suspected presence of which provided grounds for the issue of the warrant;

(b) where the property was seized in the course of a search on the occasion of which it would have been lawful for the person carrying out the search to seize anything which on that occasion was believed by him to be, or appeared to him to be, of a particular description, as including—

(i) anything which at the relevant time is believed by the person in possession of the seized property, or (as the case may be) appears to him, to be of that description; and

(ii) anything which is in fact of that description;

(c) where the property was seized in the course of a search on the occasion of which it would have been lawful for the person carrying out the search to seize anything which there were on that occasion reasonable grounds for believing was of a particular description, as including—

(i) anything which there are at the relevant time reasonable grounds for believing is of that description; and

(ii) anything which is in fact of that description;

(d) where the property was seized in the course of a search to which neither paragraph (b) nor paragraph (c) applies, as including anything which is of a description of things which, on the occasion of the search, it would have been lawful for the person carrying it out to seize otherwise than under section 50 and 51; and

(e) where the property was seized on the occasion of a search authorised under section 82 of the Terrorism Act 2000 (c. 11) (seizure of items suspected to have been, or to be intended to be, used in commission of certain offences), as including anything—

(i) which is or has been, or is or was intended to be, used in the commission of an offence such as is mentioned in subsection (3)(a) or (b) of that section; or

(ii) which at the relevant time the person who is in possession of the seized property reasonably suspects is something falling within sub-paragraph (i).

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

(4) References in subsection (2) to a search include references to any activities authorised by virtue of any of the following—

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

(b) section 29(1) of the Fair Trading Act 1973 (c. 41) (power to enter premises and to inspect and seize goods and documents);

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) section 29(4) of the Consumer Protection Act 1987 (c. 43) (powers of search etc.);

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) section 32(5) of the Food Safety Act 1990 (c. 16) (power to inspect records relating to a food business);

(ja) paragraph 5 of Schedule 3B to the Human Fertilisation and Embryology Act 1990.

(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l) Article 33(6) of the Food Safety (Northern Ireland) Order 1991 (S.I. 1991 762 (N.I. 7));

(m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ma) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n) paragraph 2 of Schedule 5 to the Human Tissue Act 2004 (entry and inspection of licensed premises).

(o) regulation 22(4) of the General Product Safety Regulations 2005 (powers of entry and search etc)

(p) sections 26(1), 27(1), 28(1) and 29(1) of the Animal Welfare Act 2006 (inspection in connection with licences, inspection in connection with registration, inspection of farm premises and inspection relating to EU obligations).

(q) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(r) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(t) Part 4 of Schedule 5 to the Consumer Rights Act 2015

(5) References in this Part to a power of seizure include references to each of the powers to take possession of items under—

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

(b) section 448(3) of the Companies Act 1985 (c. 6);

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(f) section 2(5) of the Criminal Justice Act 1987 (c. 38);

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) sections 28(2)(c) and 28A(2)(c) of the Competition Act 1998 (c. 41); and

(i) sections 122D(3) and 176(5) of the Financial Services and Markets Act 2000 (c. 8);

(j) section 75(2)(j) of the Digital Markets, Competition and Consumers Act 2024;

(k) paragraph 3(2)(j) of Schedule 8 to the Football Governance Act 2025.

and references in this Part to seizure and to seized property shall be construed accordingly.

(6) In this Part, so far as it applies to England and Wales—

(a) references to excluded material shall be construed in accordance with section 11 of the 1984 Act (meaning of “excluded material”); and

(b) references to special procedure material shall be construed in accordance with section 14 of that Act (meaning of “special procedure material”).

(7) In this Part, so far as it applies to Northern Ireland—

(a) references to excluded material shall be construed in accordance with Article 13 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12)) (meaning of “excluded material”); and

(b) references to special procedure material shall be construed in accordance with Article 16 of that Order (meaning of “special procedure material”).

(8) References in this Part to any item or material being comprised in other property include references to its being mixed with that other property.

(9) In this Part “enactment” includes an enactment contained in Northern Ireland legislation.

Supplemental provisions of Part 2

Application to customs officers

67

The powers conferred by section 114(2) of the 1984 Act and Article 85(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (application of provisions relating to police officers to officers of Revenue and Customs) shall have effect in relation to the provisions of this Part as they have effect in relation to the provisions of that Act or, as the case may be, that Order.

Application to Scotland

68

(1) In the application of this Part to Scotland—

(a) subsection (4) of section 54 and subsection (10) of section 59 shall each have effect with the omission of paragraph (c) of that subsection;

(b) section 55 and subsection (3)(c) of section 59 shall be omitted; and

(c) Schedule 1 shall have effect as if the powers specified in that Schedule did not include any power of seizure under any enactment mentioned in that Schedule, so far as it is exercisable in Scotland by a constable, except a power conferred by an enactment mentioned in subsection (2).

(2) Those enactments are—

(a) section 43(5) of the Gaming Act 1968 (c. 65);

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

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(f) sections 122D(3) and 176(5) of the Financial Services and Markets Act 2000 (c. 8).

(g) regulation 70(7) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017; and

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to powers designated by order

69

(1) The Secretary of State may by order—

(a) provide for any power designated by the order to be added to those specified in Schedule 1 or section 63(2);

(b) make any modification of the provisions of this Part which the Secretary of State considers appropriate in consequence of any provision made by virtue of paragraph (a);

(c) make any modification of any enactment making provision in relation to seizures, or things seized, under a power designated by an order under this subsection which the Secretary of State considers appropriate in consequence of any provision made by virtue of that paragraph.

(2) Where the power designated by the order made under subsection (1) is a power conferred in relation to Scotland, the Secretary of State shall consult the Scottish Ministers before making the order.

(2A) Where the power designated by the order made under subsection (1) is a power conferred in relation to Northern Ireland, the Secretary of State shall consult the Department of Justice in Northern Ireland before making the order.

(3) The power to make an order under subsection (1) shall be exercisable by statutory instrument; and no such order shall be made unless a draft of it has been laid before Parliament and approved by a resolution of each House.

(4) In this section “modification” includes any exclusion, extension or application.

Consequential applications and amendments of enactments

70

Schedule 2 (which applies enactments in relation to provision made by this Part and contains minor and consequential amendments) shall have effect.

Part 3 — Police and Criminal Evidence and the Terrorism Act

Arrestable offences

71

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

Importation of indecent or obscene material

72

Detention and arrest

Use of video and telephone links for decisions about detention

73

(1) The 1984 Act shall be amended as follows.

(2) After section 40 there shall be inserted—

(40A) (1) This section applies, notwithstanding anything in section 40 above, where in the case of a person who has been arrested but not charged— (a) it is not reasonably practicable for an officer of at least the rank of inspector to be present in the police station where that person is held to carry out any review of that person’s detention that is required by subsection (1)(b) of that section; and (b) the review is not one which regulations under section 45A below authorise to be carried out using video-conferencing facilities, or is one which it is not reasonably practicable, in the circumstances, to carry out using any such facilities. (2) The review may be carried out by an officer of at least the rank of inspector who has access to a means of communication by telephone to persons in the police station where the arrested person is held. (3) Where any review is carried out under this section by an officer who is not present at the station where the arrested person is held— (a) any obligation of that officer to make a record in connection with the carrying out of the review shall have effect as an obligation to cause another officer to make the record; (b) any requirement for the record to be made in the presence of the arrested person shall apply to the making of that record by that other officer; and (c) the requirements under section 40(12) and (13) above for— (i) the arrested person, or (ii) a solicitor representing him, to be given any opportunity to make representations (whether in writing or orally) to that officer shall have effect as a requirement for that person, or such a solicitor, to be given an opportunity to make representations in a manner authorised by subsection (4) below. (4) Representations are made in a manner authorised by this subsection— (a) in a case where facilities exist for the immediate transmission of written representations to the officer carrying out the review, if they are made either— (i) orally by telephone to that officer; or (ii) in writing to that officer by means of those facilities; and (b) in any other case, if they are made orally by telephone to that officer. (5) In this section “video-conferencing facilities” has the same meaning as in section 45A below.

(3) After section 45 there shall be inserted—

(45A) (1) Subject to the following provisions of this section, the Secretary of State may by regulations provide that, in the case of an arrested person who is held in a police station, some or all of the functions mentioned in subsection (2) may be performed (notwithstanding anything in the preceding provisions of this Part) by an officer who— (a) is not present in that police station; but (b) has access to the use of video-conferencing facilities that enable him to communicate with persons in that station. (2) Those functions are— (a) the functions in relation to an arrested person taken to a police station that is not a designated police station which, in the case of an arrested person taken to a station that is a designated police station, are functions of a custody officer under section 37, 38 or 40 above; and (b) the function of carrying out a review under section 40(1)(b) above (review, by an officer of at least the rank of inspector, of the detention of person arrested but not charged). (3) Regulations under this section shall specify the use to be made in the performance of the functions mentioned in subsection (2) above of the facilities mentioned in subsection (1) above. (4) Regulations under this section shall not authorise the performance of any of the functions mentioned in subsection (2)(a) above by such an officer as is mentioned in subsection (1) above unless he is a custody officer for a designated police station. (5) Where any functions mentioned in subsection (2) above are performed in a manner authorised by regulations under this section— (a) any obligation of the officer performing those functions to make a record in connection with the performance of those functions shall have effect as an obligation to cause another officer to make the record; and (b) any requirement for the record to be made in the presence of the arrested person shall apply to the making of that record by that other officer. (6) Where the functions mentioned in subsection (2)(b) are performed in a manner authorised by regulations under this section, the requirements under section 40(12) and (13) above for— (a) the arrested person, or (b) a solicitor representing him, to be given any opportunity to make representations (whether in writing or orally) to the person performing those functions shall have effect as a requirement for that person, or such a solicitor, to be given an opportunity to make representations in a manner authorised by subsection (7) below. (7) Representations are made in a manner authorised by this subsection— (a) in a case where facilities exist for the immediate transmission of written representations to the officer performing the functions, if they are made either— (i) orally to that officer by means of the video-conferencing facilities used by him for performing those functions; or (ii) in writing to that officer by means of the facilities available for the immediate transmission of the representations; and (b) in any other case if they are made orally to that officer by means of the video-conferencing facilities used by him for performing the functions. (8) Regulations under this section may make different provision for different cases and may be made so as to have effect in relation only to the police stations specified or described in the regulations. (9) Regulations under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament. (10) Any reference in this section to video-conferencing facilities, in relation to any functions, is a reference to any facilities (whether a live television link or other facilities) by means of which the functions may be performed with the officer performing them, the person in relation to whom they are performed and any legal representative of that person all able to both see and to hear each other.

Authorisation for delay in notifying arrest

74

In section 56(2)(b) of the 1984 Act (authorisation by a constable of at least the rank of superintendent for a delay in allowing an arrested person to notify someone of his arrest and detention), for “superintendent” there shall be substituted “ inspector ”.

Use of video links for proceedings about Terrorism Act detention

75

In paragraph 33 of Schedule 8 to the Terrorism Act 2000 (c. 11) (representation at a hearing for a warrant of further detention or for the extension or further extension of the period specified in such a warrant), after sub-paragraph (3) there shall be inserted—

(4) A judicial authority may, after giving an opportunity for representations to be made by or on behalf of the applicant and the person to whom the application relates, direct— (a) that the hearing of the application must be conducted, and (b) that all representations by or on behalf of a person for the purposes of the hearing must be made, by such means (whether a live television link or other means) falling within sub-paragraph (5) as may be specified in the direction and not in the presence (apart from by those means) of the applicant, of the person to whom the application relates or of any legal representative of that person. (5) A means of conducting the hearing and of making representations falls within this sub-paragraph if it allows the person to whom the application relates and any legal representative of his (without being present at the hearing and to the extent that they are not excluded from it under sub-paragraph (3))— (a) to see and hear the judicial authority and the making of representations to it by other persons; and (b) to be seen and heard by the judicial authority. (6) If the person to whom the application relates wishes to make representations about whether a direction should be given under sub-paragraph (4), he must do so by using the facilities that will be used if the judicial authority decides to give a direction under that sub-paragraph. (7) Sub-paragraph (2) applies to the hearing of representations about whether a direction should be given under sub-paragraph (4) in the case of any application as it applies to a hearing of the application. (8) A judicial authority shall not give a direction under sub-paragraph (4) unless— (a) it has been notified by the Secretary of State that facilities are available at the place where the person to whom the application relates is held for the judicial authority to conduct a hearing by means falling within sub-paragraph (5); and (b) that notification has not been withdrawn. (9) If in a case where it has power to do so a judicial authority decides not to give a direction under sub-paragraph (4), it shall state its reasons for not giving it.

Codes of practice

Visual recording of interviews

76

(1) After section 60 of the 1984 Act (tape recording of interviews) there shall be inserted—

(60A) (1) The Secretary of State shall have power— (a) to issue a code of practice for the visual recording of interviews held by police officers at police stations; and (b) to make an order requiring the visual recording of interviews so held, and requiring the visual recording to be in accordance with the code for the time being in force under this section. (2) A requirement imposed by an order under this section may be imposed in relation to such cases or police stations in such areas, or both, as may be specified or described in the order. (3) An order under subsection (1) above shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament. (4) In this section— (a) references to any interview are references to an interview of a person suspected of a criminal offence; and (b) references to a visual recording include references to a visual recording in which an audio recording is comprised.

(2) In section 67(2) of the 1984 Act (procedure for codes of practice under section 60 or 66), after “60” there shall be inserted “ , 60A ”.

Codes of practice

77

In section 67 of the 1984 Act (procedure in relation to a code of practice under section 60, 60A or 66), after subsection (7) there shall be inserted—

(7A) Subject to subsection (7B) below, the Secretary of State may by order provide that a code of practice for the time being in force is to be treated as having effect with such modifications as may be set out in the order. (7B) The effect of the modifications made by an order under subsection (7A) above must be confined to one or more of the following— (a) the effect of the code in relation to such area of England and Wales as may be specified in the order; (b) the effect of the code during such period, not exceeding two years, as may be so specified; (c) the effect of the order in relation to such offences or descriptions of offender as may be so specified. (7C) An order under subsection (7A) above shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Fingerprints and samples

Taking fingerprints

78

(1) In section 27 of the 1984 Act (requirement to attend police station for fingerprinting), after subsection (1) there shall be inserted—

(1A) Where a person convicted of a recordable offence has already had his fingerprints taken as mentioned in paragraph (c) of subsection (1) above, that fact (together with any time when he has been in police detention for the offence) shall be disregarded for the purposes of that subsection if— (a) the fingerprints taken on the previous occasion do not constitute a complete set of his fingerprints; or (b) some or all of the fingerprints taken on the previous occasion are not of sufficient quality to allow satisfactory analysis, comparison or matching. (1B) Subsections (1) and (1A) above apply— (a) where a person has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted, or (b) where a person has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 (c. 37) for a recordable offence, as they apply where a person has been convicted of an offence, and references in this section to a conviction shall be construed accordingly.

(2) In section 61(3)(a) of the 1984 Act (compulsory fingerprinting under the authorisation of a police officer of at least the rank of superintendent), for “superintendent” there shall be substituted “ inspector ”.

(3) After section 61(3) of the 1984 Act there shall be inserted—

(3A) Where a person charged with a recordable offence or informed that he will be reported for such an offence has already had his fingerprints taken as mentioned in paragraph (b)(ii) of subsection (3) above, that fact shall be disregarded for the purposes of that subsection if— (a) the fingerprints taken on the previous occasion do not constitute a complete set of his fingerprints; or (b) some or all of the fingerprints taken on the previous occasion are not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally).

(4) After section 61(4) of the 1984 Act there shall be inserted—

(4A) The fingerprints of a person who has answered to bail at a court or police station may be taken without the appropriate consent at the court or station if— (a) the court, or (b) an officer of at least the rank of inspector, authorises them to be taken. (4B) A court or officer may only give an authorisation under subsection (4A) if— (a) the person who has answered to bail has answered to it for a person whose fingerprints were taken on a previous occasion and there are reasonable grounds for believing that he is not the same person; or (b) the person who has answered to bail claims to be a different person from a person whose fingerprints were taken on a previous occasion.

(5) In section 61(5) of the 1984 Act (authorisation to be in writing or oral but to be confirmed in writing), after “(3)(a)” there shall be inserted “ or (4A) ”.

(6) In section 61(6) of the 1984 Act (compulsory fingerprinting of persons convicted of recordable offences), for “he has been convicted of a recordable offence” there shall be substituted—

(a) he has been convicted of a recordable offence; (b) he has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted; or (c) he has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 (c. 37) for a recordable offence.

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

(8) In section 65(1) of the 1984 Act (supplementary provisions of Part 5), for the definition of “fingerprints” there shall be substituted—

“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— (a) any of that person’s fingers; or (b) either of his palms;

(9) Section 39 of the Criminal Justice Act 1948 (c. 58) (proof of previous convictions by fingerprints) shall cease to have effect.

Authority for intimate searches

79

In subsections (1) and (5) of section 55 of the 1984 Act (authorisation by a constable of at least the rank of superintendent of an intimate search or the use for such a search of a person without the specified qualification), for “superintendent”, in each place where it occurs, there shall be substituted “ inspector ”.

Samples

80

(1) In sections 62(1)(a) and (1A)(a) and 63(3)(b) of the 1984 Act (authorisation of a police officer of or above the rank of superintendent required for the taking of an intimate or non-intimate sample), for the word “superintendent”, in each place where it occurs, there shall be substituted “ inspector ”.

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

(3) After section 63(5) of the 1984 Act there shall be inserted—

(5A) An officer shall not give an authorisation under subsection (3) above for the taking from any person of a non-intimate sample consisting of a skin impression if— (a) a skin impression of the same part of the body has already been taken from that person in the course of the investigation of the offence; and (b) the impression previously taken is not one that has proved insufficient.

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

(5) Section 65 of the 1984 Act (supplementary provisions of Part 5) shall become subsection (1) of that section and—

(a) after “this Act—” there shall be inserted—

“analysis”, in relation to a skin impression, includes comparison and matching;

(b) in the definition of “non-intimate sample”, for paragraph (e) (footprints etc.) there shall be substituted—

(e) a skin impression;

“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;

and

(d) in the definition of “sufficient” and “insufficient”, after “means” there shall be inserted “ (subject to subsection (2) below) ”.

(6) After subsection (1) of section 65 of the 1984 Act there shall be inserted—

(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.

Speculative searches

81

(1) In subsection (1)(a) of section 63A of the 1984 Act (speculative searches against records held by or on behalf of specified police forces), for “a police force (or police forces) falling within subsection (1A) below or” there shall be substituted “ any one or more relevant law-enforcement authorities or which ”.

(2) For subsection (1A) of that section (specified police forces) there shall be substituted—

(1A) In subsection (1) above “relevant law-enforcement authority” means— (a) a police force; (b) the National Criminal Intelligence Service; (c) the National Crime Squad; (d) a public authority (not falling within paragraphs (a) to (c)) with functions in any part of the British Islands which consist of or include the investigation of crimes or the charging of offenders; (e) any person with functions in any country or territory outside the United Kingdom which— (i) correspond to those of a police force; or (ii) otherwise consist of or include the investigation of conduct contrary to the law of that country or territory, or the apprehension of persons guilty of such conduct; (f) any person with functions under any international agreement which consist of or include the investigation of conduct which is— (i) unlawful under the law of one or more places, (ii) prohibited by such an agreement, or (iii) contrary to international law, or the apprehension of persons guilty of such conduct. (1B) The reference in subsection (1A) above to a police force is a reference to any of the following— (a) any police force maintained under section 2 of the Police Act 1996 (c. 16) (police forces in England and Wales outside London); (b) the metropolitan police force; (c) the City of London police force; (d) any police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 (c. 77); (e) the Police Service of Northern Ireland; (f) the Police Service of Northern Ireland Reserve; (g) the Ministry of Defence Police; (h) the Royal Navy Regulating Branch; (i) the Royal Military Police; (j) the Royal Air Force Police; (k) the Royal Marines Police; (l) the British Transport Police; (m) the States of Jersey Police Force; (n) the salaried police force of the Island of Guernsey; (o) the Isle of Man Constabulary. (1C) Where— (a) fingerprints or samples have been taken from any person in connection with the investigation of an offence but otherwise than in circumstances to which subsection (1) above applies, and (b) that person has given his consent in writing to the use in a speculative search of the fingerprints or of the samples and of information derived from them, the fingerprints or, as the case may be, those samples and that information may be checked against any of the fingerprints, samples or information mentioned in paragraph (a) or (b) of that subsection. (1D) A consent given for the purposes of subsection (1C) above shall not be capable of being withdrawn.

Restriction on use and destruction of fingerprints and samples

82

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

Provision for Northern Ireland corresponding to s. 82

83

(1) Article 64 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12)) (destruction of fingerprints and samples) shall be amended as follows.

(2) For paragraphs (1) and (2) (obligation to destroy fingerprints and samples of persons who are not prosecuted or who are cleared) there shall be substituted—

(1A) Where— (a) fingerprints or samples are taken from a person in connection with the investigation of an offence; and (b) paragraph (3) does not require them to be destroyed, the fingerprints or samples may be retained after they have fulfilled the purposes for which they were taken but shall not be used by any person except for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution. (1B) In paragraph (1A)— (a) the reference to using a fingerprint includes a reference to allowing any check to be made against it under Article 63A(1) and to disclosing it to any person; (b) the reference to using a sample includes a reference to allowing any check to be made under Article 63A(1) against it or against information derived from it and to disclosing it or any such information to any person; (c) the reference to crime includes a reference to any conduct which— (i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or (ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences; and (d) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.

(3) In paragraph (3), for “paragraph (3A)” there shall be substituted “ the following provisions of this Article ”.

(4) For paragraphs (3A) and (3B) (power to retain samples for elimination purposes and restriction on use) there shall be substituted—

(3AA) Samples and fingerprints are not required to be destroyed under paragraph (3) if— (a) they were taken for the purposes of the investigation of an offence of which a person has been convicted; and (b) a sample or, as the case may be, fingerprint was also taken from the convicted person for the purposes of that investigation. (3AB) Subject to paragraph (3AC), where a person is entitled under paragraph (3) to the destruction of any fingerprint or sample taken from him (or would be but for paragraph (3AA)), neither the fingerprint nor the sample, nor any information derived from the sample, shall be used— (a) in evidence against the person who is or would be entitled to the destruction of that fingerprint or sample; or (b) for the purposes of the investigation of any offence; and paragraph (1B) applies for the purposes of this paragraph as it applies for the purposes of paragraph (1A). (3AC) Where a person from whom a fingerprint or sample has been taken consents in writing to its retention— (a) that sample need not be destroyed under paragraph (3); and (b) paragraph (3AB) shall not restrict the use that may be made of the fingerprint or sample or, in the case of a sample, of any information derived from it; and a consent given for the purposes of this paragraph shall not be capable of being withdrawn. (3AD) For the purposes of paragraph (3AC) it shall be immaterial whether the consent is given at, before or after the time when the entitlement to the destruction of the fingerprint or sample arises.

(5) In paragraph (8)(a) (saving for power conferred by Immigration Act 1971 (c. 77)), after “1971” there shall be inserted “ or section 20 of the Immigration and Asylum Act 1999 (c. 33) (disclosure of police information to the Secretary of State for use for immigration purposes); ”.

(6) The fingerprints, samples and information the retention and use of which, in accordance with the amended provisions of Article 64 of the Order of 1989, is authorised by this section include—

(a) fingerprints and samples the destruction of which should have taken place before the commencement of this section, but did not; and

(b) information deriving from any such samples or from samples the destruction of which did take place, in accordance with that Article, before the commencement of this section.

Amendment of Terrorism Act 2000 equivalent to s. 82

84

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Persons authorised by the Secretary of State

Power to apply 1984 Act provisions

85

After section 114 of the 1984 Act (application of Act to Customs and Excise) there shall be inserted—

(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 Trade and Industry 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 a serious arrestable offence or to anything which there are reasonable grounds for suspecting has involved the commission of a serious arrestable 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.

Execution of process in other domestic jurisdictions

Process for obtaining excluded and special procedure material

86

(1) In section 9 of the 1984 Act (which contains provision introducing the provisions of Schedule 1 to that Act for obtaining access to excluded and special procedure material), after subsection (2) there shall be inserted—

(2A) Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24) (which includes provision for the execution of process of English courts in Scotland) and section 29 of the Petty Sessions (Ireland) Act 1851 (c. 93) (which makes equivalent provision for execution in Northern Ireland) shall each apply to any process issued by a circuit judge under Schedule 1 to this Act as it applies to process issued by a magistrates’ court under the Magistrates’ Courts Act 1980 (c. 43).

(2) In section 120(5) of that Act (provisions extending to the United Kingdom), after the entry for section 6(3) of that Act there shall be inserted—

section 9(2A);

(3) Section 27 of the Petty Sessions (Ireland) Act 1851 (which includes provision for the execution of process of Northern Ireland courts in other places) shall apply to any process issued by a county court judge under Schedule 1 to the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12)) as it applies to a warrant mentioned in that section.

Part 4 — Police Training

The Central Police Training and Development Authority

Establishment of the Authority

87

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Functions of the Authority

88

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Setting of objectives by the Secretary of State

89

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The Authority’s annual objectives

90

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Setting of performance targets

91

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Training and development plans

92

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Inspections of the Authority

93

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Power to require reports from the Authority

94

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Annual reports

95

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Secretary of State’s duty to promote efficiency etc. of Authority

96

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Other provisions about training

Regulations for police forces

97

(1) The Secretary of State may make regulations as to—

(a) police training . . . ; and

(b) the qualifications for deployment to perform particular tasks of persons serving or employed for policing purposes in England and Wales.

(1A) If the College of Policing submits to the Secretary of State a draft of regulations under this section, the Secretary of State shall make regulations in terms of the draft unless the Secretary of State considers that—

(a) doing so would impair the efficiency or effectiveness of the police, or

(b) it would be unlawful to do so, or

(1B) The Secretary of State may not make regulations under this section unless the text of the regulations has been prepared or approved by the College of Policing.

(2) Without prejudice to the generality of subsection (1), regulations made by virtue of paragraph (a) of that subsection may make provision with respect to the curriculum for courses of training for persons serving or employed for policing purposes in England and Wales, including the evaluation, approval and manner of devising the curriculum, or any part of it.

(3) In relation to any matter as to which provision may be made by regulations under this section, the regulations may—

(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, local policing bodies, chief officers of police or other persons; or

(b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations.

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

(5) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In this section—

(a) references to the provision of police training are references to the provision of training and opportunities for professional development for persons serving or employed for policing purposes in England and Wales;

(b) references to the provision of training include references to the provision of assessment and examination services;

(c) references to a person serving or employed for policing purposes in England and Wales are references to a person who is—

(i) a member of a police force in England and Wales,

(ii) a special constable appointed under section 27 of the 1996 Act, ...

(iii) a person employed for the purposes of a police force in England and Wales or

(iv) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002.

Directions after inspection identifies training needs

98

(1) Where a report made to the Secretary of State on an inspection under section 54 of the 1996 Act (functions of inspectors of constabulary) contains recommendations in the case of any police force for the taking of measures relating to—

(a) the provision of training, or

(b) the provision of opportunities for professional development,

the Secretary of State may direct the local policing body responsible for maintaining that force to take such measures relating to those matters as may be specified in the direction.

(2) A local policing body shall comply with any direction given to it under this section.

Joint provision of training

99

For section 23(6) of the 1996 Act (collaboration agreements) there shall be substituted—

(6) In subsection (1)— (a) the reference to members of a police force includes a reference to special constables appointed for the area for which that force is maintained, and (b) the reference to police functions includes a reference to functions with respect to training and the provision of opportunities for professional development.

Supplemental provisions in relation to police training

Orders and regulations under Part 4

100

(1) Any power of the Secretary of State to make orders or regulations under this Part shall be exercisable by statutory instrument.

(2) Any order or regulations made by the Secretary of State under this Part may make different provision for different cases.

Interpretation of Part 4

101

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

(2) For the purposes of this Part the Commissioner of Police for the City of London shall be deemed to be a member of the City of London police force.

Consequential amendments relating to police training

102

The enactments specified in Schedule 4 (amendments consequential on the provisions of this Part) shall have effect with the amendments set out in that Schedule.

Transitional arrangements relating to Authority’s establishment etc.

103

(1) The Secretary of State may, in connection with the coming into force of any provision of this Part, by order make such transitional provision and savings (including provision modifying this Part) as he thinks fit.

(2) The Secretary of State may, for the purpose of facilitating the carrying out by the Authority of their functions or in connection with the coming into force of any provision of this Part, by order make such provision as he thinks fit—

(a) for the transfer and apportionment of property and for the transfer, apportionment and creation of rights and liabilities;

(b) for the transfer of members of police forces in England and Wales and other persons.

(3) An order under this section may—

(a) provide for the Secretary of State, or any other person nominated by or in accordance with the order, to determine any matter requiring determination under or in consequence of the order; and

(b) make provision as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (a).

(4) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part 5 — Police Organisation

Police authorities etc.

Vice-chairmen

104

(1) In Schedule 2 to the 1996 Act (police authorities outside London), after paragraph 9 there shall be inserted—

(9A) (1) At an annual meeting a police authority may appoint one or more vice-chairmen from among its members. (2) The making of appointments under sub-paragraph (1) shall be the first business transacted at the meeting after the appointment of the chairman. (3) Where a vice-chairman ceases to hold office at any time between annual meetings, a police authority may make an appointment to fill the vacancy at any meeting of the authority held more than fourteen days after the occurrence of the vacancy. (4) Subject to any standing orders made by a police authority, anything authorised or required to be done by, to or before their chairman may be done by, to or before any vice-chairman of the authority.

(2) In Schedule 2A to that Act (the Metropolitan Police Authority), after paragraph 6 there shall be inserted—

(6A) (1) At an annual meeting the Metropolitan Police Authority may appoint one or more vice-chairmen from among its members. (2) The making of appointments under sub-paragraph (1) shall be the first business transacted at the meeting after the appointment of the chairman. (3) Where a vice-chairman ceases to hold office at any time between annual meetings, the Metropolitan Police Authority may make an appointment to fill the vacancy at any meeting of the Authority held more than fourteen days after the occurrence of the vacancy. (4) Subject to any standing orders made by the Metropolitan Police Authority, anything authorised or required to be done by, to or before their chairman may be done by, to or before any vice-chairman of the authority.

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

(4) In the following provisions (tenure of office, eligibility for reappointment and validity of acts of chairman and members of police authorities etc.)—

(a) paragraphs 17(1) and 21 to 23 of Schedule 2 to the 1996 Act, and

(b) paragraphs 12(1) and 16 to 18 of Schedule 2A to that Act, . . .

after “chairman”, wherever it occurs, there shall be inserted “ or vice-chairman ”.

(5) In paragraph 24 of Schedule 2 to the 1996 Act, paragraph 19 of Schedule 2A to that Act and paragraph 16 of Schedule 2 to the 1997 Act (validity of acts)—

(a) after “of chairman”, in each case, there shall be inserted, “ by a vacancy for a vice-chairman ”; and

(b) after “as chairman”, in each case, there shall be inserted “ or vice-chairman ”.

(6) In paragraph 25 of Schedule 2 to the 1996 Act (allowances for members of police authorities)—

(a) in sub-paragraph (1), after “chairman” there shall be inserted “ , vice-chairmen ”; and

(b) in sub-paragraph (2), after “chairman,” there shall be inserted “ a vice-chairman, ”.

(7) In paragraph 20 of Schedule 2A to the 1996 Act (allowances for members of the Metropolitan Police Authority etc.)—

(a) in sub-paragraph (1), after “chairman” there shall be inserted “ , vice-chairmen ”; and

(b) in sub-paragraph (3), after “chairman,” there shall be inserted “ a vice-chairman, ”.

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

(9) In paragraph 6B(b) of Schedule 12 to the Local Government Act 1972 (c. 70) (persons to preside in the case of a police authority in the absence of the chairman), for the words from “another member” to “preside” there shall be substituted

the following person shall preside— (i) in a case in which only one vice-chairman is present at the meeting, that vice-chairman; (ii) in a case in which more than one vice-chairman is present at the meeting, the vice-chairman chosen by the members present; and (iii) in any other case, the member chosen by the members present;

Political balance on police authorities

105

(1) In paragraph 4(1) of Schedule 2 to the 1996 Act (balance of parties on council to be reflected in appointments to police authority), for the words from “the members for” onwards there shall be substituted

in the case of the members for whose appointment it is responsible, the proportion who are members of any given party— (a) where it is a council that is responsible for their appointment, is the same as the proportion of the members of the council who are members of that party; and (b) where it is a joint committee that is so responsible, is the same as the proportion of the members of the relevant councils taken as a whole who are members of that party.

(2) In paragraph 2(3) of Schedule 2A to that Act (which makes corresponding provision for the Metropolitan Police Authority), for the words from “the members for” onwards there shall be substituted “ in the case of the members of the Authority who are members of the London Assembly appointed under this paragraph, the proportion who are members of any given party is the same as the proportion of the members of the London Assembly who are members of that party ”.

Removal of age qualification for membership

106

(1) The following provisions (which disqualify persons of more than seventy years old from membership of police authorities etc. and from selection panels of police authorities) shall cease to have effect—

(a) paragraph 10 of Schedule 2 to the 1996 Act (police authorities outside London);

(b) paragraph 1(b) of Schedule 2 to the 1997 Act (service authorities for the National Crime Squad and the National Criminal Intelligence Service).

(2) Accordingly, in paragraphs 12 to 14 of Schedule 2 to the 1996 Act, for the words “paragraphs 10 and 11”, wherever they occur, there shall be substituted “ paragraph 11 ”.

Payment of allowances to authority members etc.

107

(1) In each of the following provisions (which provide for the members of certain authorities to be made such payments by way of reimbursement of expenses and allowances as the Secretary of State may determine), the words “and allowances” shall be omitted—

(a) paragraph 25(1) of Schedule 2 to the 1996 Act (police authorities outside London);

(b) paragraph 20(1) of Schedule 2A to that Act (the Metropolitan Police Authority);

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