The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Codes C and H) Order 2014

Statutory Instruments

2014 No. 1237

Police, England And Wales

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Codes C and H) Order 2014

Made

14th May 2014

Laid before Parliament

14th May 2014

Coming into force

2nd June 2014

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(2).

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Codes C and H) Order 2014 and shall come into force on 2nd June 2014.

(2) In this Order “the Act” means the Police and Criminal Evidence Act 1984.

Revision of codes of practice

2.  The revised codes of practice laid before Parliament in connection with the matters referred to in section 66(1)(b) of the Act (detention, treatment and questioning of persons by police officers – Codes C and H) shall come into operation on 2nd June 2014.

Damian Green

Minister of State

Home Office

14th May 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force two revised codes of practice under the Police and Criminal Evidence Act 1984, which will supersede the corresponding existing codes of practice. The revised codes will be brought into operation on 2nd June 2014.

The purpose of the revisions to Code C is to implement obligations arising out of the EU Directive (2012/13/EU) on the right to information in criminal proceedings. In particular, Code C now requires that every detainee must be given a revised written notice setting out their rights and entitlements whilst they are in custody, which has been updated to reflect the new substantive rights conferred by the Directive. The revisions to Code H follow the changes which are being made to Code C for this purpose.

The codes of practice are published by the Stationery Office and copies may be obtained from its bookshops. The revised codes of practice will also be available on the Police and Criminal Evidence Act 1984 codes of practice pages of the gov.uk website. The revised codes are laid before Parliament with this Order.

(1)

1984 c. 60; subsections (1) to (7) of section 67 were substituted by section 11(1) of the Criminal Justice Act 2003 (c. 44).

(2)

Section 67(4)(a) and (b) was substituted by paragraph 1 of Schedule 4 to the Police and Justice Act 2006 (c. 48). Subsequently, section 67(4)(a), (aa) and (ab) was substituted for section 67(4)(a) by paragraphs 160, and 163(1) and (2) of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13).