Criminal Justice and Public Order Act 1994

[F1 2 (1) Section 56 of the Police and Criminal Evidence Act 1984 (right to have someone informed when arrested) is modified as follows. U.K.

(2) Subsection (1) is to be read as if (instead of referring to the case where a person has been arrested and is being held in custody in a police station or other premises) it referred to the case where a person has been arrested under section 137A and is being detained under section 137C.

(3) Subsection (2)(a) does not apply.

(4) Subsection (2)(b) is to be read as if (instead of referring to an officer of at least the rank of inspector) it referred—

(a) in relation to delay during the period of 24 hours beginning with the time of the arrest under section 137A, to an officer of the investigating force of at least the rank of inspector;

(b) in relation to delay during any remaining period for which the person may be detained under section 137C, to an officer of the investigating force of a rank above that of inspector.

(5) Subsection (3) does not apply.

(6) The reference in subsection (5)(a) to an indictable offence is to be read as a reference to an offence that is an indictable offence under the law of England and Wales.

(7) Subsection (5A)(a) is to be read as if (instead of referring to the person detained for the indictable offence) it referred to the person detained under section 137C.

(8) Subsection (6)(b) is to be read as if (instead of referring to a person’s custody record) it referred to the record made by the arresting force in relation to the person’s arrest under section 137A and detention under section 137C.

(9) Subsection (8) is to be read as if (instead of referring to a person detained at a police station or other premises) it referred to a person detained under section 137C.]

Textual Amendments

F1 Sch. 7B inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 16; S.I. 2018/227, art. 2(g)