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Statutory Instruments

2006 No. 2165

police, england and wales

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Code A) Order 2006

Made

3rd August 2006

Laid before Parliament

10th August 2006

Coming into force

31st August 2006

The Secretary of State makes the following Order in exercise of the powers conferred by section 67(5) of the Police and Criminal Evidence Act 1984(1).

The Secretary of State has consulted in accordance with section 67(4) of that Act.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Code A) Order 2006 and shall come into force on 31st August 2006.

(2) In this Order “PACE Code A” means the Police and Criminal Evidence Act 1984 Code of Practice for the exercise by: police officers of statutory powers of stop and search; police officers and police staff of requirements to record public encounters(2).

Revisions to PACE Code A

2.—(1) The revision of PACE Code A which was laid before Parliament on 10th August 2006 and which relates to paragraph 4 of that Code (recording requirements including recording of encounters not governed by statutory powers) shall come into operation on 31st August 2006.

(2) For the purposes of paragraph (1), the reference to paragraph 4 of PACE Code A includes the Notes for Guidance relating to that paragraph (Notes for Guidance 15 to 21 (recording)) and Annex D (use of an electronic receipt as an interim record of a stop or stop and search) which is inserted for the purposes of that paragraph.

Joan Ryan

Parliamentary Under-Secretary of State

Home Office

3rd August 2006

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation on 31st August 2006 the revision of paragraph 4 of the Police and Criminal Evidence Act 1984 Code of Practice for the exercise by: police officers of statutory powers of stop and search; police officers and police staff of requirements to record public encounters (“PACE Code A”) which was laid before Parliament on 10th August 2006. The revision of paragraph 4 of PACE Code A (recording requirements including recording of encounters not governed by statutory powers) enables constables of the British Transport Police operating from certain specified locations and exercising their powers throughout England and Wales to provide an electronic receipt rather than a full record when they undertake a stop or a stop and search. A full record will be made available to the person at a later time. In consequence of this revision, the applicable Notes for Guidance are revised and a new Annex D (use of an electronic receipt as an interim record of a stop or stop and search) is inserted into PACE Code A.

(1)

1984 c. 60. Section 67(1) to (7D) was substituted by section 11(1) of the Criminal Justice Act 2003 (c. 44).

(2)

The latest version of PACE Code A was brought into force by S.I. 2005/3503.