The Crime and Security Act 2010 (Commencement No.3) Order 2011

Made: 14th February 2011

The Secretary of State makes the following Order in exercise of the powers conferred by section 59(1) of the Crime and Security Act 2010[^f00001]:

Citation

1

This Order may be cited as the Crime and Security Act 2010 (Commencement No.3) Order 2011.

Commencement

2

The day appointed for the coming into force of the following provisions in the Crime and Security Act 2010 is 7th March 2011—

• (a) section 1 (records of searches);

• (b) sections 2 to 5 (taking of fingerprints and samples: England and Wales);

• (c) section 6(1) (power to require attendance at a police station);

• (d) section 6(2), insofar as it inserts Schedule 2A, other than paragraphs 4 and 12, into the Police and Criminal Evidence Act 1984[^f00002];

• (e) section 6(3) and (4); and

• (f) section 7 (definition of “qualifying offence”).

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 1 of the Crime and Security Act 2010. Section 1 amends section 3 of the Police and Criminal Evidence Act 1984 (c.60). The amendment reduces the amount of information that must be recorded following a stop and search encounter.

On the same date, this Order brings into force sections 2 to 7 of the Act. These provisions amend Part 5 of the Police and Criminal Evidence Act 1984 (questioning and treatment of persons by police).

Section 2 confers enhanced powers to take fingerprints and DNA samples. Section 3 creates similar powers in relation to qualifying offences committed outside England and Wales. Section 4 specifies the information that must be given on the taking of the material. Section 5 enables the police to use these fingerprints or samples to conduct speculative searches. Section 6 (which is commenced in part only) confers a power to require attendance at a police station for the purpose of taking fingerprints or samples. Section 7 sets out which offences fall within the definition of “qualifying offence.”

Footnotes

[^f00001]: 2010 c.17.

[^f00002]: 1984 c.60.