The Serious Organised Crime and Police Act 2005 (Commencement No.14) Order 2011

Made: 14th February 2011

The Secretary of State makes the following Order in exercise of the powers conferred by section 178(8) of the Serious Organised Crime and Police Act 2005[^f00001]:

Citation

1

This Order may be cited as the Serious Organised Crime and Police Act 2005 (Commencement No. 14) Order 2011.

Commencement

2

The following provisions of the Serious Organised Crime and Police Act 2005 shall come into force on 7th March 2011—

• (a) section 117(1) and (2) (fingerprints: amendments to section 61 of PACE);

• (b) section 117(4)(a) (fingerprints: amendments to section 61 of PACE);

• (c) section 117(5) (fingerprints: amendments to section 63A of PACE);

• (d) section 117(6) (so far as not already in force);

• (e) section 117(8) to (10) (fingerprints: amendments to section 63A of PACE); and

• (f) section 121(5)(a) (custody officers: amendments to PACE).

Signed

Nick Herbert — Minister of State — 14th February 2011

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force on 7th March 2011 section 117 of the Serious Organised Crime and Police Act 2005. Section 117 amends section 61 of the Police and Criminal Evidence Act 1984 (c.60). The amendment gives a police constable the power to take a person’s fingerprints without their consent where the person is unknown to the officer and their name cannot reasonably be ascertained, or where an officer has reasonable grounds for doubting the validity of the name given.

On the same date, this Order also brings into force section 121(5)(a) of the Act. This provision amends section 36 of the Police and Criminal Evidence Act 1984. The effect is that references to a custody officer in section 34 of PACE 1984 (limitations on police detention) include references to an officer other that a custody officer who is performing the functions of a custody officer. This means that officers who do not hold the rank of sergeant can perform the function of a custody officer in the context of limitations on police detention; namely they can order the release from custody of persons in detention in respect of whom the grounds for detention have ceased to apply.

Footnotes

[^f00001]: 2005 c.15.