The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017

Applicable provisions of PACE

3.  The provisions of PACE which apply for the purposes of regulation 2(1) are—

(a) section 1(1) to (3) and (6) (power of constable to stop and search persons, vehicles etc.)(1);

(b) section 2(1) to (3), (8) and (9) (provisions relating to search under section 1 and other powers);

(c) section 3(1), (2), (6), (6A), (7) and (9) (duty to make records concerning searches)(2);

(d) section 8(1) to (5) (power of justice of the peace to authorise entry and search of premises)(3);

(e) section 9(1) and Schedule 1 (special provisions as to access)(4);

(f) section 15 (search warrants - safeguards)(5);

(g) section 16 (execution of warrants)(6);

(h) section 17(1)(a)(i) and (b), (2) and (4) (entry for purpose of arrest etc.)(7);

(i) section 18 (entry and search after arrest)(8);

(j) section 19 (general power of seizure etc.)(9);

(k) section 20 (extension of powers of seizure to computerised information)(10);

(l) section 21(1) to (9) (access and copying)(11);

(m) section 22(1), (2)(a), (3), (4) and (7) (retention)(12);

(n) section 24(1)(b) and (d), (2) to (4) and (5)(a), (b), (c)(i) to (iii), (d), (e) and (f) (arrest without warrant: constables)(13);

(o) section 28 (information to be given on arrest);

(p) section 29 (voluntary attendance at police station etc.);

(q) section 30(1)(a), (1A), (1B) and (7) to (11) (arrest elsewhere than at police station)(14);

(r) section 32(1) to (9) (search upon arrest)(15);

(s) section 43 (warrants of further detention)(16);

(t) section 44 (extension of warrants of further detention)(17);

(u) section 77 (confessions by mentally handicapped persons)(18);

(v) section 117 (power of constable to use reasonable force); and

(w) sections 10 to 14, 23, 82 and 118 (interpretation provisions)(19), to the extent relevant to the sections mentioned in paragraphs (a) to (v).

(1)

Section 1 of PACE was amended by section 140 of the Criminal Justice Act 1988 (c. 33) and section 115 of the Serious Organised Crime and Police Act 2005 (c. 15) (“the SOCPA 2005”). Other amendments are not relevant to these Regulations.

(2)

Section 3 of PACE was amended by section 1 of the Crime and Security Act 2010 (c. 17).

(3)

Section 8 of PACE was amended by sections 113 and 114 of, and paragraph 43 of Schedule 7 to, the SOCPA 2005. Other amendments are not relevant to these Regulations.

(4)

Amendments to section 9 of PACE are not relevant to these regulations. Schedule 1 to PACE was amended by paragraph 14 of Schedule 2 to the Criminal Justice and Police Act 2001 (c. 16) (“the CJPA 2001”); section 113 of, paragraph 43 of Schedule 7 to, and Part 2 of Schedule 17 to, the SOCPA 2005; paragraph 11 of Schedule 2 to the Armed Forces Act 2011 (c. 18); and section 82 of the Deregulation Act 2015 (c. 20). Schedule 1 to PACE was also amended by paragraph 6 of Schedule 4 to the Courts Act 2003 (c. 39) and section 14 of the SOCPA, but those amendments are not yet in force.

(5)

Section 15 of PACE was amended by sections 113 and 114 of, and Part 2 of Schedule 17 to, the SOCPA 2005 and S.I. 2005/3496.

(6)

Section 16 of PACE was amended by paragraph 281 of Schedule 8 to the Courts Act 2003; section 2 of the Criminal Justice Act 2003 (c. 44) (“the CJA 2003”); sections 113 and 114 of the SOCPA 2005; and S.I. 2005/3496.

(7)

Section 17(1)(b) of PACE was amended by paragraph 43 of Schedule 7 to the SOCPA 2005. Other amendments are not relevant to these Regulations.

(8)

Section 18 of PACE was amended by paragraphs 1 and 2 of Schedule 1 to the CJA 2003, paragraph 43 of Schedule 7 to the SOCPA 2005 and section 53 of the Policing and Crime Act 2017 (c. 3) (“the PCA 2017”).

(9)

Section 19 of PACE was amended by paragraph 13 of Schedule 2 to the CJPA 2001.

(10)

Section 20 of PACE was amended by paragraph 13 of Schedule 2 to the CJPA 2001.

(11)

Section 21 of PACE was amended by paragraphs 1 and 3 of Schedule 1 to the CJA 2003. It was also amended by section 20(2) of the PCA 2017, but that amendment is not yet in force.

(12)

Section 22(7) of PACE was amended by paragraphs 1 and 4 of Schedule 1 to the CJA 2003. Other amendments are not relevant to these Regulations.

(13)

Section 24 of PACE was substituted by section 110 of the SOCPA 2005.

(14)

Section 30 of PACE was amended by section 4 of the CJA 2003, paragraphs 160 and 161 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13) and section 53 of the PCA 2017. Other amendments are not relevant to these Regulations.

(15)

Section 32 of PACE was amended by section 59 of the Criminal Justice and Public Order Act 1994 (c. 33) (the “CJPOA 1994”) and paragraph 43 of Schedule 7 to the SOCPA 2005. Other amendments are not relevant to these Regulations.

(16)

Section 43 of PACE was amended by section 29 of the CJPOA 1994, paragraph 43 of Schedule 7 to the SOCPA 2005 and sections 57, 65 and 67 of the PCA 2017.

(17)

Section 44 of PACE was amended by sections 57 and 67 of the PCA 2017.

(18)

Section 77 of PACE was amended by paragraph 38 of Schedule 7 to the Police Act 1996 (c. 16) and paragraph 48 of Schedule 36 to the CJA 2003.

(19)

Section 14 of PACE was amended by paragraph 193 of Schedule 1 to the Corporation Tax Act 2010 (c. 4). Section 23 of PACE was amended by section 103 of, and Part 1 of Schedule 23 to, the Energy Act 2004 (c. 20). Section 118 was amended by paragraph 9 of Schedule 1 to the Civil Evidence Act 1995 (c. 38); paragraph 5 of Schedule 15 to the Terrorism Act 2000 (c. 11); paragraph 9 of Schedule 7 to the Police Reform Act 2002 (c. 30); and paragraph 24 of Schedule 7, and Part 2 of Schedule 17, to the SOCPA 2005. Other amendments to section 118 are not relevant to these Regulations.