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Policing and Crime Act 2009

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Status:

Point in time view as at 12/01/2010.

Changes to legislation:

There are currently no known outstanding effects for the Policing and Crime Act 2009, Cross Heading: Staff custody officers. Help about Changes to Legislation

Staff custody officersU.K.

123(1)The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.U.K.

(2)In section 30CA (bail under section 30A: variation of conditions by police), in subsection (5) omit the following—

(a)in paragraph (a)—

(i)“, or a person designated as a staff custody officer under section 38 of the Police Reform Act 2002,”, and

(ii)“or officer”, and

(b)in paragraph (b), “or officer”.

(3)In section 36 (custody officers at police stations)—

(a)for subsection (3) substitute—

(3)No officer may be appointed a custody officer unless the officer is of at least the rank of sergeant.,

(b)in subsection (5) for “an individual” substitute “ an officer ”,

(c)in subsection (7)—

(i)in paragraph (a), omit “or a staff custody officer” and for “such a person” substitute “ such an officer ”, and

(ii)in paragraph (b), for “such person” substitute “ such officer ”,

(d)in subsection (8) for “a person” substitute “ an officer ”, and

(e)omit subsection (11).

(4)In section 39 (responsibilities in relation to persons detained)—

(a)in subsection (6)(a) omit “(or, if the custody officer is a staff custody officer, any police officer or any police employee)”, and

(b)omit subsection (7).

(5)In section 55 (intimate searches), in the definition of “appropriate officer” in subsection (17), omit paragraph (c) and the “or” immediately before it.

124(1)The Police and Criminal Evidence (Northern Ireland) Order 1989 (S. I. 1989/1341 (N. I. 12)) is amended as follows.U.K.

(2)In Article 37 (custody officers at police stations)—

(a)for paragraph (3) substitute—

(3)No police officer may be appointed a custody officer unless the officer is of at least the rank of sergeant.,

(b)in paragraph (5) for “an individual” substitute “ an officer ”,

(c)in paragraph (7)—

(i)in sub-paragraph (a) omit “or a staff custody officer” and for “such a person” substitute “ such an officer ”, and

(ii)in sub-paragraph (b) for “such person” substitute “ such officer ”,

(d)in paragraph (8) for “a person” substitute “ an officer ”, and

(e)omit paragraph (11).

(3)In Article 40 (responsibilities in relation to persons detained)—

(a)in paragraph (6)(a) omit “(or, if the custody officer is a staff custody officer, any police officer or any member of the police support staff)”, and

(b)omit paragraph (7).

125(1)The Police Reform Act 2002 (c. 30) is amended as follows.U.K.

(2)In section 38 (police powers for police authority employees) omit the following—

(a)subsection (2)(e),

(b)subsection (6)(e), and

(c)subsection (10).

(3)In Schedule 4 (powers exercisable by police civilians)—

(a)omit Part 4A, and

(b)in paragraph 36(2A), for “Parts 2 and 4A” substitute “ Part 2 ”.

126(1)The Police (Northern Ireland) Act 2003 (c. 6) is amended as follows.U.K.

(2)In section 30 (police powers for designated police support staff), omit the following—

(a)subsection (1)(d),

(b)subsection (6)(d), and

(c)subsection (11).

(3)In Schedule 2 (powers exercisable by designated persons) omit Part 3A.

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