Part 4 U.K.Police powers

Commencement Information

I1 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

General U.K.

Commencement Information

I2 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))

174 Interpretation U.K.

(1) Subsections (2) to (8) apply for the purposes of this Part.

(2) Each of these is an extradition arrest power—

(a) a Part 1 warrant in respect of which a certificate under section 2 has been issued;

(b) section 5;

(c) a warrant issued under section 71;

(d) a provisional warrant;

[F1 (e)section 74A.]

(3) “Excluded material”—

(a) in England and Wales, has the meaning given by section 11 of the 1984 Act;

(b) in Northern Ireland, has the meaning given by Article 13 of the 1989 Order.

(4) “Items subject to legal privilege”—

(a) in England and Wales, has the meaning given by section 10 of the 1984 Act;

(b) in Scotland, has the meaning given by section 412 of the 2002 Act;

(c) in Northern Ireland, has the meaning given by Article 12 of the 1989 Order.

(5) “Premises”—

(a) in England and Wales, has the meaning given by section 23 of the 1984 Act;

(b) in Scotland, has the meaning given by section 412 of the 2002 Act;

(c) in Northern Ireland, has the meaning given by Article 25 of the 1989 Order.

(6) “Special procedure material”—

(a) in England and Wales, has the meaning given by section 14 of the 1984 Act;

(b) in Northern Ireland, has the meaning given by Article 16 of the 1989 Order.

(7) The expressions in subsection (8) have the meanings given—

(a) in England and Wales, by section 65 of the 1984 Act;

(b) in Northern Ireland, by Article 53 of the 1989 Order.

(8) The expressions are—

(a) appropriate consent;

(b) fingerprints;

(c) intimate search;

(d) non-intimate sample.

(9) The 1984 Act is the Police and Criminal Evidence Act 1984 (c. 60).

(10) The 1989 Order is the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

(11) The 2002 Act is the Proceeds of Crime Act 2002 (c. 29).

Textual Amendments

F1 S. 174(2)(e) inserted (31.12.2020) by Extradition (Provisional Arrest) Act 2020 (c. 18), s. 2(4), Sch. para. 19; S.I. 2020/1652, reg. 2(1)(b)

Commencement Information

I3 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))