The Criminal Procedure (Amendment No. 2) Rules 2024

Amendments to the Criminal Procedure Rules

14.  In Part 47 (Investigation orders and warrants), in Section 5: Orders for the retention of fingerprints, etc.—

(a) in rule 47.42 (When this Section applies)—

(i) in paragraph (a) before “a District Judge (Magistrates’ Courts)” insert “a magistrates’ court consisting of”,

(ii) at the end of paragraph (a)(i) omit “or”,

(iii) at the end of paragraph (a)(ii) for “and” substitute “or”,

(iv) after paragraph (a)(ii) insert—

“(iii) paragraph 20(6) or 25(9) of Schedule 6 to the National Security Act 2023(1); and”,

(v) at the end of paragraph (b)(i) omit “or”,

(vi) at the end of paragraph (b)(ii) insert “or”,

(vii) after paragraph (b)(ii) insert—

“(iii) paragraph 20(9) of Schedule 6 to the National Security Act 2023.”, and

(viii) in the note to the rule for “or under the Terrorism Act 2000(2)” substitute “, under the Terrorism Act 2000 or under the National Security Act 2023”;

(b) in rule 47.44 (Application to extend retention period)—

(i) at the end of paragraph (1)(a)(ii) omit “or”,

(ii) at the end of paragraph (1)(a)(iii) insert “or”,

(iii) after paragraph (1)(a)(iii) insert—

“(iv) under a power conferred by Schedule 6 to the National Security Act 2023 in relation to a person detained under section 27 of that Act(3);”,

(iv) in the second paragraph of the note to the rule omit “and”, in the second place it occurs, and after “Schedule 8 to the Terrorism Act 2000” insert “and by paragraphs 20(7) and 25(8) of Schedule 6 to the National Security Act 2023”,

(v) in the third paragraph of the note to the rule omit “and”, in the second place it occurs, and after “Schedule 8 to the 2000 Act” insert “and paragraphs 19 and 24 of Schedule 6 to the 2023 Act”,

(vi) in the fourth paragraph of the note to the rule in the first sentence omit “and”, in the first place it occurs, and after “Schedule 8 to the 2000 Act” insert “and paragraph 20 of Schedule 6 to the 2023 Act”,

(vii) in the fourth paragraph of the note to the rule for the second sentence substitute “Under section 63F(7) of the 1984 Act(4), paragraph 20B(5) of Schedule 8 to the 2000 Act(5) and paragraph 20(6) of Schedule 6 to the 2023 Act a chief officer of police to whom those provisions apply may apply for an order extending the statutory retention period of 3 years by up to another 2 years.”,

(viii) in the fifth paragraph of the note to the rule in the first sentence omit “and” and after “Schedule 8 to the 2000 Act” insert “and paragraph 25 of Schedule 6 to the 2023 Act”,

(ix) in the fifth paragraph of the note to the rule in the second sentence omit “and” and after “Schedule 8 to the 2000 Act” insert “and paragraph 25(6) of Schedule 6 to the 2023 Act”, and

(x) in the fifth paragraph of the note to the rule for the third sentence substitute “Under section 63R(9) of the 1984 Act(6), paragraph 20G(9) of Schedule 8 to the 2000 Act(7) and paragraph 25(9)(b) of Schedule 6 to the 2023 Act such an order may be renewed, on one or more occasions, for a further period of not more than 12 months from the end of the period when the order would otherwise cease to have effect.”; and

(c) in rule 47.45 (Appeal) in the note to the rule omit “and”, in the second place it occurs, and after “Schedule 8 to the Terrorism Act 2000” insert “and under paragraph 20(9) of Schedule 6 to the National Security Act 2023”.

(1)

2023 c. 32.

(2)

2000 c. 11.

(3)

2023 c. 32.

(4)

1984 c. 60; section 63F was inserted by section 3 of the Protection of Freedoms Act 2012 (c. 9) and amended by section 70 of the Policing and Crime Act 2017 (c. 3), paragraph 2 of Schedule 2 to the Counter-Terrorism and Border Security Act 2019 (c. 3) and paragraph 4 of Schedule 18 to the National Security Act 2023 (c. 32).

(5)

2000 c. 11; paragraph 20B of Schedule 8 was inserted by section 19 of, and paragraph 1 of Schedule 1 to, the Protection of Freedoms Act 2012 (c. 9) and amended by section 181 of, and paragraph 125 of Schedule 11 to, the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) and section 71 of the Policing and Crime Act 2017 (c. 3).

(6)

1984 c. 60; section 63R was inserted by section 14 of the Protection of Freedoms Act 2012 (c. 9).

(7)

2000 c. 11; paragraph 20G of Schedule 8 was inserted by section 19 of, and paragraph 1 of Schedule 1 to, the Protection of Freedoms Act 2012 (c. 9).