Police Reform Act 2002

1. Introductory Text

2. Part 1 Powers of the Secretary of State

   1. 1. National Policing Plan

   2. 2. Codes of practice for chief officers

   3. 3. Powers to require inspection and report

   4. 4. Directions to police authorities

   5. 5. Directions as to action plans

   6. 6. Regulation of equipment

   7. 7. Regulation of procedures and practices

   8. 8. Equivalent provision for NCIS and NCS

3. Part 2 Complaints and Misconduct

   1. The Independent Police Complaints Commission

      1. 9. The Independent Police Complaints Commission

      2. 10. General functions of the Commission

      3. 11. Reports to the Secretary of State

   2. Application of Part 2

      1. 12. Complaints, matters and persons to which Part 2 applies

   3. Handling of complaints , conduct matters and DSI matters etc.

      1. 13. Handling of complaints, conduct matters and DSI matters etc.

      2. 14. Direction and control matters

   4. Co-operation, assistance and information

      1. 15. General duties of local policing bodies, chief officers and inspectors

      2. 16. Payment for assistance with investigations

      3. 16A. Investigations: National Policing Improvement Agency involvement

      4. 17. Provision of information to the Commission

      5. 18. Inspections of police premises on behalf of the Commission

      6. 19. Use of investigatory powers by or on behalf of the Commission

      7. 20. Duty to keep the complainant informed

      8. 21. Duty to provide information for other persons

   5. Guidance and regulations

      1. 22. Power of the Commission to issue guidance

      2. 23. Regulations

      3. 24. Consultation on regulations

   6. Conduct of persons in other forms of police service

      1. 25. NCIS and NCS

      2. 26. Forces maintained otherwise than by local policing bodies

      3. 26A. Serious Organised Crime Agency

      4. 26B. National Policing Improvement Agency

      5. 26C. The National Crime Agency

      6. 27. Conduct of the Commission’s staff

   7. Transitional provisions

      1. 28. Transitional arrangements connected with establishing the Commission etc.

      2. 28A. Application of Part 2 to old cases

   8. Interpretation of Part 2

      1. 29. Interpretation of Part 2

4. Part 3 Removal, suspension and disciplining of police officers

   1. Removal and suspension of senior officers

      1. 30. Resignation in the interests of efficiency and effectiveness

      2. 31. Procedural requirements for removal of senior officers

      3. 32. Suspension of senior officers

      4. 33. Removal etc. of senior officers at the instance of the Secretary of State

      5. 34. Regulations concerning procedure for removal of senior officers

   2. Disciplinary proceedings and protected disclosures

      1. 35. Disciplinary regulations for special constables

      2. 36. Conduct of disciplinary proceedings

      3. 37. Protected disclosures by police officers

5. Part 4 Police powers etc.

   1. Chapter 1 Exercise of police powers etc. by civilians

      1. 38. Police powers for civilian staff

      2. 38A. Standard powers and duties of community support officers

      3. 38B. Police powers for civilian employees under collaboration agreements

      4. 38C. Designations under section 38B: supplementary provision

      5. 39. Police powers for contracted-out staff

      6. 40. Community safety accreditation schemes

      7. 41. Accreditation under community safety accreditation schemes

      8. 41A. Accreditation of weights and measures inspectors

      9. 41B. Power to apply accreditation provisions

      10. 42. Supplementary provisions relating to designations and accreditations

      11. 43. Railway safety accreditation scheme

      12. 44. Removal of restriction on powers conferred on traffic wardens

      13. 45. Code of practice relating to chief officers’ powers under Chapter 1

      14. 46. Offences against designated and accredited persons etc.

      15. 47. Interpretation of Chapter 1

   2. Chapter 2 Provisions modifying and supplementing police powers

      1. Powers of arrest

         1. 48. Offences for which a person may be arrested without a warrant

         2. 49. Power of arrest in relation to failure to stop a vehicle

      2. Power to require name and address

         1. 50. Persons acting in an anti-social manner

      3. Persons in police detention

         1. 51. Independent custody visitors for places of detention

         2. 52. Detention reviews for detained persons who are asleep

         3. 53. Persons suspected of offences connected with transport systems

      4. Blood specimens

         1. 54. Persons authorised to take intimate samples from persons in police detention

         2. 55. Extension of role of health care professionals

         3. 56. Specimens taken from persons incapable of consenting

         4. 57. Use of specimens taken from persons incapable of consenting

         5. 58. Equivalent provision for offences connected with transport systems

      5. Seizure of motor vehicles

         1. 59. Vehicles used in manner causing alarm, distress or annoyance

         2. 60. Retention etc. of vehicles seized under section 59

      6. Anti-social behaviour

         1. 61. Anti-social behaviour orders

         2. 62. Power of Secretary of State to add to relevant authorities

         3. 63. Orders in county court proceedings

         4. 64. Orders on conviction in criminal proceedings

         5. 65. Interim orders

         6. 66. Consultation requirements

      7. Sex offenders

         1. 67. Sex offenders: England and Wales

         2. 68. Interim orders for sex offenders: England and Wales

         3. 69. Sex offender orders made in Scotland or Northern Ireland

         4. 70. Sex offenders: Scotland

         5. 71. Sex offender orders made in England and Wales or Northern Ireland

         6. 72. Sex offenders: Northern Ireland

         7. 73. Interim orders for sex offenders: Northern Ireland

         8. 74. Sex offender orders made in England and Wales or Scotland

      8. The British Transport Police

         1. 75. Removal of truants to designated places

         2. 76. Amendments to Part 3 of the Road Traffic Offenders Act 1988

      9. Property in possession of NCS

         1. 77. Application of the Police (Property) Act 1897 to NCS

6. Part 5 The Ministry of Defence Police

   1. 78. Ministry of Defence police serving with other forces

   2. 79. Disciplinary matters

   3. 80. Functions of inspectors of constabulary

   4. 81. Exemptions from firearms legislation

7. Part 6 Miscellaneous

   1. Appointment and attestation of police officers etc.

      1. 82. Nationality requirements applicable to police officers etc.

      2. 83. Attestation of constables

      3. 84. Delegation of functions in relation to senior appointments

      4. 85. Director General of NCIS

      5. 86. Police members of NCIS

      6. 87. Police members of NCS

      7. 88. Regulations for NCIS

      8. 89. Regulations for NCS

      9. 90. Supplementary provisions about police membership of NCIS

      10. 91. Supplementary provisions about police membership of NCS

   2. Bodies with functions in relation to the police

      1. 92. Police authorities to produce three-year strategy plans

      2. 93. Quorum for the Service Authorities under the 1997 Act

      3. 94. Expenses of members of police authorities etc.

      4. 95. Duties under the Health and Safety at Work etc. Act 1974

      5. 96. President of ACPO

      6. 97. Crime and disorder reduction partnerships

      7. 98. Secretary of State’s functions in relation to strategies

      8. 99. Power to modify functions and structure of PITO

      9. 100. Metropolitan Police Authority housing

      10. 101. Provision of goods and services by police authorities

   3. Liability for unlawful acts of constables etc.

      1. 102. Liability for wrongful acts of constables etc.

   4. International joint investigation teams

      1. 103. Liability in respect of members of teams

      2. 104. Assaults on members of teams

8. Part 7 Supplemental

   1. 105. Powers of Secretary of State to make orders and regulations

   2. 106. General interpretation

   3. 107. Consequential amendments and repeals

   4. 108. Short title, commencement and extent

9. SCHEDULES

   1. SCHEDULE 1

      1. 1. Introductory

      2. 2. Codes of Practice for Directors General

      3. 3. Directions to Service Authorities

      4. 4. Directions as to action plans

      5. 5. Procedure for giving directions

      6. 6. National Crime Squad equipment

      7. 7. Procedures and practices of the National Crime Squad

   2. SCHEDULE 2

      The Independent Police Complaints Commission

      1. 1. Chairman

      2. 2. Ordinary members of the Commission

      3. 3. Deputy Chairmen

      4. 4. Remuneration, pensions etc. of members

      5. 5. The Chief Executive

      6. 6. Staff

      7. 7. Superannuation and insurance

      8. 8. Liability for acts of seconded staff

      9. 9. Power of Commission to set up regional offices

      10. 10. Proceedings

      11. 11. The validity of any proceedings of the Commission or of...

      12. 12. Authentication of the Commission’s seal

      13. 13. Evidence of documents

      14. 14. Payments by the Secretary of State

      15. 15. Other receipts by the Commission

      16. 16. Borrowing

      17. 17. Accounts

      18. 18. Financial year of the Commission

   3. SCHEDULE 3

      Handling of Complaints and Conduct matters etc.

      1. Part 1 Handling of complaints

         1. Duties to preserve evidence relating to complaints

            1. 1. (1) Where a complaint is made about the conduct of...

         2. Initial handling and recording of complaints

            1. 2. (1) Where a complaint is made to the Commission, it...

         3. Failures to notify or record a complaint

            1. 3. (1) This paragraph applies where anything which is or purports...

         4. Reference of complaints to the Commission

            1. 4. (1) It shall be the duty of the appropriate authority...

         5. Duties of Commission on references under paragraph 4

            1. 5. (1) It shall be the duty of the Commission in...

         6. Handling of complaints by the appropriate authority

            1. 6. (1) This paragraph applies where a complaint has been recorded...

         7. Disapplication of requirements of Schedule

            1. 7. (1) If, in a case in which paragraph (6) applies,...

         8. Local resolution of complaints

            1. 8. (1) The arrangements made by the appropriate authority for subjecting...

         9. Appeals relating to complaints dealt with other than by investigation

            1. 8A. (1) The complainant shall have a right of appeal to...

      2. Part 2 Handling of conduct matters

         1. Conduct matters arising in civil proceedings

            1. 10. (1) This paragraph applies where— (a) a local policing body...

         2. Recording etc. of conduct matters in other cases

            1. 11. (1) This paragraph applies where— (a) a conduct matter comes...

         3. Duties to preserve evidence relating to conduct matters

            1. 12. (1) Where a recordable conduct matter that relates to the...

         4. Reference of conduct matters to the Commission

            1. 13. (1) It shall be the duty of a local policing...

         5. Duties of Commission on references under paragraph 13

            1. 14. (1) It shall be the duty of the Commission, in...

      3. Part 2A handling of death and serious injury (DSI) matters

         1. Duty to record DSI matters

            1. 14A. (1) Where a DSI matter comes to the attention of...

         2. Duty to preserve evidence relating to DSI matters

            1. 14B. (1) Where— (a) a DSI matter comes to the attention...

         3. Reference of DSI matters to the Commission

            1. 14C. (1) It shall be the duty of the appropriate authority...

         4. Duties of Commission on references under paragraph 14C

            1. 14D. (1) It shall be the duty of the Commission, in...

      4. Part 3 Investigations and subsequent proceedings

         1. Power of the Commission to determine the form of an investigation

            1. 15. (1) This paragraph applies where— (a) a complaint , recordable...

         2. Investigations by the appropriate authority on its own behalf

            1. 16. (1) This paragraph applies if the appropriate authority is required...

         3. Investigations supervised by the Commission

            1. 17. (1) This paragraph applies where the Commission has determined that...

         4. Investigations managed by the Commission

            1. 18. (1) This paragraph applies where the Commission has determined that...

         5. Investigations by the Commission itself

            1. 19. (1) This paragraph applies where the Commission has determined that...

         6. Special procedure where investigation relates to police officer or special constable

            1. 19A. Paragraphs 19B to 19E apply to investigations of complaints or...

         7. Assessment of seriousness of conduct under investigation

            1. 19B. (1) If, during the course of an investigation of a...

         8. Duty to consider submissions from person whose conduct is being investigated

            1. 19C. (1) This paragraph applies to— (a) an investigation of a...

         9. Interview of person whose conduct is being investigated

            1. 19D. (1) The Secretary of State may by regulations make provision...

         10. Duty to provide certain information to appropriate authority

             1. 19E. (1) This paragraph applies during the course of an investigation...

         11. Interview of persons serving with the police etc during certain investigations

             1. 19F. (1) This paragraph applies to an investigation of a complaint,...

         12. Restrictions on proceedings pending the conclusion of an investigation

             1. 20. (1) No criminal or disciplinary proceedings shall be brought in...

         13. Accelerated procedure in special cases

             1. 20A. (1) If, at any time before the completion of his...

         14. Investigations managed or carried out by Commission: action by appropriate authority

             1. 20B. (1) This paragraph applies where — (a) a statement and...

         15. Investigations managed or carried out by Commission: action by Commission

             1. 20C. (1) On receipt of a notification under paragraph 20B(6), the...

         16. Investigations managed or carried out by Commission: action by Commission

             1. 20D. (1) On receipt of a memorandum under paragraph 20B(7), the...

         17. Other investigations: action by appropriate authority

             1. 20E. (1) This paragraph applies where— (a) a statement and a...

         18. Other investigations: action by appropriate authority

             1. 20F. (1) If the appropriate authority certifies a case under paragraph...

         19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

             1. 20G.

         20. Special cases: recommendation or direction of Commission

             1. 20H. (1) Where the appropriate authority has submitted, or is required...

         21. Special cases: recommendation or direction of Commission

             1. 20I. (1) Where— (a) the Commission makes a recommendation under paragraph...

         22. Power ... to discontinue an investigation

             1. 21. (1) The Commission may by order require the discontinuance of...

         23. Procedure where conduct matter is revealed during investigation of DSI matter

             1. 21A. (1) If during the course of an investigation of a...

         24. Final reports on investigations: complaints, conduct matters and certain DSI matters

             1. 22. (1) This paragraph applies on the completion of an investigation...

         25. Action by the Commission in response to an investigation report under paragraph 22

             1. 23. (1) This paragraph applies where— (a) a report on an...

         26. Action by the appropriate authority in response to an investigation report under paragraph 22

             1. 24. (1) This paragraph applies where— (a) a report of an...

         27. Final reports on investigations: other DSI matters

             1. 24A. (1) This paragraph applies on the completion of an investigation...

         28. Action by the Commission in response to an investigation report under paragraph 24A

             1. 24B. (1) If the Commission determines under paragraph 24A(4) that the...

             2. 24C. (1) If the Commission determines under paragraph 24A(4) that there...

         29. Appeals ... with respect to an investigation

             1. 25. (1) This paragraph applies where a complaint has been subjected...

         30. Reviews and re-investigations following an appeal

             1. 26. (1) On a review under paragraph 25(8)(a) of the findings...

         31. Duties with respect to disciplinary proceedings

             1. 27. (1) This paragraph applies where, in the case of any...

         32. Information for complainant about disciplinary recommendations

             1. 28. (1) Where— (a) the Commission makes recommendations under paragraph 27...

         33. Minor definitions

             1. 29. In this Part of this Schedule— “ direction and control...

         34. Appeals: the relevant appeal body

             1. 30. (1) The relevant appeal body in relation to an appeal...

             2. 31. (1) This paragraph applies in a case where—

             3. 32. (1) This paragraph applies in a case where—

   4. SCHEDULE 4

      Powers exercisable by police civilians

      1. Part 1 Community Support Officers

         1. 1. Powers to issue fixed penalty notices

         2. 1ZA. (1) This paragraph applies if a designation applies it to...

         3. 1A. Power to require name and address

         4. 2. Power to detain etc.

         5. 2A. Powers to search individuals and to seize and retain items

         6. 3. Power to require name and address of person acting in an anti-social manner

         7. 3A. Power to require name and address: road traffic offences

         8. 4. Power to use reasonable force to detain person

         9. 4ZA. Where a designation applies this paragraph to any person, that...

         10. 4ZB. Where a designation applies this paragraph to any person, that...

         11. 4A. Power to disperse groups and remove young persons to their place of residence

         12. 4B. Power to disperse groups and remove young persons to their place of residence

         13. 4C. Power to remove truants and excluded pupils to designated premises etc.

         14. 5. Alcohol consumption in designated public places

         15. 5A. Power to serve closure notice for licensed premises persistently selling to children

         16. 6. Confiscation of alcohol

         17. 7. Confiscation of tobacco etc.

         18. 7A. Search and seizure powers: alcohol and tobacco

         19. 7B. Powers to seize and detain: controlled drugs

         20. 7C. Powers to seize and detain: controlled drugs

         21. 7D. Park Trading offences

         22. 8. Entry to save life or limb or prevent serious damage to property

         23. 8A. Entry to investigate licensing offences

         24. 9. Seizure of vehicles used to cause alarm etc.

         25. 10. Abandoned vehicles

         26. 11. Power to stop vehicle for testing

         27. 11A. Power to stop cycles

         28. 11B. Power to control traffic for purposes other than escorting a load of exceptional dimensions

         29. 12. Power to control traffic for purposes of escorting a load of exceptional dimensions

         30. 13. Carrying out of road checks

         31. 13A. Power to place traffic signs

         32. 14. Cordoned areas

         33. 15. Power to stop and search vehicles etc. in authorised areas

         34. 15ZA. Photographing of persons arrested, detained or given fixed penalty notices

         35. 15A. Power to modify paragraph 1(2A)

      2. Part 2 Investigating Officers

         1. 16. Search warrants

         2. 16A. Where a designation applies this paragraph to any person—

         3. 16B. Where a designation applies this paragraph to any person, subsection...

         4. 17. Access to excluded and special procedure material

         5. 18. Entry and search after arrest

         6. 18A. Entry and search for evidence of nationality after arrest

         7. 19. General power of seizure

         8. 20. Access and copying in the case of things seized by constables

         9. 21. Arrest at a police station for another offence

         10. 22. Power to transfer persons into custody of investigating officers

         11. 22A. Powers in respect of detained persons

         12. 23. Power to require arrested person to account for certain matters

         13. 24. Extended powers of seizure

         14. 24A. Persons accompanying investigating officers

      3. Part 3 Detention Officers

         1. 25. Attendance at police station for fingerprinting

         2. 26. Non-intimate searches of detained persons

         3. 27. Searches and examinations to ascertain identity

         4. 27A. Searches of persons answering to live link bail

         5. 28. Intimate searches of detained persons

         6. 29. Fingerprinting without consent

         7. 30. Warnings about intimate samples

         8. 31. Non-intimate samples

         9. 32. Attendance at police station for the taking of a sample

         10. 33. Photographing persons in police detention

         11. 33A. Taking of impressions of footwear

         12. 33B. Powers in respect of detained persons

         13. 33C. Where a designation applies this paragraph to any person, he...

         14. 33D. Where a designation applies this paragraph to any person, he...

      4. Part 4 Escort Officers

         1. 34. Power to take an arrested person to a police station

         2. 35. Escort of persons in police detention

      5. Part 4A

         1. 35A. Exercise of functions of custody officers

         2. 35B. Powers in respect of detained persons

         3. 35C. Where a designation applies this paragraph to any person, he...

      6. Part 5 Interpretation of Schedule

         1. 36. (1) In this Schedule “the relevant police area”—

   5. SCHEDULE 5

      Powers exercisable by accredited persons

      1. 1. Power to issue fixed penalty notices

      2. 1A. (1) This paragraph applies to an accredited person whose accreditation...

      3. 2. Power to require giving of name and address

      4. 3. Power to require name and address of person acting in an anti-social manner

      5. 3A. Power to require name and address: road traffic offences

      6. 4. Alcohol consumption in designated public places

      7. 5. Confiscation of alcohol

      8. 6. Confiscation of tobacco etc.

      9. 7. Abandoned vehicles

      10. 8. Power to stop vehicle for testing

      11. 8A. Power to stop cycles

      12. 8B. Power to control traffic for purposes other than escorting a load of exceptional dimensions

      13. 9. Power to control traffic for purposes of escorting a load of exceptional dimensions

      14. 9ZA. Photographing of persons given fixed penalty notices

      15. 9A. Power to modify paragraph 1(2A)

      16. 10. Meaning of “relevant police area”

   6. SCHEDULE 5A

      Powers exercisable by accredited inspectors

      1. 1. Power to issue fixed penalty notices

      2. 2. Power to require giving of name and address

      3. 3. Photographing of persons given fixed penalty notices

      4. 4. Interpretation

   7. SCHEDULE 6

   8. SCHEDULE 7

      Minor and Consequential Amendments

      1. 1. Police (Scotland) Act 1967

      2. 2. Superannuation Act 1972

      3. 3. Juries Act 1974

      4. 4. Rehabilitation of Offenders Act 1974

      5. 5. House of Commons Disqualification Act 1975

      6. 6. Northern Ireland Assembly Disqualification Act 1975

      7. 7. The Police Pensions Act 1976

      8. 8. Rehabilitation of Offenders (Northern Ireland) Order 1978

      9. 9. The 1984 Act

      10. 10. Prosecution of Offences Act 1985

      11. 11. Road Traffic Act 1988

      12. 12. In section 183(1) of the Road Traffic Act 1988 (application...

      13. 13. Aviation and Maritime Security Act 1990

      14. 14. The 1996 Act

      15. 15. In section 54 of the 1996 Act (appointment and functions...

      16. 16. (1) Section 62 of that Act (consultation on terms and...

      17. 17. In section 63(3) of that Act (consultation with Police Advisory...

      18. 18. In section 87 of that Act (guidance concerning disciplinary proceedings),...

      19. 19. (1) In subsection (1) of section 97 of that Act...

      20. 20. Justices of the Peace Act 1997

      21. 21. The 1997 Act

      22. 22. Police (Northern Ireland) Act 1998

      23. 23. Freedom of Information Act 2000

      24. 24. Criminal Justice and Police Act 2001

   9. SCHEDULE 8

      Repeals