The Police and Criminal Evidence Act 1984 (Amendment: Qualifying Offences) Order 2013

Made28th October 2013

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the power conferred by section 65A(3) of the Police and Criminal Evidence Act 19841.

In accordance with section 65A(4) of that Act, a draft of this Order was laid before Parliament and was approved by a resolution of each House of Parliament.

Citation and commencement1

This Order may be cited as the Police and Criminal Evidence Act 1984 (Amendment: Qualifying Offences) Order 2013 and comes into force on the fourteenth day after the day on which it is made.

Amendment of the Police and Criminal Evidence Act 19842

1

Section 65A(2) of the Police and Criminal Evidence Act 1984 (qualifying offences) is amended as follows.

2

After paragraph (d) insert—

da
an offence of indecent exposure;
db
an offence under section 4 of the Vagrancy Act 18242, committed by a person by wilfully, openly, lewdly, and obscenely exposing his person with intent to insult any female;
dc
an offence under section 28 of the Town Police Clauses Act 18473, committed by a person by wilfully and indecently exposing his person;

3

After paragraph (f) insert—

fa
an offence under section 1 of the Infant Life (Preservation) Act 19294;

4

After paragraph (g) insert—

ga
an offence under section 1 of the Infanticide Act 19385;
gb
an offence under section 12 or 13 of the Sexual Offences Act 19566, other than an offence committed by a person where the other person involved in the conduct constituting the offence consented to it and was aged 16 or over;
gc
an offence under any other section of that Act, other than sections 18 and 32;
gd
an offence under section 128 of the Mental Health Act 19597;
ge
an offence under section 1 of the Indecency with Children Act 19608;

5

After paragraph (h) insert—

ha
an offence under section 5 of the Sexual Offences Act 19679;

6

After paragraph (j) insert—

ja
an offence under section 1(1) of the Genocide Act 196910;

7

After paragraph (k) insert—

ka
an offence under section 54 of the Criminal Law Act 197711;

8

After paragraph (n) insert—

na
an offence under section 1 of the Prohibition of Female Circumcision Act 198512;
nb
an offence under section 1 of the Public Order Act 198613;

9

After paragraph (o) insert—

oa
an offence under section 3 of the Sexual Offences (Amendment) Act 200014;
ob
an offence under section 51 of the International Criminal Court Act 200115;
oc
an offence under section 1, 2 or 3 of the Female Genital Mutilation Act 200316;

Taylor of HolbeachParliamentary Under-Secretary of StateHome Office28th October 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order adds various offences to the list of “qualifying offences” in section 65A of the Police and Criminal Evidence Act 1984. Under Part 5 of that Act, designation of an offence as a “qualifying offence” has implications for the circumstances in which a constable can require a person convicted of the offence to attend at a police station for the purpose of taking his fingerprints or a non-intimate sample, and has implications for the period for which such a person’s fingerprints or sample can be retained.