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Version Superseded: 08/11/2007
Point in time view as at 24/07/2006.
Police and Criminal Evidence Act 1984,
Part XI is up to date with all changes known to be in force on or before 17 August 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.
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Modifications etc. (not altering text)
C1Pt. XI incorporated (E.W.S.) (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52
(1)The Secretary of State may by order direct that any provision of [F1Part 5 of this Act (or Part 11 of this Act so far as relating to that Part)] which relates to investigations of offences conducted by police officers or to persons detained by the police shall apply, subject to such modifications as he may specify, to investigations of offences conducted under the M1Army Act 1955, the M2Air Force Act 1955 or the M3Naval Discipline Act 1957 or to persons under arrest under any of those Acts.
(2)Section 67(9) above shall not have effect in relation to investigations of offences conducted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.
(3)The Secretary of State shall issue a code of practice, or a number of such codes, for persons other than police officers who are concerned [F2with
(a)the exercise of the powers conferred by Part 2 of the Armed Forces Act 2001, or
(b)enquiries into offences under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.]
[F3(3A)In subsections (4) to (10), “code” means a code of practice under subsection (3).]
(4)Without prejudice to the generality of subsection (3) above, a code F4. . . may contain provisions, in connection with [F5the powers mentioned in subsection (3)(a) above or the enquiries mentioned in subsection (3)(b) above], as to the following matters—
(a)the tape-recording of interviews;
(b)searches of persons and premises; and
(c)the seizure of things found on searches.
[F6(5)The Secretary of State may at any time revise the whole or any part of a code.
(6)A code may be made, or revised, so as to—
(a)apply only in relation to one or more specified areas,
(b)have effect only for a specified period,
(c)apply only in relation to specified offences or descriptions of offender.
(7)The Secretary of State must lay a code, or any revision of a code, before Parliament.]
(8)A failure on the part of any person to comply with any provision of a code F7. . . shall not of itself render him liable to any criminal or civil proceedings except those to which this subsection applies.
(9)Subsection (8) above applies—
(a)to proceedings under any provision of the M4Army Act 1955 or the M5Air Froce Act 1955 other than section 70; and
(b)to proceedings under any provision of the M6Naval Discipline Act 1957 other than section 42.
(10)In all criminal and civil proceedings any F8. . . code shall be admissible in evidence and if any provision of F8. . . a code appears to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.
(11)In subsection (10) above “criminal proceedings” includes—
(a)proceedings in the United Kingdom or elsewhere before a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 F9. . .
(b)proceedings before the Courts-Martial Appeal Court; and
(c)proceedings before a Standing Civilian Court.
(12)Parts VII and VIII of this Act have effect for the purposes of proceedings—
(a)before a court-martial constituted under the M7Army Act 1955 or the M8Air Force Act 1955;
(b)before the Courts-Martial Appeal Court; and
(c)before a Standing Civilian Court,
subject to any modifications which the Secretary of State may by order specify.
(13)An order under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1Words in s. 113(1) substituted (30.9.2003) by 2001 c. 19, ss. 13(1)(2), 39(2) (with s. 16(7)); S.I. 2003/2268, art. 2
F2S. 113(3)(a)(b) and preceding word substituted (30.9.2003) for words in s. 113(3) by 2001 c. 19, ss. 13(1)(3), 39(2) (with s. 16(7)); S.I. 2003/2268, art. 2
F3S. 113(3A) inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 11(3), 336; S.I. 2004/81, art. 2(1)(2)(a)
F4Words in s. 113(4) repealed (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 1; S.I. 2004/81, art. 2(1)(2)(g)(i)
F5Words in s. 113(4) substituted (30.9.2003) by 2001 c. 19, ss. 13(1)(4), 39(2) (with s. 16(7)); S.I. 2003/2268, art. 2
F6S. 113(5)-(7) substituted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 11(4), 336; S.I. 2004/81, art. 2(1)(2)(a)
F7Words in s. 113(8) repealed (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 1; S.I. 2004/81, art. 2(1)(2)(g)(i)
F8Word in s. 113(10) repealed (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 1; S.I. 2004/81, art. 2(1)(2)(g)(i)
F9Words in s. 113(11)(a) repealed (28.2.2002) by 2001 c. 19, s. 38, Sch. 7 Pt. I; S.I. 2002/345, art. 2 (subject to art. 3)
Modifications etc. (not altering text)
C2S. 113(12) applied (with modifications) (2.10.2000) by S.I. 2000/2370, rule 27(1)(e)(2)
S. 113(12) applied (with modifications) (2.10.2000) by S.I. 2000/2371, rule 27(1)(d)(2)
S. 113(12) applied (with modifications) (2.10.2000) by S.I. 2000/2372, rule 27(1)(d)(2)
Marginal Citations
(1)“Arrested”, “arresting”, “arrest” and “to arrest” shall respectively be substituted for “detained”, “detaining”, “detention” and “to detain” wherever in the customs and excise Acts, as defined in section 1(1) of the M9Customs and Excise Management Act 1979, those words are used in relation to persons.
(2)The Treasury may by order direct—
(a)that any provision of this Act which relates to investigations of offences conducted by police officers or to persons detained by the police shall apply, subject to such modifications as the order may specify, to investigations conducted by officers of Customs and Excise of offences which relate to assigned matters, as defined in section 1 of the Customs and Excise Management Act 1979, or to persons detained by officers of Customs and Excise; and
(b)that, in relation to investigations of offences conducted by officers of Customs and Excise—
(i)this Act shall have effect as if the following section were inserted after section 14—
Material in the possession of a person who acquired or created it in the course of any trade, business, profession or other occupation or for the purpose of any paid or unpaid office and which relates to an assigned matter, as defined in section 1 of the Customs and Excise Management Act 1979, is neither excluded material nor special procedure material for the purposes of any enactment such as is mentioned in section 9(2) above.”; and
(ii)section 55 above shall have effect as if it related only to things such as are mentioned in subsection (1)(a) of that section.
(3)Nothing in any order under subsection (2) above shall be taken to limit any powers exercisable under section 164 of the M10Customs and Excise Management Act 1979.
(4)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)An order under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F10S. 114(4) repealed (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 52, 53(1), Sch. 4 para. 31, Sch. 5; S.I. 2005/1126, art. 2(2)(h)(i)
Modifications etc. (not altering text)
C3S. 114 excluded (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 16, 53(1), Sch. 2 Pt. 1 para. 7; S.I. 2005/1126, art. 2(2)(d)
C4S. 114(2) extended (1.4.2003) by 2001 c. 16, ss. 67, 138(2); S.I. 2003/708, art. 2(c)
Marginal Citations
(1)The Secretary of State may by order direct that—
(a)the provisions of Schedule 1 to this Act so far as they relate to special procedure material, and
(b)the other provisions of this Act so far as they relate to the provisions falling within paragraph (a) above,
shall apply, with such modifications as may be specified in the order, for the purposes of investigations falling within subsection (2) as they apply for the purposes of investigations of offences conducted by police officers.
(2)An investigation falls within this subsection if—
(a)it is conducted by an officer of the department of the Secretary of State for Trade and Industry or by another person acting on that Secretary of State’s behalf;
(b)it is conducted by that officer or other person in the discharge of a duty to investigate offences; and
(c)the investigation relates to [F12an indictable offence] or to anything which there are reasonable grounds for suspecting has involved the commission of [F12an indictable offence] .
(3)The investigations for the purposes of which provisions of this Act may be applied with modifications by an order under this section include investigations of offences committed, or suspected of having been committed, before the coming into force of the order or of this section.
(4)An order under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
Textual Amendments
F12Words in s. 114A(2)(c) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(11); S.I. 2005/3495, art. 2(1)(m)
Any expenses of a Minister of the Crown incurred in consequence of the provisions of this Act, including any increase attributable to those provisions in sums payable under any other Act, shall be defrayed out of money provided by Parliament.
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F13S. 116 repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 174, 178, Sch. 7 Pt. 3 para. 43(12), Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(m)(t)(u)(xxiv)
Modifications etc. (not altering text)
C5S. 116 applied (1.11.1999) by 1999 c. 8, s. 24(10)(a); S.I. 1999/2793, art. 2(1)(b), Sch. 2
Where any provision of this Act—
(a)confers a power on a constable; and
(b)does not provide that the power may only be exercised with the consent of some person, other than a police officer,
the officer may use reasonable force, if necessary, in the exercise of the power.
Modifications etc. (not altering text)
C6S. 117 applied (with modifications) (1.1.1986) by S.I. 1985/1882, art. 11;
S. 117 applied (with modifications) (1.2.1997) by S.I. 1997/15, art. 2(1), Sch.
S. 117 applied (with modifications) (31.12.2006) by The Police and Criminal Evidence Act 1984 (Application to the Armed Forces) Order 2006 (S.I. 2006/2015), arts. 2, 3, Schs. 1-3
(1)In this Act—
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F15[F16“British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);]
“designated police station” has the meaning assigned to it by section 35 above;
“document” [F17means anything in which information of any description is recorded.];
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“item subject to legal privilege” has the meaning assigned to it by section 10 above;
“parent or guardian” means—
“premises” has the meaning assigned to it by section 23 above;
“recordable offence” means any offence to which regulations under section 27 above apply;
“vessel” includes any ship, boat, raft or other apparatus constructed or adapted for floating on water.
(2)[F20Subject to subsection (2A)] a person is in police detention for the purposes of this Act if—
[F21(a)he has been taken to a police station after being arrested for an offence or after being arrested under section 41 of the Terrorism Act 2000, or]
(b)he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it,
and is detained there or is detained elsewhere in the charge of a constable, except that a person who is at a court after being charged is not in police detention for those purposes.
[F22(2A)Where a person is in another’s lawful custody by virtue of paragraph 22, 34(1) or 35(3) of Schedule 4 to the Police Reform Act 2002, he shall be treated as in police detention.]]
Extent Information
E1For the extent of this Act see s. 120(11)
Textual Amendments
F14S. 118(1): definition of "arrestable offence" repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 174(2), 178, Sch. 7 Pt. 1 para. 24(2), Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(m)(t)(u)(xxiv)
F15S. 118(1): definition of "British Transport Police Force" ceased to have effect (1.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 73, 120, Sch. 5 para. 4(1)(b)(2) (with s. 72); S.I. 2004/1572, art. 3(ddd)(jjj)
F17Words in definition of "document" in s. 118(1) substituted (31.1.1997) by 1995 c. 38, s. 15(1), Sch. 1 para. 9(3) (with ss. 1(3), 6(4)(5), 14); S.I. 1996/3217, art. 2
F18Definition of "intimate search" in s. 118(1) repealed (10.4.1995) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1995/721, art. 2, Sch. Appendix B
F19In s. 118, paragraph (b) of definition and the word immediately preceding it repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F20Words in s. 118(2) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 107, Sch. 7 para. 9(9); S.I. 2002/2750, art. 2(b)(ii)
F21S. 118(2)(a) substituted (19.2.2001) by 2000 c. 11, s. 125(1), Sch. 15 para. 5(12); S.I. 2001/421, art. 2
F22S. 118(2A) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 107, Sch. 7 para. 9(9); S.I. 2002/2750, art. 2(b)(ii)
Modifications etc. (not altering text)
C7S. 118 applied with modifications by S.I. 1985/1882, arts. 3, 10
C8S. 118 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 73, 120, Sch. 5 para. 4(1)(a)(2) (with s. 72); S.I. 2004/1572, art. 3(ddd)(jjj)
(1)The enactments mentioned in Schedule 6 to this Act shall have effect with the amendments there specified.
(2)The enactments mentioned in Schedule 7 to this Act (which include enactments already obsolete or unnecessary) are repealed to the extent specified in the third column of that Schedule.
(3)The repeals in Parts II and IV of Schedule 7 to this Act have effect only in relation to criminal proceedings.
(1)Subject to the following provisions of this section, this Act extends to England and Wales only.
(2)The following extend to Scotland only—
section 108(4) and (5);
section 110;
section 111;
section 112(1); and
section 119(2), so far as it relates to the provisions of the M11Pedlars Act 1871 repealed by Part VI of Schedule 7.
(3)The following extend to Northern Ireland only—
section 6(4); and
section 112(2).
(4)The following extend to England and Wales and Scotland—
section 6(1) and (2);
section 7;
section 83(2), so far as it relates to paragraph 8 of Schedule 4;
section 108(1) and (6);
section 109; and
section 119(2), so far as it relates to section 19 of the M12Pedlars Act 1871.
(5)The following extend to England and Wales, Scotland and Northern Ireland—
section 6(3);
[F23section 9(2A);]
section 83(2), so far as it relates to paragraph 7(1) of Schedule 4; and
section 114(1).
(6)So far as they relate to proceedings before courts-martial and Standing Civilian Courts, the relevant provisions extend to any place at which such proceedings may be held.
(7)So far as they relate to proceedings before the Courts-Martial Appeal Court, the relevant provisions extend to any place at which such proceedings may be held.
(8)In this section “the relevant provisions” means—
(a)subsection (11) of section 67 above;
(b)subsection (12) of that section so far as it relates to subsection (11);
(c)Parts VII and VIII of this Act, except paragraph 10 of Schedule 3;
(d)subsections (2) and (8) to (12) of section 113 above; and
(e)subsection (13) of that section, so far as it relates to an order under subsection (12).
(9)Except as provided by the foregoing provisions of this section, section 113 above extends to any place to which the M13Army Act 1955, the M14Air Force Act 1955 or the M15Naval Discipline Act 1957 extends.
F24(9A)Section 119(1), so far as it relates to any provision amended by Part II of Schedule 6, extends to any place to which that provision extends.
(10)Section 119(2), so far as it relates—
(a)to any provision contained in—
the M16Army Act 1955;
the M17Air Force Act 1955;
the M18Armed Forces Act 1981; or
the M19Value Added Tax Act 1983;
(b)to any provision mentioned in Part VI of Schedule 7, other than section 18 of the M20Pedlars Act 1871,
extends to any place to which that provision extends.
(11)So far as any of the following—
section 115;
in section 118, the definition of “document”;
this section;
section 121; and
section 122,
has effect in relation to any other provision of this Act, it extends to any place to which that provision extends.
Textual Amendments
F23Words in s. 120(5) inserted (1.8.2001) by 2001 c. 16, s. 86(2); S.I. 2001/2223, art. 3(e)
F24S. 120(9A) re-numbered from subsection (9) by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(1), Sch. 15 para. 101
Marginal Citations
(1)This Act, except section 120 above, this section and section 122 below, shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions and for different purposes.
(2)Different days may be appointed under this section for the coming into force of section 60 above in different areas.
(3)When an order under this section provides by virtue of subsection (2) above that section 60 above shall come into force in an area specified in the order, the duty imposed on the Secretary of State by that section shall be construed as a duty to make an order under it in relation to interviews in that area.
(4)An order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into operation.
Subordinate Legislation Made
P1S. 121 power partly exercised by S.I.1991/2686
S. 121 power partly exercised (8.11.1992); 9.11.1992 appointed for specified provision by S.I. 1992/2802, art.2.
S. 121 power of appointment conferred by s. 121(1) previously exercised: S.I. 1984/2002, 1985/623, 1934
This Act may be cited as the Police and Criminal Evidence Act 1984.
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