SCHEDULES
C1C2C3SCHEDULE 1 Special Procedure
Sch. 1 extended (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 7(1); S.I. 1991/1072, art. 2, Sch. Pt. I
Sch. 1 extended (17.5.1996) by S.I. 1996/1296, art. 16(1).
Sch. 1: power to apply conferred (30.9.2003) by 2001 c. 19, ss. 6(2), 39(2) (with s. 16(7)); S.I. 2003/2268, art. 2
Sch. 1 applied (with modifications) (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 para. 17(a)(b); S.I. 2002/2750, art. 2(a)(ii)(d)
Sch. 1 applied (with modifications) (14.10.2002) by The Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002 (S.I. 2002/2326), arts. 3, 4
Making of orders by circuit judge
1
If on an application made by a constable a circuit judge is satisfied that one or other of the sets of access conditions is fulfilled, he may make an order under paragraph 4 below.
2
The first set of access conditions is fulfilled if—
a
there are reasonable grounds for believing—
i
that a serious arrestable offence has been committed;
ii
that there is material which consists of special procedure material or includes special procedure material and does not also include excluded material on premises specified in the application;
iii
that the material is likely to be of substantial value (whether by itself or together with other material) to the investigation in connection with which the application is made; and
iv
that the material is likely to be relevant evidence;
b
other methods of obtaining the material—
i
have been tried without success; or
ii
have not been tried because it appeared that they were bound to fail; and
c
it is in the public interest, having regard—
i
to the benefit likely to accrue to the investigation if the material is obtained; and
ii
to the circumstances under which the person in possession of the material holds it,
that the material should be produced or that access to it should be given.
3
The second set of access conditions is fulfilled if—
a
there are reasonable grounds for believing that there is material which consists of or includes excluded material or special procedure material on premises specified in the application;
b
but for section 9(2) above a search of the premises for that material could have been authorised by the issue of a warrant to a constable under an enactment other than this Schedule; and
c
the issue of such a warrant would have been appropriate.
4
An order under this paragraph is an order that the person who appears to the circuit judge to be in possession of the material to which the application relates shall—
a
produce it to a constable for him to take away; or
b
give a constable access to it,
not later than the end of the period of seven days from the date of the order or the end of such longer period as the order may specify.
5
Where the material consists of information contained in a computer—
a
an order under paragraph 4(a) above shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and
b
an order under paragraph 4(b) above shall have effect as an order to give a constable access to the material in a form in which it is visible and legible.
6
For the purposes of sections 21 and 22 above material produced in pursuance of an order under paragraph 4(a) above shall be treated as if it were material seized by a constable.
Notices of applications for orders
7
An application for an order under paragraph 4 above shall be made inter partes.
8
Notice of an application for such an order may be served on a person either by delivering it to him or by leaving it at his proper address or by sending it by post to him in a registered letter or by the recorded delivery service.
9
Such a notice may be served—
a
on a body corporate, by serving it on the body’s secretary or clerk or other similar officer; and
b
on a partnership, by serving in on one of the partners.
10
For the purposes of this Schedule, and of section 7 of the M1Interpretation Act 1978 in its application to this Schedule, the proper address of a person, in the case of secretary or clerk or other similar officer of a body corporate, shall be that of the registered or principal office of that body, in the case of a partner of a firm shall be that of the principal office of the firm, and in any other case shall be the last known address of the person to be served.
11
Where notice of an application for an order under paragraph 4 above has been served on a person, he shall not conceal, destroy, alter or dispose of the material to which the application relates except—
a
with the leave of a judge; or
b
with the written permission of a constable,
until—
i
the application is dismissed or abandoned; or
ii
he has complied with an order under paragraph 4 above made on the application.
Issue of warrants by circuit judge
12
If on an application made by a constable a circuit judge—
a
is satisfied—
i
that either set of access conditions is fulfilled; and
ii
that any of the further conditions set out in paragraph 14 below is also fulfilled; or
b
is satisfied—
i
that the second set of access conditions is fulfilled; and
ii
that an order under paragraph 4 above relating to the material has not been complied with,
he may issue a warrant authorising a constable to enter and search the premises.
F112A
The judge may not issue an all premises warrant unless he is satisfied—
a
that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application, as well as those which are, in order to find the material in question; and
b
that it is not reasonably practicable to specify all the premises which he occupies or controls which might need to be searched.
13
A constable may seize and retain anything for which a search has been authorised under paragraph 12 above.
14
The further conditions mentioned in paragraph 12 (a)(ii) above are—
a
that it is not practicable to communicate with any person entitled to grant entry to the premises to which the application relates;
b
that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the material;
c
that the material contains information which—
i
is subject to a restriction or obligation such as is mentioned in section 11(2)(b) above; and
ii
is likely to be disclosed in breach of it if a warrant is not issued;
d
that service of notice of an application for an order under paragraph 4 above may seriously prejudice the investigation.
15
1
If a person fails to comply with an order under paragraph 4 above, a circuit judge may deal with him as if he had committed a contempt of the Crown Court.
2
Any enactment relating to contempt of the Crown Court shall have effect in relation to such a failure as if it were such a contempt.
Costs
16
The costs of any application under this Schedule and of anything done or to be done in pursuance of an order made under it shall be in the discretion of the judge.
F51SCHEDULE 1A Specific offences which are arrestable offences
Sch. 1A inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 48, Sch. 6; S.I. 2002/2306, art. 2(d)(iv)
1Customs and Excise Acts
An offence for which a person may be arrested under the customs and excise Acts (within the meaning of the Customs and Excise Management Act 1979 (c. 2)).
2Official Secrets Act 1920
An offence under the Official Secrets Act 1920 (c. 75) which is not an arrestable offence by virtue of the term of imprisonment for which a person may be sentenced in respect of them.
2ZAF47Criminal Justice Act 1925
An offence under section 36 of the Criminal Justice Act 1925 (untrue statement for procuring a passport).
2AF49Wireless Telegraphy Act 1949
An offence mentioned in section 14(1) of the Wireless Telegraphy Act 1949 (offences under that Act which are triable either way).
3Prevention of Crime Act 1953
An offence under section 1(1) of the Prevention of Crime Act 1953 (c. 14) (prohibition of carrying offensive weapons without lawful authority or excuse).
F554F55...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5Obscene Publications Act 1959
An offence under section 2 of the Obscene Publications Act 1959 (c. 66) (publication of obscene matter).
5AF48Firearms Act 1968
An offence under section 19 of the Firearms Act 1968 (carrying firearm or imitation firearm in public place) in respect of an air weapon or imitation firearm.
6Theft Act 1968
An offence under—
a
section 12(1) of the Theft Act 1968 (c. 60) (taking motor vehicle or other conveyance without authority etc.); or
b
section 25(1) of that Act (going equipped for stealing etc.).
6AF45Misuse of Drugs Act 1971
An offence under section 5(2) of the Misuse of Drugs Act 1971 (having possession of a controlled drug) in respect of cannabis or cannabis resin (within the meaning of that Act).
7Theft Act 1978
An offence under section 3 of the Theft Act 1978 (c. 31) (making off without payment).
8Protection of Children Act 1978
An offence under section 1 of the Protection of Children Act 1978 (c. 37) (indecent photographs and pseudo-photographs of children).
Wildlife and Countryside Act 1981
9
An offence under section 1(1) or (2) or 6 of the Wildlife and Countryside Act 1981 (c. 69) (taking, possessing, selling etc. of wild birds) in respect of a bird included in Schedule 1 to that Act or any part of, or anything derived from, such a bird.
10
An offence under—
a
section 1(5) of the Wildlife and Countryside Act 1981 (disturbance of wild birds);
b
section 9 or 13(1)(a) or (2) of that Act (taking, possessing, selling etc. of wild animals or plants); or
c
section 14 of that Act (introduction of new species etc.).
11Civil Aviation Act 1982
An offence under section 39(1) of the Civil Aviation Act 1982 (c. 16) (trespass on aerodrome).
F5011A
An offence of contravening a provision of an Order in Council under section 60 of that Act (air navigation order) where the offence relates to—
a
a provision which prohibits specified behaviour by a person in an aircraft towards or in relation to a member of the crew, or
b
a provision which prohibits a person from being drunk in an aircraft, in so far as it applies to passengers.
12Aviation Security Act 1982
An offence under section 21C(1) or 21D(1) of the Aviation Security Act 1982 (c. 36) (unauthorised presence in a restricted zone or on an aircraft).
13Sexual Offences Act 1985
An offence under section 1 of the Sexual Offences Act 1985 (c. 44) (kerb-crawling).
14Public Order Act 1986
An offence under section 19 of the Public Order Act 1986 (c. 64) (publishing etc. material likely to stir up racial or religious hatred).
15Criminal Justice Act 1988
An offence under—
a
section 139(1) of the Criminal Justice Act 1988 (c. 33) (offence of having article with a blade or point in public place); or
b
section 139A(1) or (2) of that Act (offence of having article with a blade or point or offensive weapon on school premises).
16Road Traffic Act 1988
An offence under section 103(1)(b) of the Road Traffic Act 1988 (c. 52) (driving while disqualified).
17
An offence under subsection (4) of section 170 of the Road Traffic Act 1988 (failure to stop and report an accident) in respect of an accident to which that section applies by virtue of subsection (1)(a) of that section (accidents causing personal injury).
F4617A
An offence under section 174 of the Road Traffic Act 1988 (false statements and withholding material information).
18Official Secrets Act 1989
An offence under any provision of the Official Secrets Act 1989 (c. 6) other than subsection (1), (4) or (5) of section 8 of that Act.
19Football Spectators Act 1989
An offence under section 14J or 21C of the Football Spectators Act 1989 (c. 37) (failing to comply with requirements imposed by or under a banning order or a notice under section 21B).
20Football (Offences) Act 1991
An offence under any provision of the Football (Offences) Act 1991 (c. 19).
21Criminal Justice and Public Order Act 1994
An offence under—
a
section 60AA(7) of the Criminal Justice and Public Order Act 1994 (c. 33) (failing to comply with requirement to remove disguise);
b
section 166 of that Act (sale of tickets by unauthorised persons); or
c
section 167 of that Act (touting for car hire services).
22Police Act 1996
An offence under section 89(1) of the Police Act 1996 (c. 16) (assaulting a police officer in the execution of his duty or a person assisting such an officer).
23Protection from Harassment Act 1997
An offence under section 2 of the Protection from Harassment Act 1997 (c. 40) (harassment).
24Crime and Disorder Act 1998
An offence falling within section 32(1)(a) of the Crime and Disorder Act 1998 (c. 37) (racially or religiously aggravated harassment).
25Criminal Justice and Police Act 2001
An offence under—
a
section 12(4) of the Criminal Justice and Police Act 2001 (c. 16) (failure to comply with requirements imposed by constable in relation to consumption of alcohol in public place); or
b
section 46 of that Act (placing of advertisements in relation to prostitution).
26F52Licensing Act 2003
An offence under section 143(1) of the Licensing Act 2003 (failure to leave licensed premises, etc.).
27F54Sexual Offences Act 2003
An offence under—
a
section 66 of the Sexual Offences Act 2003 (exposure);
b
section 67 of that Act (voyeurism);
c
section 69 of that Act (intercourse with an animal);
d
section 70 of that Act (sexual penetration of a corpse); or
e
section 71 of that Act (sexual activity in public lavatory).
27AF53Prevention of Terrorism Act 2005
An offence under section 9(3) of the Prevention of Terrorism Act 2005.
SCHEDULE 2
Word in Sch. 2 substituted (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(5), Sch. 13 para. 55 (with Sch. 14 para. 1(1)); S.I. 1991/828, art. 3(2)
Entry repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 3, Sch. 1 Pt. I
Entry in Sch. 2 repealed (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)
Words inserted by Representation of the People Act 1985 (c. 50, SIF 42), s. 25(1)
Entry repealed by Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4, SIF 39:2), s. 25(2), Sch. 9 Pt. I
1892 c. 43 | Section 17(2) of the Military Lands Act 1892. |
1911 c. 27 | Section 12(1) of the Protection of Animals Act 1911. |
1920 c. 55. | Section 2 of the Emergency Powers Act 1920. |
1936 c. 6. | Section 7(3) of the Public Order Act 1936. |
1952 c. 52. | Section 49 of the Prison Act 1952. |
1952 c. 67. | Section 13 of the Visiting Forces Act 1952. |
1955 c. 18. | Sections 186 and 190B of the Army Act 1955. |
1955 c. 19. | Section 186 and 190B of the Air Force Act 1955. |
1957 c. 53. | Sections 194 and 105 of the Naval Discipline Act 1957. |
1959 c. 37. | Section 1(3) of the Street Offences Act 1959. |
1969 c. 54. | F14Section 32 of the Children and Young Persons Act 1969. |
1971 c. 77. | Section 24(2) of the Immigration Act 1971 and paragraphs 17, 24 and 33 of Schedule 2 and paragraph 7 of Schedule 3 to that Act. |
. . . F15 | . . . F15 |
1976 c. 63. | Section 7 of the Bail Act 1976. |
1977 c. 45. | Sections 6(6), 7(11), 8(4), 9(7) and 10(5) of the Criminal Law Act 1977. |
F16 . . .. | F16 . . . |
1980 c. 9. | Schedule 5 to the Reserve Forces Act 1980. |
1981 c. 22. | Sections 60(5) and 61(1) of the Animal Health Act 1981. |
F171983 c. 2. | F17Rule 36 in Schedule 1 to the Representation of the People Act 1983 |
1983 c. 20. | Sections 18, 35(10), 36(8), 38(7), 136(1) and 138 of the Mental Health Act 1983. |
. . . F18 | . . . F18 |
1984 c. 47. | Section 5(5) of the Repatriation of Prisoners) Act 1984. |
F13SCHEDULE 2AFingerprinting and samples: power to require attendance at police station
Sch. 2A inserted (prosp.) by Crime and Security Act 2010 (c. 17), ss. 6(2), 59
Part 1Fingerprinting
Persons arrested and released
F411
1
A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(5A).
2
The power under sub-paragraph (1) above may not be exercised in a case falling within F44 section 61(5A)(b)(i) (fingerprints taken on previous occasion insufficient etc ) after the end of the period of six months beginning with the day on which the appropriate officer was informed that section 61(3A)(a) or (b) applied.
3
In sub-paragraph (2) above “ appropriate officer ” means the officer investigating the offence for which the person was arrested.
F434
The power under sub-paragraph (1) above may not be exercised in a case falling within section 61(5A)(b)(ii) (fingerprints destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.
Persons charged etc
2
1
A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(5B).
2
The power under sub-paragraph (1) above may not be exercised after the end of the period of six months beginning with—
a
in a case falling within section 61(5B)(a) (fingerprints not taken previously), the day on which the person was charged or informed that he would be reported, or
b
in a case falling within section 61(5B)(b) (fingerprints taken on previous occasion insufficient etc), the day on which the appropriate officer was informed that section 61(3A)(a) or (b) applied.
3
In sub-paragraph (2)(b) above “appropriate officer” means the officer investigating the offence for which the person was charged or informed that he would be reported.
Persons convicted etc of an offence in England and Wales
3
1
A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(6).
2
Where the condition in section 61(6ZA)(a) is satisfied (fingerprints not taken previously), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—
a
the day on which the person was convicted, cautioned or warned or reprimanded, or
b
if later, the day on which this Schedule comes into force.
3
Where the condition in section 61(6ZA)(b) is satisfied (fingerprints taken on previous occasion insufficient etc), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—
a
the day on which an appropriate officer was informed that section 61(3A)(a) or (b) applied, or
b
if later, the day on which this Schedule comes into force.
4
In sub-paragraph (3)(a) above “appropriate officer” means an officer of the police force which investigated the offence in question.
5
Sub-paragraphs (2) and (3) above do not apply where the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction, caution or warning or reprimand).
Persons subject to a control order
F424
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons convicted etc of an offence outside England and Wales
5
A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(6D).
Multiple attendance
6
1
Where a person's fingerprints have been taken under section 61 on two occasions in relation to any offence, he may not under this Schedule be required to attend a police station to have his fingerprints taken under that section in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector.
2
Where an authorisation is given under sub-paragraph (1) above—
a
the fact of the authorisation, and
b
the reasons for giving it,
shall be recorded as soon as practicable after it has been given.
Part 2Intimate samples
Persons suspected to be involved in an offence
7
A constable may require a person to attend a police station for the purpose of taking an intimate sample from him under section 62(1A) if, in the course of the investigation of an offence, two or more non-intimate samples suitable for the same means of analysis have been taken from him but have proved insufficient.
Persons convicted etc of an offence outside England and Wales
8
A constable may require a person to attend a police station for the purpose of taking a sample from him under section 62(2A) if two or more non-intimate samples suitable for the same means of analysis have been taken from him under section 63(3E) but have proved insufficient.
Part 3Non-intimate samples
Persons arrested and released
9
1
A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3ZA).
2
The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3ZA)(b) (sample taken on a previous occasion not suitable etc) after the end of the period of six months beginning with the day on which the appropriate officer was informed of the matters specified in section 63(3ZA)(b)(i) or (ii).
3
In sub-paragraph (2) above, “appropriate officer” means the officer investigating the offence for which the person was arrested.
Persons charged etc
10
1
A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3A).
2
The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(a) (sample not taken previously) after the end of the period of six months beginning with the day on which he was charged or informed that he would be reported.
3
The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(b) (sample taken on a previous occasion not suitable etc) after the end of the period of six months beginning with the day on which the appropriate officer was informed of the matters specified in section 63(3A)(b)(i) or (ii).
4
In sub-paragraph (3) above “appropriate officer” means the officer investigating the offence for which the person was charged or informed that he would be reported.
Persons convicted etc of an offence in England and Wales
11
1
A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3B).
2
Where the condition in section 63(3BA)(a) is satisfied (sample not taken previously), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—
a
the day on which the person was convicted, cautioned or warned or reprimanded, or
b
if later, the day on which this Schedule comes into force.
3
Where the condition in section 63(3BA)(b) is satisfied (sample taken on a previous occasion not suitable etc), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—
a
the day on which an appropriate officer was informed of the matters specified in section 63(3BA)(b)(i) or (ii), or
b
if later, the day on which this Schedule comes into force.
4
In sub-paragraph (3)(a) above “appropriate officer” means an officer of the police force which investigated the offence in question.
5
Sub-paragraphs (2) and (3) above do not apply where—
a
the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction, caution or warning or reprimand), or
b
he was convicted before 10th April 1995 and is a person to whom section 1 of the Criminal Evidence (Amendment) Act 1997 applies.
Persons subject to a control order
12
A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3D).
Persons convicted etc of an offence outside England and Wales
13
A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3E).
Multiple exercise of power
14
1
Where a non-intimate sample has been taken from a person under section 63 on two occasions in relation to any offence, he may not under this Schedule be required to attend a police station to have another such sample taken from him under that section in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector.
2
Where an authorisation is given under sub-paragraph (1) above—
a
the fact of the authorisation, and
b
the reasons for giving it,
shall be recorded as soon as practicable after it has been given.
Part 4General and supplementary
Requirement to have power to take fingerprints , sample or photograph
15
A power conferred by this Schedule to require a person to attend a police station for the purposes of taking fingerprints F62, a sample or a photograph under any provision of this Act may be exercised only in a case where the fingerprints F63, sample or photograph may be taken from the person under that provision (and, in particular, if any necessary authorisation for taking the fingerprints F63, sample or photograph under that provision has been obtained).
Date and time of attendance
16
F601
A requirement under this Schedule—
a
must direct the person to attend the police station on a specified date, and
b
may either direct the person to attend the police station at a specified time on that date or direct the person to attend the police station between specified times on that date.
2
F563
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F584
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
If the constable giving a requirement under this Schedule and the person to whom it is given so agree, it may be varied so as to specify F57any date, time at which or times between which the person must attend; but a variation shall not have effect unless confirmed by the constable in writing.
Enforcement
17
A constable may arrest without warrant a person who has failed to comply with a requirement under this Schedule.
E1SCHEDULE 3 Provisions Supplementary to Sections 68 and 69
Re extent of Sch. 3 see s. 120(6)(7)(8).
Part I Provisions Supplementary to Section 68
1–7F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Provisions Supplementary to Section 69
8
In any proceedings where it is desired to give a statement in evidence in accordance with section 69 above, a certificate—
a
identifying the document containing the statement and describing the manner in which it was produced;
b
giving such particulars of any device involved in the production of that document as may be appropriate for the purpose of showing that the document was produced by a computer;
c
dealing with any of the matters mentioned in subsection (1) of section 69 above; and
d
purporting to be signed by a person occupying a responsible position in relation to the operation of the computer,
shall be evidence of anything stated in it; and for the purposes of this paragraph it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.
9
Notwithstanding paragraph 8 above, a court may require oral evidence to be given of anything of which evidence could be given by a certificate under that paragraph F20; but the preceding provisions of this paragraph shall not apply where the court is a magistrates’ court inquiring into an offence as examining justices..
10
Any person who in a certificate tendered under paragraph 8 above in a magistrates’ court, the Crown Court or the Court of Appeal makes a statement which he knows to be false or does not believe to be true shall be guilty of an offence and liable—
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum F21. . . or to both.
11
In estimating the weight, if any, to be attached to a statement regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement and, in particular—
a
to the question whether or not the information which the information contained in the statement reproduces or is derived from was supplied to the relevant computer, or recorded for the purpose of being supplied to it, contemporaneously with the occurrence or existence of the facts dealt with in that information; and
b
to the question whether or not any person concerned with the supply of information to that computer, or with the operation of that computer or any equipment by means of which the document containing the statement was produced by it, had any incentive to conceal or misrepresent the facts.
12
For the purposes of paragraph 11 above information shall be taken to be supplied to a computer whether it is supplied directly or (with or without human intervention) by means of any appropriate equipment.
Part II Provisions Supplementary to Section 69
8
In any proceedings where it is desired to give a statement in evidence in accordance with section 69 above, a certificate—
a
identifying the document containing the statement and describing the manner in which it was produced;
b
giving such particulars of any device involved in the production of that document as may be appropriate for the purpose of showing that the document was produced by a computer;
c
dealing with any of the matters mentioned in subsection (1) of section 69 above; and
d
purporting to be signed by a person occupying a responsible position in relation to the operation of the computer,
shall be evidence of anything stated in it; and for the purposes of this paragraph it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.
9
Notwithstanding paragraph 8 above, a court may require oral evidence to be given of anything of which evidence could be given by a certificate under that paragraph ; but the preceding provisions of this paragraph shall not apply where the court is a magistrates’ court inquiring into an offence as examining justices..
10
Any person who in a certificate tendered under paragraph 8 above in a magistrates’ court, the Crown Court or the Court of Appeal makes a statement which he knows to be false or does not believe to be true shall be guilty of an offence and liable—
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum F21. . . or to both.
11
In estimating the weight, if any, to be attached to a statement regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement and, in particular—
a
to the question whether or not the information which the information contained in the statement reproduces or is derived from was supplied to the relevant computer, or recorded for the purpose of being supplied to it, contemporaneously with the occurrence or existence of the facts dealt with in that information; and
b
to the question whether or not any person concerned with the supply of information to that computer, or with the operation of that computer or any equipment by means of which the document containing the statement was produced by it, had any incentive to conceal or misrepresent the facts.
12
For the purposes of paragraph 11 above information shall be taken to be supplied to a computer whether it is supplied directly or (with or without human intervention) by means of any appropriate equipment.
Part III Provisions Supplementary to Sections 68 and 69
13F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
For the purpose of deciding whether or not a statement is so admissible the court may draw any reasonable inference—
a
from the circumstances in which the statement was made or otherwise came into being; or
b
from any other circumstances, including the form and contents of the document in which the statement is contained.
15
Provision may be made by rules of court for supplementing the provisions of section 68 or 69 above or this Schedule.
SCHEDULE 4 The Police Complaints Authority
Part I General
Constitution of Authority
1
1
The Police Complaints Authority shall consist of a chairman and not less than 8 other members.
2
The chairman shall be appointed by Her Majesty.
3
The other members shall be appointed by the Secretary of State.
4
The members of the Authority shall not include any person who is or has been a constable in any part of the United Kingdom.
5
Persons may be appointed as whole-time or part-time members of the Authority.
F236
The Secretary of State may appoint not more than two of the members of the Authority to be deputy chairmen.
Incorporation and status of Authority
2
1
The Authority shall be a body corporate.
2
It is hereby declared that the Authority are not to be regarded as the servant or agent of the Crown or as enjoying any status, privilege or immunity of the Crown; and the Authority’s property shall not be regarded as property of or property held on behalf of the Crown.
Members
3
1
Subject to the following provisions of this Schedule, a person shall hold an office to which he is appointed under paragraph 1(2), (3) or (6) above in accordance with the terms of his appointment.
2
A person shall not be appointed to such an office for more than 3 years at a time.
3
A person may at any time resign such an office.
4
The Secretary of State may at any time remove a person from such an office if satisfied that—
a
he has without reasonable excuse failed to carry out his duties for a continuous period of 3 months beginning not earlier than 6 months before that time; or
b
he has been convicted of a criminal offence; or
c
he has become bankrupt or made an arrangement with his creditors; or
d
he is incapacitated by physical or mental illness; or
F24da
he has acted improperly in relation to his duties, or
e
he is otherwise unable or unfit to perform his duties.
4
The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of persons appointed to office under paragraph 1(2), (3) or (6) above or any of them as, with the consent of the Treasury, he may determine.
5
Where a person ceases to hold such an office otherwise than on the expiry of his term of office, and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State may, with the consent of the Treasury, direct the Authority to make to the person a payment of such amount as, with the consent of the Treasury, the Secretary of State may determine.
Staff
6
The Authority may, after consultation with the Secretary of State, appoint such officers and servants as the Authority think fit, subject to the approval of the Treasury as to numbers and as to remuneration and other terms and conditions of service.
7
1
Employment by the Authority shall be included among the kinds of employment to which a superannuation scheme under section 1 of the M3Superannuation Act 1972 can apply, and accordingly in Schedule 1 to that Act, at the end of the list of “Other Bodies” there shall be inserted—
Police Complaints Authority
2
Where a person who is employed by the Authority and is by reference to that employment a participant in a scheme under section 1 of the said Act of 1972 is appointed to an office under paragraph 1(2), (3) or (6) above the Treasury may determine that his service in that office shall be treated for the purposes of the scheme as service as an employee of the Authority; and his rights under the scheme shall not be affected by paragraph 4 above.
8
The M4Employers’ Liability (Compulsory Insurance) Act 1969 shall not require insurance to be effected by the Authority.
Power of Authority to set up regional offices
9
1
If it appears to the Authority that it is necessary to do so in order to discharge their duties efficiently, the Authority may, with the consent of the Secretary of State and the Treasury, set up a regional office in any place in England and Wales.
2
The Authority may delegate any of their functions to a regional office.
Proceedings
10
1
Subject to the provisions of this Act, the arrangements for the proceedings of the Authority (including the quorum for meetings) shall be such as the Authority may determine.
2
The arrangements may, with the approval of the Secretary of State, provide for the discharge, under the general direction of the Authority, of any of the Authority’s functions by a committee or by one or more of the members, officers or servants of the Authority.
11
The validity of any proceedings of the Authority shall not be affected—
a
by any defect in the appointment—
i
of the chairman;
F25ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iii
of any other member, or
Finance
12
The Secretary of State shall pay to the Authority expenses incurred or to be incurred by the Authority under paragraphs 5 and 6 above and, with the consent of the Treasury, shall pay to the Authority such sums as the Secretary of State thinks fit for enabling the Authority to meet other expenses.
13
1
It shall be the duty of the Authority—
a
to keep proper accounts and proper records in relation to the accounts;
b
to prepare in respect of each financial year of the Authority a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and
c
to send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.
2
The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before Parliament.
3
The financial year of the Authority shall be the 12 months ending on 31st March.
Part II Transitional
Information received by Police Complaints Board
14
1
No information received by the Police Complaints Board in connection with any complaint shall be disclosed by any person who has been a member, officer or servant of the Board except—
a
to the Secretary of State or to a member, officer or servant of the Authority or, so far as may be necessary for the proper discharge of the functions of the authority, to other persons; or
b
for the purposes of any criminal, civil or disciplinary proceedings.
2
Any person who discloses information in contravention of this paragraph shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale F26. . ..
Property, rights and liabilities
15
1
On the day on which section 83 above comes into operation all property, rights and liabilities which immediately before that day were property, rights and liabilities of the Police Complaints Board shall vest in the Authority by virtue of this paragraph and without further assurance.
2
Section 12 of the M5Finance Act 1895 (which requires Acts to be stamped as conveyances on sale in certain cases) shall not apply to any transfer of property effected by this paragraph.
Proceedings
16
Proceedings in any court to which the Police Complaints Board is a party and which are pending immediately before the date on which section 83 above comes into operation may be continued on and after that day by the Authority.
Payments to former members of Police Complaints Board
17
Where a person—
a
ceases to be a member of the Police Complaints Board by reason of its abolition; and
b
does not become a member of the Authority,
the Secretary of State may, with the consent of the Treasury, make to the person a payment of such amount as, with the consent of the Treasury, the Secretary of State may determine.
General
18
Paragraphs 14 to 17 above are without prejudice to the generality of section 121(4) above.
SCHEDULE 5 Serious Arrestable Offences
Part I Offences Mentioned in Section 116(2)(a)
1
Treason.
2
Murder.
3
Manslaughter.
4
Rape.
5
Kidnapping.
6
Incest with a girl under the age of 13.
F277
Buggery with a person under the age of 16.
8
Indecent assault which constitutes an act of gross indecency.
Part II Offences Mentioned in Section 116(2)(b)
Explosive Substances Act 1883 (c. 3)
1
Section 2 (causing explosion likely to endanger life or property).
Sexual Offences Act 1956 (c. 69)
2
Section 5 (intercourse with a girl under the age of 13).
Firearms Act 1968 (c. 27)
3
Section 16 (possession of firearms with intent to injure).
4
Section 17(1) (use of firearms and imitation firearms to resist arrest).
5
Section 18 (carrying firearms with criminal intent).
6F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Taking of Hostages Act 1982 (c. 28)
7
Section 1 (hostage-taking).
Aviation Security Act 1982 (c. 36)
8
Section 1 (hi-jacking).
F29 Criminal Justice Act 1988 (c. 33)
Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(1), Sch. 15 para. 102
9
Section 134 (Torture).
F32 The Road Traffic Act 1988 (c. 52)
Words inserted by Road Traffic Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 27(5)
Word in Sch. 5 Pt. II substituted (1.7.1992) by Road Traffic Act 1991 (c. 40), s. 48, Sch. 4 para. 39(a); S.I. 1992/1286, art. 2,Sch.
Words in Sch. 5 Pt. II inserted (1.7.1992) by Road Traffic Act 1991 (c. 40), s. 48, Sch. 4 para. 39(b); S.I. 1992/1286, art. 2,Sch..
F33 Aviation and Maritime Security Act 1990 (c. 31)
Words inserted by Aviation and Maritime Security Act 1990 (c. 31, SIF 39:2), s. 53(1), Sch. 3 para. 8
11
Section 1 (endangering safety at aerodromes).
12
Section 9 (hijacking of ships).
13
Section 10 (seizing or exercising control of fixed platforms).
F34 Channel Tunnel (Security) Order 1994 No.
Sch. 5 Pt. II paras. 14-15, relating to Channel Tunnel (Security) Order 1994 added (5.3.1994) at the end of Pt. II by S.I. 1994/570, art. 38, Sch. 3 para.4.
F3514
Article 4 (hijacking of Channel Tunnel trains).
F3615
Article 5 (seizing or exercising control of the tunnel system).
F37 Protection of Children Act 1978 (c. 37.)
Sch. 5 Pt. II para. 14 relating to 1978 c. 37 inserted (3.2.1995) at the end of Pt. II by 1994 c. 33, s. 85(3); S.I. 1995/127, art. 2(1), Sch. 1.
F3816
Section 1 (indecent photographs and pseudo-photographs of children).
F39 Obscene Publications Act 1959 (c.66.)
Sch. 5 Pt. II paras. 15, relating to 1959 c. 66 inserted (3.2.1995) at the end of Pt. II by 1994 c. 33, s. 85(3); S.I. 1995/127, art. 2(1).
F4017
Section 2 (publication of obscene matter).
Sexual Offences Act 2003
18
Section 1 (rape).
19
Section 2 (assault by penetration).
20
Section 4 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section.
21
Section 5 (rape of a child under 13).
22
Section 6 (assault of a child under 13 by penetration).
23
Section 8 (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.
24
Section 30 (sexual activity with a person with a mental disorder impeding choice), where the touching involved penetration within subsection (3)(a) to (d) of that section.
25
Section 31 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.
C4SCHEDULE 6 Minor and Consequential Amendments
Sch. 6 incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52
Part I England and Wales
Game Act 1831 (c. 32)
1
The following section shall be inserted after section 31 of the Game Act 1831—
31A Powers of constables in relation to trespassers.
The powers conferred by section 31 above to require a person found on land as mentioned in that section to quit the land and to tell his christian name, surname, and place of abode shall also be exercisable by a police constable.
Metropolitan Police Act 1839 (c. 47)
2
In section 39 of the Metropolitan Police Act 1839 (fairs within the metropolitan police district) after the word “amusement” there shall be inserted the words “shall be guilty of an offence”.
Railway Regulation Act 1840 (c. 97)
3
In section 16 of the Railway Regulation Act 1840 (persons obstructing officers of railway company or trespassing upon railway) for the words from “and” in the third place where it occurs to “justice,” in the third place where it occurs there shall be substituted the words “, upon conviction by a magistrates’ court, at the discretion of the court,”.
London Hackney Carriages Act 1843 (c. 86)
4
In section 27 of the London Hackney Carriages Act 1843 (no person to act as driver of carriage without consent of proprietor) for the words after “constable” there shall be substituted the words “if necessary, to take charge of the carriage and every horse in charge of any person unlawfully acting as a driver and to deposit the same in some place of safe custody until the same can be applied for by the proprietor.”.
Town Gardens Protection Act 1863 (c. 13)
5
In section 5 of the Town Gardens Protection Act 1863 (penalty for injuring garden) for the words from the beginning to “district” there shall be substituted the words “Any person who throws any rubbish into any such garden, or trespasses therein, or gets over the railings or fence, or steals or damages the flowers or plants, or commits any nuisance therein, shall be guilty of an offence and”.
Parks Regulation Act 1872 (c. 15)
6
The following section shall be substituted for section 5 of the Parks Regulation Act 1872 (apprehension of offender whose name or residence is not known)—
5
Any person who—
a
within the view of a park constable acts in contravention of any of the said regulations in the park where the park constable has jurisdiction; and
b
when required by any park constable or by any police constable to give his name and address gives a false name or false address,
shall be liable on summary conviction to a penalty of an amount not exceeding level 1 on the standard scale, as defined in section 75 of the Criminal Justice Act 1982.
Dogs (Protection of Livestock) Act 1953 (c. 28)
7
In the Dogs (Protection of Livestock) Act 1953 the following section shall be inserted after section 2—
2A Power of justice of the peace to authorise entry and search.
If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing—
a
that an offence under this Act has been committed; and
b
that the dog in respect of which the offence has been committed is on premises specified in the application,
he may issue a warrant authorising a constable to enter and search the premises in order to identify the dog.
Army Act 1955 (c. 18)Air Force Act 1955 (c. 19)
8
The following subsection shall be substituted for section 195(3) of the Army Act 1955 and section 195(3) of the Air Force Act 1955—
3
A constable may seize any property which he has reasonable grounds for suspecting of having been the subject of an offence against this section.
Sexual Offences Act 1956 (c. 69)
9
At the end of section 41 of the Sexual Offences Act 1956 (power to arrest in cases of soliciting by men) there shall be added the words “but a constable may only do so in accordance with section 25 of the Police and Criminal Evidence Act 1984.”.
Game Laws (Amendment) Act 1960 (c. 36)
10
In subsection (1) of section 2 of the Game Laws (Amendment) Act 1960 (power of police to enter on land) for the words “purpose of exercising any power conferred on him by the foregoing section” there shall be substituted the words
purpose—
a
of exercising in relation to him the powers under section 31 of the Game Act 1831 which section 31A of that Act confers on police constables; or
b
of arresting him in accordance with section 25 of the Police and Criminal Evidence Act 1984.
11
In subsection (1) of section 4 of that Act (enforcement powers) for the words from “under”, in the first place where it occurs, to “thirty-one” there shall be substituted the words “, in accordance with section 25 of the Police and Criminal Evidence Act 1984, for an offence under section one or section nine of the M2Night Poaching Act 1828, or under section thirty”.
Betting, Gaming and Lotteries Act 1963 (c. 2)
12
The following subsection shall be substituted for subsection (2) of section 8 of the Betting, Gaming and Lotteries Act 1963 (prohibition of betting in streets and public places)—
2
Where a person is found committing an offence under this section, any constable may seize, and detain any article liable to be forfeited under this section.
Deer Act 1963 (c. 36)
F213
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police Act 1964 (c. 48)
F314
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F415
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
Criminal Law Act 1967 (c. 58)
17
The following subsection shall be inserted after section 4(1) of the Criminal Law Act 1967—
1A
In this section and section 5 below “arrestable offence” has the meaning assigned to it by section 24 of the Police and Criminal Evidence Act 1984.
Theatres Act 1968 (c. 54)
18
In section 15(1) of the Theatres Act 1968 (powers of entry and inspection) for the words “fourteen days” there shall be substituted the words “one month”.
Children and Young Persons Act 1969 (c. 54)
19
In the Children and Young Persons Act 1969— F6
a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the following section shall be substituted for section 29—
29
A child or young person arrested in pursuance of a warrant shall not be released unless he or his parent or guardian (with or without sureties) enters into a recognisance for such amount as the custody officer at the police station where he is detained considers will secure his attendance at the hearing of the charge; and the recognisance entered into in pursuance of this section may, if the custody officer thinks fit, be conditioned for the attendance of the parent or guardian at the hearing in addition to the child or young person.
Immigration Act 1971 (c. 77)
20
In section 25(3) of the Immigration Act 1971 for the words “A constable or” there shall be substituted the word “An”.
Criminal Justice Act 1972 (c. 71)
21
In subsection (1) of section 34 of the Criminal Justice Act 1972 (powers of constable to take drunken offender to treatment centre) for the words from the beginning to “section the” there shall be substituted the words
On arresting an offender for an offence under—
a
section 12 of the Licensing Act 1872; or
b
section 91(1) of the Criminal Justice Act 1967,
a
F8 . . .
Sch. 6 para. 22 repealed (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)
F722
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Deer Act 1980 (c. 49)
F923
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Animal Health Act 1981 (c. 22)
24
In subsection (5) of section 60 of the Animal Health Act 1981 (enforcement powers) for the words “a constable or other officer” there shall be substituted the words “an officer other than a constable”.
Wildlife and Countryside Act 1981 (c. 69)
25
In subsection (2) of section 19 of the Wildlife and Countryside Act 1981 (enforcement powers) after the words “subsection (1)” there shall be inserted the words “or arresting a person, in accordance with section 25 of the Police and Criminal Evidence Act 1984, for such an offence”.
Mental Health Act 1983 (c. 20)
26
In section 135(4) of the Mental Health Act 1983 for the words “the constable to whom it is addressed”, in both places where they occur, there shall be substituted the words “a constable”.
27
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
Part II Other Amendments
Army Act 1955 (c. 18)
28
1
The Army Act 1955 shall be amended as follows.
2
In section 99—
a
in subsection (1), after the word “below” there shall be inserted the words “and to service modifications”; and
b
the following subsections shall be inserted after that sub-section—
1A
In this section “service modifications” means such modifications as the Secretary of State may by regulations made by statutory instrument prescribe, being modifications which appear to him to be necessary or proper for the purposes of proceedings before a court-martial; and it is hereby declared that in this section—
“rules” includes rules contained in or made by virtue of an enactment; and
“enactment” includes an enactment contained in an Act passed after this Act.
1B
Regulations under subsection (1A) above may not modify section 99A below.
1C
Regulations under subsection (1A) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
3
In section 99A(1) for the word “Section” there shall be substituted the words “Without prejudice to section 99 above, section”.
4
The following section shall be inserted after section 200—
200A False statements in computer record certificates.
1
Any person who in a certificate tendered under paragraph 8 of Schedule 3 to the Police and Criminal Evidence Act 1984 (computer records) in evidence before a court-martial makes a statement which he knows to be false or does not believe to be true shall be guilty of an offence and liable—
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
2
In this section “statutory maximum” has the meaning given by section 74 of the Criminal Justice Act 1982.
Air Force Act 1955 (c. 19)
29
1
The Air Force Act 1955 shall be amended as follows.
2
In section 99—
a
in subsection (1), after the word “below” there shall be inserted the words “and to service modifications”; and
b
the following subsections shall be inserted after that sub-section—
1A
In this section “service modifications” means such modifications as the Secretary of State may by regulations made by statutory instrument prescribe, being modifications which appear to him to be necessary or proper for the purposes of proceedings before a court-martial; and it is hereby declared that in this section—
“rules” includes rules contained in or made by virtue of an enactment; and
“enactment” includes an enactment contained in an Act passed after this Act.
1B
Regulations under subsection (1A) above may not modify section 99A below.
1C
Regulations under subsection (1A) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
3
In section 99A(1) for the word “Section” there shall be substituted the words “Without prejudice to section 99 above, section”.
4
The following section shall be inserted after section 200—
200A False statements in computer record certificates.
1
Any person who in a certificate tendered under paragraph 8 of Schedule 3 to the Police and Criminal Evidence Act 1984 (computer records) in evidence before a court-martial makes a statement which he knows to be false or does not believe to be true shall be guilty of an offence and liable—
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
2
In this section “statutory maximum” has the meaning given by section 74 of the Criminal Justice Act 1982.
Police (Scotland) Act 1967 (c. 77)
30
In section 6(2) of the Police (Scotland) Act 1967 (constables below rank of assistant chief constable) for the words “an assistant chief constable or a constable holding the office of deputy chief constable” there shall be substituted the words “a deputy chief constable or an assistant chief constable”.
31
In section 7(1) of that Act (ranks) after the words “chief constable,” there shall be inserted the words “deputy chief constable,”.
32
In section 26(7) of that Act (disciplinary authority) immediately before the words “deputy chief constable” there shall be inserted the word “any”.
33
In section 31(2) of that Act (compulsory retirement of chief constable etc.) for the words “the deputy or an assistant chief constable” there shall be substituted the words “a deputy or assistant chief constable”.
Courts-Martial (Appeals) Act 1968 (c. 20)
34
1
The following section shall be inserted after section 37 of the Courts-Martial (Appeals) Act 1968—
37A False statements in computer record certificates.
1
Any person who in a certificate tendered under paragraph 8 of Schedule 3 to the Police and Criminal Evidence Act 1984 (computer records) in evidence before the Appeal Court makes a statement which he knows to be false or does not believe to be true shall be guilty of an offence and liable—
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
2
Proceedings for an offence under this section committed outside the United Kingdom may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
3
In this section “statutory maximum” has the meaning given by section 74 of the Criminal Justice Act 1982.
House of Commons Disqualification Act 1975 (c. 24)Northern Ireland Assembly Disqualification Act 1975 (c. 25)
35
In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 and Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified under those Acts) there shall be inserted at the appropriate place in alphabetical order—
The Police Complaints Authority
Armed Forces Act 1976 (c. 52)
36
The following paragraph shall be inserted after paragraph 17 of Schedule 3 to the Armed Forces Act 1976 (Standing Civilian Courts)—
17A
Section 200A of that Act (false statements in computer record certificates) shall have effect as if the reference to a court-martial in subsection (1) included a reference to a Standing Civilian Court.
Customs and Excise Management Act 1979 (c. 2)
37
The following subsection shall be substituted for section 138(4) of the Customs and Excise Management Act 1979—
4
Where any person has been arrested by a person who is not an officer—
a
by virtue of this section; or
b
by virtue of section 24 of the Police and Criminal Evidence Act 1984 in its application to offences under the customs and excise Acts,
the person arresting him shall give notice of the arrest to an officer at the nearest convenient office of customs and excise.
38
In section 161 of that Act—
a
in subsection (3), for the words from “that officer” to the end of the subsection there shall be substituted the words “any officer and any person accompanying an officer to enter and search the building or place named in the warrant within one month from that day”; and
b
in subsection (4), for the words “person named in a warrant under subsection (3) above” there shall be substituted the words “other person so authorised”.
Betting and Gaming Duties Act 1981 (c. 63)
39
In the following provisions of the Betting and Gaming Duties Act 1981, namely—
a
section 15(2);
b
paragraph 16(1) of Schedule 1;
c
paragraph 17(1) of Schedule 3; and
d
paragraph 17(1) of Schedule 4,
for the words “fourteen days” there shall be substituted the words “one month”.
Car Tax Act 1983 (c. 53)
40
In paragraph 7(3) of Schedule 1 to the Car Tax Act 1983 for the words “fourteen days” there shall be substituted the words “one month”.
Value Added Tax Act 1983 (c. 55)
F1141
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C5SCHEDULE 7 Repeals
Sch. 7 incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52
Part I Enactments Repealed in Consequence of Parts I to V
Words repealed by Representation of the People Act 1985 (c. 50, SIF 42), s. 28, Sch. 5
Chapter | Short title | Extent of repeal |
|---|---|---|
5 Geo. 4. c. 83. | Vagrancy Act 1824. | Section 8. |
Section 13. | ||
1 & 2 Will. 4. c. 32. | Game Act 1831. | In section 31, the words “or for any police constable”. |
2 & 3 Vict. c. 47. | Metropolitan Police Act 1839. | Section 34. |
In section 38, the words from “it” to “and” in the sixth place where it occurs. | ||
In section 39, the words “to take into custody”. | ||
In section 47, the words “take into custody” and the words “, and every person so found”. | ||
In section 54, the words from “And” to the end of the section. | ||
In section 62, the words from “may” in the first place where it occurs to “and” in the second place where it occurs. | ||
Sections 63 to 67. | ||
3 & 4 Vict. c. 50. | Canals (Offences) Act 1840. | The whole Act. |
5 & 6 Vict. c. 55. | Railway Regulation Act 1842. | In section 17, the words “or for any special constable duly appointed,”. |
8 & 9 Vict. c. 20. | Railways Clauses Consolidation Act 1845. | In section 104, the words “and all constables, gaolers, and police officers,”. |
10 & 11 Vict. c. 89 | Town Police Clauses Act 1847. | In section 15, the words “may be taken into custody, without a warrant, by any constable, or” and the words from “Provided” to the end of the section. |
In section 28, the words from “and” in the first place where it occurs to “offence” in the second place where it occurs. | ||
14 & 15 Vict. c. 19 | Prevention of Offences Act 1851. | Section 11. |
23 & 24 Vict. c. 32. | Ecclesiastical Courts Jurisdiction Act 1860. | In section 3, the words “constable or” |
24 & 25 Vict. c. 100. | Offences against the Person Act 1861. | In section 65, the words “in the daytime”. |
34 & 35 Vict. c. 96. | Pedlars Act 1871. | Sections 18 and 19. |
35 & 36 Vict. c. 93. | Pawnbrokers Act 1872. | In section 36, the words “, within the hours of business,”. |
38 & 39 Vict. c. 17. | Explosives Act 1875. | In section 78, the words “a constable, or”. |
52 & 53 Vict. c. 18. | Indecent Advertisements Act 1889. | Section 6. |
52 & 53 Vict. c. 57. | Regulation of Railways Act 1889. | In section 5(2), the words “or any constable”. |
8 Edw. 7. c. 66. | Public Meeting Act 1908. | In section 1, in subsection (3) the words from “and” in the sixth place where it occurs to the end of the subsection. |
1 & 2 Geo. 5. c. 28. | Official Secrets Act 1911. | In section 9(1), the words “named therein”. |
15 & 16 Geo. 5. c. 71. | Public Health Act 1925. | Section 74(2) and (3). |
23 & 24 Geo. 5. c. 12. | Children and Young Persons Act 1933. | Section 10(2). |
Section 13(1) and (2). | ||
In section 40, in subsection (1) the words “named therein” and in subsection (4) the words “addressed to and”. | ||
11 & 12 Geo. 6. c. 58. | Criminal Justice Act 1948. | Section 68. |
1 & 2 Eliz. 2. c. 14. | Prevention of Crime Act 1953. | Section 1(3). |
3 & 4 Eliz. 2. c. 28. | Children and Young Persons (Harmful Publications) Act 1955. | In section 3(1), the words “named therein”. |
4 & 5 Eliz. 2. c. 69. | Sexual Offences Act 1956. | Section 40. |
In section 43(1), the word “named”. | ||
5 & 6 Eliz. 2. c. 53. | Naval Discipline Act 1957. | In section 106(1), the words from “may” in the first place where it occurs to “and”. |
7 & 8 Eliz. 2. c. 66. | Obscene Publications Act 1959. | In section 3(1), the words “, within fourteen days from the date of the warrant,”. |
8 & 9 Eliz. 2. c. 36. | Game Laws (Amendment) Act 1960. | Section 1. |
1963 c. 2. | Betting, Gaming and Lotteries Act 1963. | In section 51(1), the words “at any time within fourteen days from the time of the issue of the warrant” and the words “arrest and”. |
1963 c. 36. | Deer Act 1963. | Section 5(1)(c). |
1964 c. 26. | Licensing Act 1964. | Section 187(5). |
1967 c. 58. | Criminal Law Act 1967. | Section 2. |
1968 c. 27. | Firearms Act 1968. | In section 46(1), the words “named therein”. |
Section 50. | ||
1968 c. 52. | Caravan Sites Act 1968. | Section 11(5). |
1968 c. 60. | Theft Act 1968. | Section 12(3). |
Section 26(2). | ||
1968 c. 65. | Gaming Act 1968. | Section 5(2). |
In section 43, in subsection (4), the words “at any time within fourteen days from the time of the issue of the warrant”, and in subsection (5)(b), the words “arrest and”. | ||
1970 c. 30. | Conservation of Seals Act 1970. | Section 4(1)(a). |
1971 c. 38. | Misuse of Drugs Act 1971. | Section 24. |
1971 c. 77. | Immigration Act 1971. | In Schedule 2, in paragraph 17(2), the words “acting for the police area in which the premises are situated,” and the words “at any time or times within one month from the date of the warrant”. |
1972 c. 20. | Road Traffic Act 1972. | Section 19(3). |
Section 164(2). | ||
1972 c. 27. | Road Traffic (Foreign Vehicles) Act 1972. | Section 3(2). |
1972 c. 71. | Criminal Justice Act 1972. | Section 34(3). |
1973 c. 57. | Badgers Act 1973. | Section 10(1)(b). |
1974 c. 6. | Biological Weapons Act 1974. | In section 4(1), the words “named therein”. |
1976 c. 32. | Lotteries and Amusements Act 1976. | In section 19, the words “at any time within 14 days from the time of the issue of the warrant”. |
1976 c. 58. | International Carriage of Perishable Foodstuffs Act 1976. | Section 11(6). |
1977 c. 45. | Criminal Law Act 1977. | Section 11. |
Section 62. | ||
1979 c. 2. | Customs and Excise Management Act 1979. | In section 138, in subsections (1) and (2), the words “or constable”. |
1980 c. 43. | Magistrates’ Courts Act 1980. | Section 49. |
1980 c. 49. | Deer Act 1980. | Section 4(1)(c). |
1980 c. 66. | Highways Act 1980. | Section 137(2). |
1980 c. x. | County of Merseyside Act 1980. | Section 33. |
1980 c. xi. | West Midlands County Council Act 1980. | Section 42. |
1981 c. 14. | Public Passenger Vehicles Act 1981. | Section 25(2). |
1981 c. 22. | Animal Health Act 1981. | In section 60, subsection (3), in subsection (4) the words “or apprehending”, and in subsection (5) the words “constable or”, in the second place where they occur. |
1981 c. 42. | Indecent Displays (Control) Act 1981. | Section 2(1). |
In section 2(3), the words “within fourteen days from the date of issue of the warrant”. | ||
1981 c. 47. | Criminal Attempts Act 1981. | Section 9(4). |
1981 c. 69. | Wildlife and Countryside Act 1981. | Section 19(1)(c). |
1982 c. 48. | Criminal Justice Act 1982. | Section 34. |
1983 c. 2. | Representation of the People Act 1983. | In section 97(3), the words from “and” in the fifth place where it occurs to “him” in the third place where it occurs. |
. . . F12 | ||
1983 c. 20. | Mental Health Act 1983. | In Section 135, in subsections (1) and (2), the words “named in the warrant”. |
Part II Enactments Repealed in Relation to Criminal Proceedings in Consequence of Part VII
Chapter | Short title | Extent of repeal |
|---|---|---|
1971 c. liv. | Cornwall County Council Act 1971. | Section 98(4). |
1972 c. xlvii. | Hampshire County Council Act 1972. | Section 86(2). |
Part III Enactments Repealed Generally in Consequence of Part VII
Chapter | Short title | Extent of repeal |
|---|---|---|
3 & 4 Eliz. 2. c. 18. | Army Act 1955. | In section 198(1), the words “of this section and of sections 198A and 198B of this Act”. |
Sections 198A and 198B. | ||
3 & 4 Eliz. 2. c. 19. | Air Force Act 1955. | In section 198(1), the words “of this section and of sections 198A and 198B of this Act”. |
Sections 198A and 198B. | ||
1965 c. 20. | Criminal Evidence Act 1965. | The whole Act. |
1969 c. 48. | Post Office Act 1969. | In section 93(4), the words “the Criminal Evidence Act 1965 and”. |
In Schedule 4, paragraph 77. | ||
1981 c. 55. | Armed Forces Act 1981. | Section 9. |
1981 c. xviii. | County of Kent Act 1981. | Section 82. |
1983 c. 55. | Value Added Tax Act 1983. | In Schedule 7, paragraph 7(7) and (8). |
Part IV Enactments Repealed in Relation to Criminal Proceedings in Consequence of Part VIII
Chapter | Short title | Extent of repeal |
|---|---|---|
14 & 15 Vict. c. 99. | Evidence Act 1851. | Section 13. |
28 & 29 Vict. c. 18. | Criminal Procedure Act 1865. | In section 6, the words from “and a certificate” onwards. |
34 & 35 Vict. c. 112. | Prevention of Crimes Act 1871. | Section 18 except the words “A previous conviction in any one part of the United Kingdom may be proved against a prisoner in any other part of the United Kingdom.”. |
Part V Enactments Repealed Generally in Consequence of Part VIII
Chapter | Short title | Extent of repeal |
|---|---|---|
16 & 17 Vict. c. 83. | Evidence (Amendment) Act 1853. | Section 3. |
46 & 47 Vict. c. 3. | Explosive Substances Act 1883. | Section 4(2). |
58 & 59 Vict. c. 24. | Law of Distress Amendment Act 1895. | Section 5. |
61 & 62 Vict. c. 36. | Criminal Evidence Act 1898. | In section 1, the words “and the wife or husband, as the case may be, of the person so charged” the words (in paragraph (b)) “or of the wife or husband, as the case may be, of the person so charged” and paragraphs (c) and (d). |
Section 4. | ||
In section 6(1), the words from “notwithstanding” to the end. | ||
The Schedule. | ||
4 & 5 Geo. 5, c. 58. | Criminal Justice Administration Act 1914. | Section 28(3). |
19 & 20 Geo. 5. c. 34. | Infant Life (Preservation) Act 1929. | Section 2(5). |
23 & 24 Geo. 5. c. 12. | Children and Young Persons Act 1933. | Section 15. |
Section 26(5). | ||
4 & 5 Eliz. 2. c. 69. | Sexual Offences Act 1956. | Section 12(2) and (3). |
Section 15(4) and (5). | ||
Section 16(2) and (3). | ||
Section 39. | ||
In Schedule 3, the entry relating to section 15 of the Children and Young Persons Act 1933. | ||
8 & 9 Eliz. 2. c. 33. | Indecency with Children Act 1960. | In section 1, subsection (2) and in subsection (3) the words “except in section 15 (which relates to the competence as a witness of the wife or husband of the accused)”. |
1965 c. 72. | Matrimonial Causes Act 1965. | Section 43(1). |
1968 c. 60. | Theft Act 1968. | Section 30(3). |
1970 c. 55. | Family Income Supplements Act 1970. | Section 12(5). |
1973 c. 38. | Social Security Act 1973. | In Schedule 23, paragraph 4. |
1975 c. 14. | Social Security Act 1975. | Section 147(6). |
1975 c. 16. | Industrial Injuries and Diseases (Old Cases) Act 1975. | Section 10(4). |
1975 c. 61. | Child Benefit Act 1975. | Section 11(8). |
1976 c. 71. | Supplementary Benefits Act 1976. | Section 26(5). |
1977 c. 45. | Criminal Law Act 1977. | In section 54(3), the words “subsection (2) (competence of spouse of accused to give evidence)”. |
1978 c. 37. | Protection of Children Act 1978. | Section 2(1). |
1979 c. 18. | Social Security Act 1979. | Section 16. |
1980 c. 43. | Magistrates’ Courts Act 1980. | In Schedule 7, paragraph 4. |
1982 c. 24. | Social Security and Housing Benefits Act 1982. | Section 21(6). |
Part VI Miscellaneous Repeals
Chapter | Short title | Extent of repeal |
|---|---|---|
2 & 3 Vict. c. 47. | Metropolitan Police Act 1839. | Section 7. |
34 & 35 Vict. c. 96. | Pedlars Act 1871. | In section 18, the words from “or” where secondly occurring to “Act,” and the words from “and forthwith” to the end of the section. |
1964 c. 48. | Police Act 1964. | Section 49. |
Section 50. | ||
1967 c. 77. | Police (Scotland) Act 1967. | Section 5(3) and section 17(6). |
1972 c. 11. | Superannuation Act 1972. | In Schedule 1, the reference to the Police Complaints Board. |
1975 c. 24. | House of Commons Disqualification Act 1975. | In Part II of Schedule 1, the entry relating to the Police Complaints Board. |
1975 c. 25. | Northern Ireland Assembly Disqualification Act 1975. | In Part II of Schedule 1, the entry relating to the Police Complaints Board. |
1976 c. 46. | Police Act 1976. | section 1(1) to (4). |
Sections 2 to 13. | ||
Section 14(2). | ||
In the Schedule, paragraphs 1 to 3, in paragraph 4, the words “remuneration” and “allowances” and paragraphs 5 to 13. |
Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2