National Security Act 2023

Police and Criminal Evidence Act 1984 (c. 60) U.K.

4 (1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) In section 56 (right to have someone informed when arrested), in subsection (10), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”.

(3) In section 58 (right to consult a solicitor), in subsection (12), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”.

(4) In section 61 (fingerprinting), in subsection (9)(b), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”.

(5) In section 63F (retention of fingerprints and DNA profiles for persons arrested for or charged with a qualifying offence)—

(a) in subsections (5)(a) and (5A)(a), after “terrorism-related qualifying offence” insert “or a national security-related qualifying offence”;

(b) in subsection (11), in the appropriate place insert—

• ““national security-related qualifying offence” means—

  (a)

  an offence under section 18 of the National Security Act 2023 or for the time being listed in section 33(3)(a) of that Act, or

  (b)

  an ancillary offence, as defined in section 65A(5), relating to an offence for the time being listed in section 33(3)(a) of that Act,”.

(6) In section 63U (exclusions for certain regimes), after subsection (4A) insert—

“(4B) Sections 63D to 63T do not apply to material to which—

(a) Part 4 of Schedule 6 to the National Security Act 2023 applies, or

(b) paragraph 6 of Schedule 12 to that Act applies.”

(7) In section 65A(2) (meaning of “qualifying offence”), after paragraph (u) insert—

“(v) an offence under section 18 of the National Security Act 2023 or for the time being listed in section 33(3)(a) of that Act.”

Commencement Information

I1 Sch. 18 para. 4 not in force at Royal Assent, see 100(1)

I2 Sch. 18 para. 4 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(f)