Police and Criminal Evidence Act 1984

67 Codes of practice—supplementary. E+W

[F1 (1) In this section, “code” means a code of practice under section 60, 60A or 66.

(2) The Secretary of State may at any time revise the whole or any part of a code.

(3) 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.

(4) Before issuing a code, or any revision of a code, the Secretary of State must consult—

(a) persons whom he considers to represent the interests of police authorities,

(b) persons whom he considers to represent the interests of chief officers of police,

(c) the General Council of the Bar,

(d) the Law Society of England and Wales,

(e) the Institute of Legal Executives, and

(f) such other persons as he thinks fit.

(5) A code, or a revision of a code, does not come into operation until the Secretary of State by order so provides.

(6) The power conferred by subsection (5) is exercisable by statutory instrument.

(7) An order bringing a code into operation may not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(7A) An order bringing a revision of a code into operation must be laid before Parliament if the order has been made without a draft having been so laid and approved by a resolution of each House.

(7B) When an order or draft of an order is laid, the code or revision of a code to which it relates must also be laid.

(7C) No order or draft of an order may be laid until the consultation required by subsection (4) has taken place.

(7D) An order bringing a code, or a revision of a code, into operation may include transitional or saving provisions.]

F2 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Persons other than police officers who are charged with the duty of investigating offences or charging offenders shall in the discharge of that duty have regard to any relevant provision of F3 . . . a code.

[F4 (9A) Persons on whom powers are conferred by—

(a) any designation under section 38 or 39 of the Police Reform Act 2002 (c. 30)(police powers for police authority employees), or

(b) any accreditation under section 41 of that Act (accreditation under community safety accreditation schemes),

shall have regard to any relevant provision of a code F5 . . . in the exercise or performance of the powers and duties conferred or imposed on them by that designation or accreditation.]

(10) A failure on the part—

(a) of a police officer to comply with any provision of F6 . . . a code; F7 . . .

(b) of any person other than a police officer who is charged with the duty of investigating offences or charging offenders to have regard to any relevant provision of F8 . . . a code in the discharge of that duty, [F9 , or

(c) of a person designated under section 38 or 39 or accredited under section 41 of the Police Reform Act 2002 (c. 30) to have regard to any relevant provision of F10 . . . a code in the exercise or performance of the powers and duties conferred or imposed on him by that designation or accreditation,]

shall not of itself render him liable to any criminal or civil proceedings.

(11) In all criminal and civil proceedings any F11 . . . code shall be admissible in evidence; and if any provision of F11 . . . 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.

(12) In this section “criminal proceedings” includes—

(a) proceedings in the United Kingdom or elsewhere before a court-martial constituted under the M1 Army Act 1955, the M2 Air Force Act 1955 or the M3 Naval Discipline Act 1957 F12 . . . ;

(b) proceedings before the Courts-Martial Appeal Court; and

(c) proceedings before a Standing Civilian Court.

Textual Amendments

F1 S. 67(1)-(7D) substituted (20.1.2004) for s. 67(1)-(7C) by Criminal Justice Act 2003 (c. 44), ss. 11(1), 336; S.I. 2004/81, art. 2(1)(2)(a)

F2 S. 67(8) repealed (1.4.1999) by 1996 c. 16, s. 103(3), Sch. 9 Pt. II; S.I. 1999/533, art. 2(a)

F3 Word in s. 67(9) 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)

F4 S. 67(9A) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 107, Sch. 7 para. 9(7); S.I. 2002/2750, art. 2(b)(ii)

F5 Words in s. 67(9A) 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)

F6 Word in s. 67(10)(a) 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)

F7 S. 67(10): the word "or" after paragraph (a) repealed (2.12.2002) by Police Reform Act 2002 (c. 30), s. 107, Sch. 8; S.I. 2002/2750, art. 2(b)(iii)(b)

F8 Word in s. 67(10)(b) 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)

F9 S. 67(10)(c) and preceding word "or" inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 107, Sch. 7 para. 9(8); S.I. 2002/2750, art. 2(b)(ii)

F10 Word in s. 67(10)(c) 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)

F11 Word in s. 67(11) 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)

F12 Words in s. 67(12)(a) repealed (28.2.2002) by 2001 c. 19, s. 38, Sch. 7 Pt. 1; S.I. 2002/345, art. 2 (subject to art. 3)

Modifications etc. (not altering text)

C1 S. 67(9) excluded (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 377(9)(a), 458; S.I. 2003/120, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended by S.I. 2003/333, art. 14 which in turn is amended by S.I. 2003/531, arts. 3 and 4))

Marginal Citations

M1 1955 c. 18.

M2 1955 c. 19.

M3 1957 c. 53.