The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes C, G and H) Order 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force revised codes of practice under section 66(1) of the Police and Criminal Evidence Act 1984, which will supersede the corresponding existing codes of practice issued under that section.

The amendments to Code C implement improvements and safeguards concerning the care and treatment of detainees and the right to legal advice. These amendments are mirrored in the amendments to Code H. The revisions to Code H also implement post-charge questioning which may be authorised under the Counter-Terrorism Act 2008 and reflect changes to terrorism detention provisions.

The amendments to Code G update the provisions and guidance on the exercise by police of their statutory power under section 24 of the Police and Criminal Evidence Act 1984 to arrest any person without warrant for any offence. These amendments clarify and emphasise the application of the statutory necessity criteria in section 24(5) of the Act and reflect a number of court judgments.

The codes of practice are published by the Stationery Office and copies may be obtained from its bookshops. The changes contained in the Codes brought into operation by this Order will be notified to the Stationery Office. The revised codes of practice will also be available on the Home Office website.