Police and Criminal Evidence Act 1984

Part I Powers to Stop and Search

1 Power of constable to stop and search persons, vehicles etc.

2 Provisions relating to search under section 1 and other powers.

3 Duty to make records concerning searches.

5 Reports of recorded searches and of road checks.

6 Statutory undertakers etc.

7 Part I—supplementary

Part II Powers of Entry, Search and Seizure

Search warrants

8 Power of justice of the peace to authorise entry and search of premises.

9 Special provisions as to access.

10 Meaning of “items subject to legal privilege”.

11 Meaning of “excluded material”.

12 Meaning of “personal records”.

13 Meaning of “journalistic material”.

14 Meaning of “special procedure material”.

15 Search warrants—safeguards.

16 Execution of warrants.

Entry and search without search warrant

17 Entry for purpose of arrest etc.

18 Entry and search after arrest.

19 General power of seizure etc.

20 Extension of powers of seizure to computerised information.

21 Access and copying.

23 Meaning of “premises” etc.

Part III Arrest

24 Arrest without warrant: constables

24AArrest without warrant: other persons

25(1) Where a constable has reasonable grounds for suspecting that...

26 Repeal of statutory powers of arrest without warrant or order.

27 Fingerprinting of certain offenders.

28 Information to be given on arrest.

29 Voluntary attendance at police station etc.

30 Arrest elsewhere than at police station.

30ABail elsewhere than at police station

30BBail under section 30A: notices

30CBail under section 30A: supplemental

30CABail under section 30A: variation of conditions by police

30CBBail under section 30A: variation of conditions by court

30DFailure to answer to bail under section 30A

31 Arrest for further offence.

32 Search upon arrest.

33 Execution of warrant not in possession of constable.

Part IV Detention

Detention—conditions and duration

34 Limitations on police detention.

35 Designated police stations.

36 Custody officers at police stations.

37 Duties of custody officer before charge.

37BConsultation with the Director of Public Prosecutions

37CBreach of bail following release under section 37(7)(a)

37CABreach of bail following release under section 37(7)(b)

37DRelease on bail under section 37: further provision

38 Duties of custody officer after charge.

39 Responsibilities in relation to persons detained.

40 Review of police detention.

40A Use of telephone for review under s. 40

41 Limits on period of detention without charge.

42 Authorisation of continued detention.

43 Warrants of further detention.

44 Extension of warrants of further detention.

45 Detention before charge—supplementary.

Detention—miscellaneous

45A Use of video-conferencing facilities for decisions about detention

46 Detention after charge.

46ZAPersons granted live link bail

46A Power of arrest for failure to answer to police bail.

47 Bail after arrest.

47A Early administrative hearings conducted by justices’ clerks.

48 Remands to police detention.

49 Police detention to count towards custodial sentence.

50 Records of detention.

Part V Questioning and Treatment of Persons by Police

53 Abolition of certain powers of constables to search persons.

54 Searches of detained persons.

54A Searches and examination to ascertain identity

54BSearches of persons answering to live link bail

54CPower to retain articles seized

55Intimate searches

55AX-rays and ultrasound scans

56 Right to have someone informed when arrested.

57 Additional rights of children and young persons.

58 Access to legal advice.

59 Questioning and Treatment of Persons by Police

60 Tape-recording of interviews.

60A Visual recording of interviews

61Finger-printing.

61AImpressions of footwear

62 Intimate samples.

63Other samples.

63A Fingerprints and samples: supplementary provisions.

63AAInclusion of DNA profiles on National DNA Database

63ABNational DNA Database Strategy Board

63B Testing for presence of Class A drugs.

63C Testing for presence of Class A drugs: supplementary.

63DDestruction of fingerprints and DNA profiles

63ERetention of section 63D material pending investigation or proceedings

63FRetention of section 63D material: persons arrested for or charged with a qualifying offence

63GRetention of section 63D material by virtue of section 63F(5): consent of Commissioner

63HRetention of section 63D material: persons arrested for or charged with a minor offence

63IRetention of material: persons convicted of a recordable offence

63JRetention of material: persons convicted of an offence outside England and Wales

63KRetention of section 63D material: exception for persons under 18 convicted of first minor offence

63LRetention of section 63D material: persons given a penalty notice

63MRetention of section 63D material for purposes of national security

63NRetention of section 63D material given voluntarily

63ORetention of section 63D material with consent

63PRetention of 63D material in connection with different offence

63QDestruction of copies of section 63D material

63RDestruction of samples

63SDestruction of impressions of footwear

63TUse of retained material

63UExclusions for certain regimes

64 Destruction of fingerprints and samples.

64ZADestruction of samples

64ZBDestruction of data given voluntarily

64ZCDestruction of data relating to a person subject to a control order

64ZDDestruction of data relating to persons not convicted

64ZEDestruction of data relating to persons under 18 not convicted: recordable offences other than qualifying offences

64ZFDestruction of data relating to persons under 16 not convicted: qualifying offences

64ZGDestruction of data relating to persons aged 16 or 17 not convicted: qualifying offences

64ZHDestruction of data relating to persons under 18 convicted of a recordable offence other than a qualifying offence

64ZISections 64ZB to 64ZH: supplementary provision

64ZJDestruction of fingerprints taken under section 61(6A)

64ZKRetention for purposes of national security

64ZLRetention with consent

64ZMDestruction of copies, and notification of destruction

64ZNUse of retained material

64A Photographing of suspects etc.

65 Part V—supplementary.

65A “Qualifying offence”

65BPersons convicted of an offence”

Part VI Codes of Practice—General

66 Codes of practice.

67 Codes of practice—supplementary.

Part VII Documentary Evidence in Criminal Proceedings

68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69 Evidence from computer records.

70 Provisions supplementary to sections 68 and 69.

71 Microfilm copies.

72 Part VII—supplementary.

Part VIII Evidence in Criminal Proceedings—General

Convictions and acquittals

73 Proof of convictions and acquittals.

74 Conviction as evidence of commission of offence.

75 Provisions supplementary to section 74.

76 Confessions.

76AConfessions may be given in evidence for co-accused

77 Confessions by mentally handicapped persons.

78 Exclusion of unfair evidence.

79 Time for taking accused’s evidence.

80Competence and compellability of accused’s spouse or civil partner.

80ARule where accused’s spouse or civil partner not compellable.

81 Advance notice of expert evidence in Crown Court.

Part VIII—supplementary

82 Part VIII— interpretation.

Part IX Police Complaints and Discipline

The Police Complaints Authority

83 Establishment of the Police Complaints Authority.

Handling of complaints etc.

84 Preliminary.

85 Investigation of complaints: standard procedure.

86 Investigation of complaints against senior officers.

87 References of complaints to Authority.

88 References of other matters to Authority.

89 Supervision of investigations by Authority.

90 Steps to be taken after investigation—general.

91 Steps to be taken where accused has admitted charges.

92 Powers of Authority to direct reference of reports etc. to Director of Public Prosecutions.

93 Powers of Authority as to disciplinary charges.

94 Disciplinary tribunals.

95 Information as to the manner of dealing with complaints etc.

96 Constabularies maintained by authorities other than police authorities.

98 Restrictions on disclosure of information.

99 Regulations.

100 Regulations—supplementary.

Amendments of discipline provisions

101 Discipline regulations

102 Representation at disciplinary proceedings.

103 Disciplinary appeals.

104 Restrictions on subsequent proceedings.

105 Guidelines concerning discipline, complaints, etc.

Part X Police—General

106 Arrangements for obtaining the views of the community on policing.

107 Police officers performing duties of higher rank.

108 Deputy chief constables.

109 Amendments relating to Police Federations.

110 Functions of special constables in Scotland.

111 Regulations for Police Forces and Police Cadets—Scotland.

112 Metropolitan police officers.

Part XI Miscellaneous and Supplementary

113Application of Act to Armed Forces.

114Application of Act to Revenue and Customs

114A Power to apply Act to officers of the Secretary of State etc.

116 Meaning of “serious arrestable offence”.

117 Power of constable to use reasonable force.

118 General interpretation.

119 Amendments and repeals.

121 Commencement.

122 Short title.

SCHEDULE 1 Special Procedure

Making of orders by judge

1If on an application made by a constable a judge...

2The first set of access conditions is fulfilled if—

3The second set of access conditions is fulfilled if—

4An order under this paragraph is an order that the...

5Where the material consists of information stored in any electronic...

6For the purposes of sections 21 and 22 above material...

Notices of applications for orders

7An application for an order under paragraph 4 above that...

8Notice of an application for an order under paragraph 4...

9Notice of an application for an order under paragraph 4...

10For the purposes of paragraph 8 , and of section...

11Where notice of an application for an order under paragraph...

Issue of warrants by judge

12If on an application made by a constable a judge—...

12AThe judge may not issue an all premises warrant unless...

13A constable may seize and retain anything for which a...

14The further conditions mentioned in paragraph 12 (a)(ii) above are—...

15(1) If a person fails to comply with an order...

Procedural rules

15ACriminal Procedure Rules may make provision about proceedings under this...

16The costs of any application under this Schedule and of...

SCHEDULE 1A Specific offences which are arrestable offences

1Customs and Excise Acts

2Official Secrets Act 1920

2ZACriminal Justice Act 1925

2AWireless Telegraphy Act 1949

3Prevention of Crime Act 1953

4Sexual Offences Act 1956

5Obscene Publications Act 1959

5AFirearms Act 1968

6Theft Act 1968

6AMisuse of Drugs Act 1971

7Theft Act 1978

8Protection of Children Act 1978

9Wildlife and Countryside Act 1981

10An offence under— (a) section 1(5) of the Wildlife and...

11Civil Aviation Act 1982

11AAn offence of contravening a provision of an Order in...

12Aviation Security Act 1982

13Sexual Offences Act 1985

14Public Order Act 1986

15Criminal Justice Act 1988

16Road Traffic Act 1988

17An offence under subsection (4) of section 170 of the...

17AAn offence under section 174 of the Road Traffic Act...

18Official Secrets Act 1989

19Football Spectators Act 1989

20Football (Offences) Act 1991

21Criminal Justice and Public Order Act 1994

22Police Act 1996

23Protection from Harassment Act 1997

24Crime and Disorder Act 1998

25Criminal Justice and Police Act 2001

26Licensing Act 2003

27Sexual Offences Act 2003

27APrevention of Terrorism Act 2005

SCHEDULE 2AFingerprinting and samples: power to require attendance at police station

Part 1Fingerprinting

Persons arrested and released

1(1) A constable may require a person to attend a...

Persons charged etc

2(1) A constable may require a person to attend a...

Persons convicted etc of an offence in England and Wales

3(1) A constable may require a person to attend a...

Persons subject to a control order

4. . . . . . . . . ....

Persons convicted etc of an offence outside England and Wales

5A constable may require a person to attend a police...

Multiple attendance

6(1) Where a person's fingerprints have been taken under section...

Part 2Intimate samples

Persons suspected to be involved in an offence

7A constable may require a person to attend a police...

Persons convicted etc of an offence outside England and Wales

8A constable may require a person to attend a police...

Part 3Non-intimate samples

Persons arrested and released

9(1) A constable may require a person to attend a...

Persons charged etc

10(1) A constable may require a person to attend a...

Persons convicted etc of an offence in England and Wales

11(1) A constable may require a person to attend a...

Persons subject to a control order

12A constable may require a person to attend a police...

Persons convicted etc of an offence outside England and Wales

13A constable may require a person to attend a police...

Multiple exercise of power

14(1) Where a non-intimate sample has been taken from a...

Part 4General and supplementary

Requirement to have power to take fingerprints or sample

15A power conferred by this Schedule to require a person...

Date and time of attendance

16(1) A requirement under this Schedule— (a) must direct the...

17A constable may arrest without warrant a person who has...

Part I Provisions Supplementary to Section 68

1–7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II Provisions Supplementary to Section 69

8In any proceedings where it is desired to give a...

9Notwithstanding paragraph 8 above, a court may require oral evidence...

10Any person who in a certificate tendered under paragraph 8...

11In estimating the weight, if any, to be attached to...

12For the purposes of paragraph 11 above information shall be...

Part III Provisions Supplementary to Sections 68 and 69

13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14For the purpose of deciding whether or not a statement...

15Provision may be made by rules of court for supplementing...

Constitution of Authority

1(1) The Police Complaints Authority shall consist of a chairman...

Incorporation and status of Authority

2(1) The Authority shall be a body corporate.

3(1) Subject to the following provisions of this Schedule, a...

4The Secretary of State may pay, or make such payments...

5Where a person ceases to hold such an office otherwise...

6The Authority may, after consultation with the Secretary of State,...

7(1) Employment by the Authority shall be included among the...

8The Employers’ Liability (Compulsory Insurance) Act 1969 shall not require...

Power of Authority to set up regional offices

9(1) If it appears to the Authority that it is...

10(1) Subject to the provisions of this Act, the arrangements...

11The validity of any proceedings of the Authority shall not...

12The Secretary of State shall pay to the Authority expenses...

13(1) It shall be the duty of the Authority—

Part II Transitional

Information received by Police Complaints Board

14(1) No information received by the Police Complaints Board in...

Property, rights and liabilities

15(1) On the day on which section 83 above comes...

16Proceedings in any court to which the Police Complaints Board...

Payments to former members of Police Complaints Board

17Where a person— (a) ceases to be a member of...

18Paragraphs 14 to 17 above are without prejudice to the...

Part I Offences Mentioned in Section 116(2)(a)

6Incest with a girl under the age of 13.

7Buggery with a person under the age of 16.

8Indecent assault which constitutes an act of gross indecency.

9An offence under section 170 of the Customs and Excise...

Part II Offences Mentioned in Section 116(2)(b)

Explosive Substances Act 1883 (c. 3)

1Section 2 (causing explosion likely to endanger life or property)....

2Section 5 (intercourse with a girl under the age of...

Firearms Act 1968 (c. 27)

3Section 16 (possession of firearms with intent to injure).

4Section 17(1) (use of firearms and imitation firearms to resist...

5Section 18 (carrying firearms with criminal intent).

6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Taking of Hostages Act 1982 (c. 28)

7Section 1 (hostage-taking).

Aviation Security Act 1982 (c. 36)

8Section 1 (hi-jacking).

Criminal Justice Act 1988 (c. 33)

9Section 134 (Torture).

The Road Traffic Act 1988 (c. 52)

Section 1 (causing death by dangerous driving). Section 3A (causing...

Aviation and Maritime Security Act 1990 (c. 31)

11Section 1 (endangering safety at aerodromes).

12Section 9 (hijacking of ships).

13Section 10 (seizing or exercising control of fixed platforms).

Channel Tunnel (Security) Order 1994 No.

14Article 4 (hijacking of Channel Tunnel trains).

15Article 5 (seizing or exercising control of the tunnel system)....

Protection of Children Act 1978 (c. 37.)

16Section 1 (indecent photographs and pseudo-photographs of children).

Obscene Publications Act 1959 (c.66.)

17Section 2 (publication of obscene matter).

Sexual Offences Act 2003

18Section 1 (rape).

19Section 2 (assault by penetration).

20Section 4 (causing a person to engage in sexual activity...

21Section 5 (rape of a child under 13).

22Section 6 (assault of a child under 13 by penetration)....

23Section 8 (causing or inciting a child under 13 to...

25Section 31 (causing or inciting a person, with a mental...

Domestic Violence, Crime and Victims Act 2004

24Section 5 (causing or allowing the death of a child...

SCHEDULE 6 Minor and Consequential Amendments

Part I England and Wales

Game Act 1831 (c. 32)

1The following section shall be inserted after section 31 of...

Metropolitan Police Act 1839 (c. 47)

2In section 39 of the Metropolitan Police Act 1839 (fairs...

Railway Regulation Act 1840 (c. 97)

3In section 16 of the Railway Regulation Act 1840 (persons...

London Hackney Carriages Act 1843 (c. 86)

4In section 27 of the London Hackney Carriages Act 1843...

Town Gardens Protection Act 1863 (c. 13)

5In section 5 of the Town Gardens Protection Act 1863...

Parks Regulation Act 1872 (c. 15)

6The following section shall be substituted for section 5 of...

Dogs (Protection of Livestock) Act 1953 (c. 28)

7In the Dogs (Protection of Livestock) Act 1953 the following...

Army Act 1955 (c. 18)Air Force Act 1955 (c. 19)

8The following subsection shall be substituted for section 195(3) of...

Sexual Offences Act 1956 (c. 69)

9At the end of section 41 of the Sexual Offences...

Game Laws (Amendment) Act 1960 (c. 36)

10In subsection (1) of section 2 of the Game Laws...

11In subsection (1) of section 4 of that Act (enforcement...

Betting, Gaming and Lotteries Act 1963 (c. 2)

12The following subsection shall be substituted for subsection (2) of...

Deer Act 1963 (c. 36)

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police Act 1964 (c. 48)

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16. . . . . . . . . ....

Criminal Law Act 1967 (c. 58)

17The following subsection shall be inserted after section 4(1) of...

Theatres Act 1968 (c. 54)

18In section 15(1) of the Theatres Act 1968 (powers of...

Children and Young Persons Act 1969 (c. 54)

19In the Children and Young Persons Act 1969—

Immigration Act 1971 (c. 77)

20In section 25(3) of the Immigration Act 1971 for the...

Criminal Justice Act 1972 (c. 71)

21In subsection (1) of section 34 of the Criminal Justice...

Child Care Act 1980 (c. 5)

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Deer Act 1980 (c. 49)

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Animal Health Act 1981 (c. 22)

24In subsection (5) of section 60 of the Animal Health...

Wildlife and Countryside Act 1981 (c. 69)

25In subsection (2) of section 19 of the Wildlife and...

Mental Health Act 1983 (c. 20)

26In section 135(4) of the Mental Health Act 1983 for...

27. . . . . . . . . ....

Part II Other Amendments

Army Act 1955 (c. 18)

28(1) The Army Act 1955 shall be amended as follows....

Air Force Act 1955 (c. 19)

29(1) The Air Force Act 1955 shall be amended as...

Police (Scotland) Act 1967 (c. 77)

30In section 6(2) of the Police (Scotland) Act 1967 (constables...

31In section 7(1) of that Act (ranks) after the words...

32In section 26(7) of that Act (disciplinary authority) immediately before...

33In section 31(2) of that Act (compulsory retirement of chief...

Courts-Martial (Appeals) Act 1968 (c. 20)

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

House of Commons Disqualification Act 1975 (c. 24)Northern Ireland Assembly Disqualification Act 1975 (c. 25)

35In Part II of Schedule 1 to the House of...

Armed Forces Act 1976 (c. 52)

36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Customs and Excise Management Act 1979 (c. 2)

37The following subsection shall be substituted for section 138(4) of...

38In section 161 of that Act— (a) in subsection (3),...

Betting and Gaming Duties Act 1981 (c. 63)

39In the following provisions of the Betting and Gaming Duties...

Car Tax Act 1983 (c. 53)

40In paragraph 7(3) of Schedule 1 to the Car Tax...

Value Added Tax Act 1983 (c. 55)

41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7 Repeals

Part I Enactments Repealed in Consequence of Parts I to V

Part II Enactments Repealed in Relation to Criminal Proceedings in Consequence of Part VII

Part III Enactments Repealed Generally in Consequence of Part VII

Part IV Enactments Repealed in Relation to Criminal Proceedings in Consequence of Part VIII

Part V Enactments Repealed Generally in Consequence of Part VIII

Part VI Miscellaneous Repeals

Royal arms

Police and Criminal Evidence Act 1984

1984 CHAPTER 60

An Act to make further provision in relation to the powers and duties of the police, persons in police detention, criminal evidence, police discipline and complaints against the police; to provide for arrangements for obtaining the views of the community on policing and for a rank of deputy chief constable; to amend the law relating to the Police Federations and Police Forces and Police Cadets in Scotland; and for connected purposes.

[31st October 1984]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—