Search Legislation

Serious Organised Crime and Police Act 2005

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 116

 Help about opening options

Alternative versions:

Status:

Point in time view as at 27/04/2017.

Changes to legislation:

Serious Organised Crime and Police Act 2005, Section 116 is up to date with all changes known to be in force on or before 10 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

116Photographing of suspects etc.E+W

This section has no associated Explanatory Notes

(1)Section 64A of PACE (photographing of suspects etc.) is amended as follows.

(2)After subsection (1) insert—

(1A)A person falling within subsection (1B) below may, on the occasion of the relevant event referred to in subsection (1B), be photographed elsewhere than at a police station—

(a)with the appropriate consent; or

(b)if the appropriate consent is withheld or it is not practicable to obtain it, without it.

(1B)A person falls within this subsection if he has been—

(a)arrested by a constable for an offence;

(b)taken into custody by a constable after being arrested for an offence by a person other than a constable;

(c)made subject to a requirement to wait with a community support officer under paragraph 2(3) or (3B) of Schedule 4 to the Police Reform Act 2002 (“the 2002 Act”);

(d)given a penalty notice by a constable in uniform under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001, a penalty notice by a constable under section 444A of the Education Act 1996, or a fixed penalty notice by a constable in uniform under section 54 of the Road Traffic Offenders Act 1988;

(e)given a notice in relation to a relevant fixed penalty offence (within the meaning of paragraph 1 of Schedule 4 to the 2002 Act) by a community support officer by virtue of a designation applying that paragraph to him; or

(f)given a notice in relation to a relevant fixed penalty offence (within the meaning of paragraph 1 of Schedule 5 to the 2002 Act) by an accredited person by virtue of accreditation specifying that that paragraph applies to him.

(3)In subsection (4)(a), after “prosecution” insert “ or to the enforcement of a sentence ”.

(4)In subsection (5), after paragraph (b) insert ; and

(c)sentence” includes any order made by a court in England and Wales when dealing with an offender in respect of his offence.

(5)After subsection (6) insert—

(6A)In this section, a “photograph” includes a moving image, and corresponding expressions shall be construed accordingly.

Commencement Information

I1S. 116(1)(3)-(5) in force at 1.8.2005 by S.I. 2005/2026, art. 2(c)

I2S. 116(2) in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(o)

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?