- Latest available (Revised)
- Original (As enacted)
Police and Criminal Evidence Act 1984, Section 3 is up to date with all changes known to be in force on or before 10 September 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Where a constable has carried out a search in the exercise of any such power as is mentioned in section 2(1) above, other than a search—
(a)under section 6 below; or
(b)under section 27(2) of the M1Aviation Security Act 1982, [F1a record of the search shall be made] in writing unless it is not practicable to do so.
[F2(2)If a record of a search is required to be made by subsection (1) above—
(a)in a case where the search results in a person being arrested and taken to a police station, the constable shall secure that the record is made as part of the person's custody record;
(b)in any other case, the constable shall make the record on the spot, or, if that is not practicable, as soon as practicable after the completion of the search.]
F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)The record of a search of a person or a vehicle—
(a)shall state—
(i)the object of the search;
(ii)the grounds for making it;
(iii)the date and time when it was made;
(iv)the place where it was made;
[F4(v)except in the case of a search of an unattended vehicle, the ethnic origins of the person searched or the person in charge of the vehicle searched (as the case may be); and;]
(b)shall identify the constable [F5who carried out the search].
[F6(6A)The requirement in subsection (6)(a)(v) above for a record to state a person's ethnic origins is a requirement to state—
(a)the ethnic origins of the person as described by the person, and
(b)if different, the ethnic origins of the person as perceived by the constable.]
(7)[F7If a record of a search of a person has been made under this section,] the person who was searched shall be entitled to a copy of the record if he asks for one before the end of the period specified in subsection (9) below.
(8)If—
(a)the owner of a vehicle which has been searched or the person who was in charge of the vehicle at the time when it was searched asked for a copy of the record of the search before the end of the period specified in subsection (9) below; and
[F8(b)a record of the search of the vehicle has been made under this section,]
the person who made the request shall be entitled to a copy.
(9)The period mentioned in subsections (7) and (8) above is the period of [F93 months] beginning with the date on which the search was made.
(10)The requirements imposed by this section with regard to records of searches of vehicles shall apply also to records of searches of vessels, aircraft and hovercraft.
Textual Amendments
F1Words in s. 3(1) substituted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 1(2), 59(1); S.I. 2011/414, art. 2(a)
F2S. 3(2) substituted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 1(3), 59(1); S.I. 2011/414, art. 2(a)
F3S. 3(3)-(5) repealed (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 1(4), 59(1); S.I. 2011/414, art. 2(a)
F4S. 3(6)(a)(v) substituted for s. 3(6)(a)(v)(vi) (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 1(5)(a), 59(1); S.I. 2011/414, art. 2(a)
F5Words in s. 3(6)(b) substituted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 1(5)(b), 59(1); S.I. 2011/414, art. 2(a)
F6S. 3(6A) inserted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 1(6), 59(1); S.I. 2011/414, art. 2(a)
F7Words in s. 3(7) substituted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 1(7), 59(1); S.I. 2011/414, art. 2(a)
F8S. 3(8)(b) substituted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 1(8), 59(1); S.I. 2011/414, art. 2(a)
F9Words in s. 3(9) substituted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 1(9), 59(1); S.I. 2011/414, art. 2(a)
Modifications etc. (not altering text)
C1S. 3(1)(2) applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(c), Sch.
C2S. 3(6)(6A) applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(c), Sch.
C3S. 3(7) applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(c), Sch.
C4S. 3(9) applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(c), Sch.
Marginal Citations
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?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
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?
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?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: