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Police and Criminal Evidence Act 1984, Section 118 is up to date with all changes known to be in force on or before 17 November 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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(1)In this Act—
“arrestable offence” has the meaning assigned to it by section 24 above;
“designated police station” has the meaning assigned to it by section 35 above;
“document” [F1means anything in which information of any description is recorded.];
F2.
“item subject to legal privilege” has the meaning assigned to it by section 10 above;
“parent or guardian” means—
(a)in the case of a child or young person in the care of a local authority, that authority; F3 . . .
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“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)A person is in police detention for the purposes of this Act if—
(a)he has been taken to a police station after being arrested for an offence [F4or after being arrested under section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 or under paragraph 6 of Schedule 5 to that Act by an examining officer who is a constable]; 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.
Extent Information
E1For the extent of this Act see s. 120(11)
Textual Amendments
F1Words 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
F2Definition of “intimate search” in s. 118(1) repealed (10.4.1995) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1995/721, art. 2, Sch.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
F3In s. 118, paragraph (b) of definition and the word immediately preceding it repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F4Words inserted by Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4, SIF 39:2), s. 25(1), Sch. 8 para. 6(8)
Modifications etc. (not altering text)
C1S. 118 applied with modifications by S.I. 1985/1882, arts. 3, 10
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