Criminal Justice and Public Order Act 1994

[F1 Part 1 U.K. Arrests in respect of offences committed in England and Wales

Textual Amendments

F1 Sch. 7B inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 16; S.I. 2018/227, art. 2(g)

1 (1) This Part sets out the modifications mentioned in section 137D(2), that is, modifications of the provisions which apply in relation to persons arrested under section 137A in respect of a specified offence committed in England and Wales. U.K.

(2) Except as expressly provided by this Part, a reference to a constable in any of those provisions is to be read as a reference to a constable of the arresting force.

(3) In this Part, references to the arresting force and the investigating force have the same meaning as in section 137C (see subsection (8) of that section).

2 (1) Section 56 of the Police and Criminal Evidence Act 1984 (right to have someone informed when arrested) is modified as follows. U.K.

(2) Subsection (1) is to be read as if (instead of referring to the case where a person has been arrested and is being held in custody in a police station or other premises) it referred to the case where a person has been arrested under section 137A and is being detained under section 137C.

(3) Subsection (2)(a) does not apply.

(4) Subsection (2)(b) is to be read as if (instead of referring to an officer of at least the rank of inspector) it referred—

(a) in relation to delay during the period of 24 hours beginning with the time of the arrest under section 137A, to an officer of the investigating force of at least the rank of inspector;

(b) in relation to delay during any remaining period for which the person may be detained under section 137C, to an officer of the investigating force of a rank above that of inspector.

(5) Subsection (3) does not apply.

(6) The reference in subsection (5)(a) to an indictable offence is to be read as a reference to an offence that is an indictable offence under the law of England and Wales.

(7) Subsection (5A)(a) is to be read as if (instead of referring to the person detained for the indictable offence) it referred to the person detained under section 137C.

(8) Subsection (6)(b) is to be read as if (instead of referring to a person’s custody record) it referred to the record made by the arresting force in relation to the person’s arrest under section 137A and detention under section 137C.

(9) Subsection (8) is to be read as if (instead of referring to a person detained at a police station or other premises) it referred to a person detained under section 137C.

3 (1) Section 58 of the Police and Criminal Evidence Act 1984 (access to legal advice) is modified as follows. U.K.

(2) Subsection (1) is to be read as if (instead of referring to a person held in custody in a police station or other premises) it referred to a person detained under section 137C.

(3) Subsections (2) and (9)(b) are to be read as if (instead of referring to a person’s custody record) they referred to the record made by the arresting force in relation to the person’s arrest under section 137A and detention under section 137C.

(4) Subsections (3) and (5) do not apply.

(5) Subsection (6)(a) does not apply.

(6) The reference in subsection (6)(b) to an officer of at least the rank of superintendent is to be read as a reference to an officer of at least that rank in the investigating force.

(7) The reference in subsection (8)(a) to an indictable offence is to be read as a reference to an indictable offence under the law of England and Wales.

(8) Subsection (8A)(a) is to be read as if (instead of referring to the person detained for the indictable offence) it referred to the person detained under section 137C.

4 (1) Section 34 of the Children and Young Persons Act 1933 (attendance at court of parent of child or young person charged with an offence, etc) is modified as follows. U.K.

(2) Subsection (2) is to be read as if (instead of referring to the case where a child or young person is in police detention) it referred to the case where a child or young person is being detained under section 137C.

(3) Subsection (3) is to be read as if (in addition to the information mentioned in paragraphs (a) to (c)) it also mentioned the information set out in section 137D(1)(a) and (b).

(4) The reference in subsection (9) to a child’s or young person’s rights under section 56 of the Police and Criminal Evidence Act 1984 is to be read as a reference to that section as modified by this Schedule.]