Police and Criminal Evidence Act 1984

Status:

Point in time view as at 30/04/2017.

Changes to legislation:

Police and Criminal Evidence Act 1984, Section 3 is up to date with all changes known to be in force on or before 16 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.

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

3 Duty to make records concerning searches.E+W

(1)Where a constable has carried out a search in the exercise of any such power as is mentioned in section 2(1) above, other than a search—

(a)under section 6 below; or

(b)under section 27(2) of the M1Aviation Security Act 1982, [F1a record of the search shall be made] in writing unless it is not practicable to do so.

[F2(2)If a record of a search is required to be made by subsection (1) above—

(a)in a case where the search results in a person being arrested and taken to a police station, the constable shall secure that the record is made as part of the person's custody record;

(b)in any other case, the constable shall make the record on the spot, or, if that is not practicable, as soon as practicable after the completion of the search.]

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The record of a search of a person or a vehicle—

(a)shall state—

(i)the object of the search;

(ii)the grounds for making it;

(iii)the date and time when it was made;

(iv)the place where it was made;

[F4(v)except in the case of a search of an unattended vehicle, the ethnic origins of the person searched or the person in charge of the vehicle searched (as the case may be); and;]

(b)shall identify the constable [F5who carried out the search].

[F6(6A)The requirement in subsection (6)(a)(v) above for a record to state a person's ethnic origins is a requirement to state—

(a)the ethnic origins of the person as described by the person, and

(b)if different, the ethnic origins of the person as perceived by the constable.]

(7)[F7If a record of a search of a person has been made under this section,] the person who was searched shall be entitled to a copy of the record if he asks for one before the end of the period specified in subsection (9) below.

(8)If—

(a)the owner of a vehicle which has been searched or the person who was in charge of the vehicle at the time when it was searched asked for a copy of the record of the search before the end of the period specified in subsection (9) below; and

[F8(b)a record of the search of the vehicle has been made under this section,]

the person who made the request shall be entitled to a copy.

(9)The period mentioned in subsections (7) and (8) above is the period of [F93 months] beginning with the date on which the search was made.

(10)The requirements imposed by this section with regard to records of searches of vehicles shall apply also to records of searches of vessels, aircraft and hovercraft.

Textual Amendments

F1Words in s. 3(1) substituted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 1(2), 59(1); S.I. 2011/414, art. 2(a)

F2S. 3(2) substituted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 1(3), 59(1); S.I. 2011/414, art. 2(a)

F3S. 3(3)-(5) repealed (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 1(4), 59(1); S.I. 2011/414, art. 2(a)

F4S. 3(6)(a)(v) substituted for s. 3(6)(a)(v)(vi) (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 1(5)(a), 59(1); S.I. 2011/414, art. 2(a)

F5Words in s. 3(6)(b) substituted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 1(5)(b), 59(1); S.I. 2011/414, art. 2(a)

F6S. 3(6A) inserted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 1(6), 59(1); S.I. 2011/414, art. 2(a)

F7Words in s. 3(7) substituted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 1(7), 59(1); S.I. 2011/414, art. 2(a)

F8S. 3(8)(b) substituted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 1(8), 59(1); S.I. 2011/414, art. 2(a)

F9Words in s. 3(9) substituted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 1(9), 59(1); S.I. 2011/414, art. 2(a)

Modifications etc. (not altering text)

C1S. 3(1)(2) applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(c), Sch.