Police and Criminal Evidence Act 1984
An Act to make further provision in relation to the powers and duties of the police, persons in police detention, criminal evidence, police discipline and complaints against the police; to provide for arrangements for obtaining the views of the community on policing and for a rank of deputy chief constable; to amend the law relating to the Police Federations and Police Forces and Police Cadets in Scotland; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I – Powers to Stop and Search
1. Power of constable to stop and search persons, vehicles etc.
2. Provisions relating to search under section 1 and other powers.
3. Duty to make records concerning searches.
4. Road checks.
5. Reports of recorded searches and of road checks.
Part II – Powers of Entry, Search and Seizure
Search warrants
8. Power of justice of the peace to authorise entry and search of premises.
9. Special provisions as to access.
10. Meaning of “items subject to legal privilege”.
11. Meaning of “excluded material”.
12. Meaning of “personal records”.
13. Meaning of “journalistic material”.
14. Meaning of “special procedure material”.
15. Search warrants—safeguards.
Entry and search without search warrant
17. Entry for purpose of arrest etc.
Seizure etc.
19. General power of seizure etc.
20. Extension of powers of seizure to computerised information.
22. Retention.
Supplementary
Part III – Arrest
24A. Arrest without warrant: other persons
25.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26. Repeal of statutory powers of arrest without warrant or order.
27. Fingerprinting of certain offenders.
28. Information to be given on arrest.
29. Voluntary attendance at police station etc.
30. Arrest elsewhere than at police station.
30A. Release of a person arrested elsewhere than at police station
30B…. section 30A: notices
30C…. section 30A: supplemental
30CA. Bail under section 30A: variation of conditions by police
30CB. Bail under section 30A: variation of conditions by court
30D. Failure to answer to bail under section 30A
31. Arrest for further offence.
33. Execution of warrant not in possession of constable.
Part IV – Detention
Detention—conditions and duration
34. Limitations on police detention.
35. Designated police stations.
36. Custody officers at police stations.
37. Duties of custody officer before charge.
37A. Guidance
37B. Consultation with the Director of Public Prosecutions
37C. Breach of bail following release under section 37(7)(a)
37CA. Breach of bail following release under section 37(7)(b)
37D. Release on bail under section 37: further provision
38. Duties of custody officer after charge.
39. Responsibilities in relation to persons detained.
40. Review of police detention.
40A. Use of telephone for review under s. 40
41. Limits on period of detention without charge.
42. Authorisation of continued detention.
43. Warrants of further detention.
44. Extension of warrants of further detention.
45. Detention before charge—supplementary.
Use of live links
45ZA. Functions of extending detention: use of live links
45ZB. Warrants for further detention: use of live links
45A. Use of live links for other decisions about detention
Detention—miscellaneous
46ZA. Persons granted live link bail
46A. Power of arrest for failure to answer to police bail.
47ZZA. Duty to seek views of alleged victims on conditions of pre-charge bail
47ZA. Limits on period of bail without charge
47ZB.Applicable bail period: initial limit
47ZC. Applicable bail period: conditions A to D in sections 47ZD to 47ZG
47ZD. Applicable bail period: extension of initial limit in standard cases
47ZDA.Applicable bail period: further extension of limit in standard cases
47ZDB.Applicable bail period: extension of limit in non-standard cases
47ZE. Applicable bail period: extension of limit in designated cases
47ZF. Applicable bail period: first extension of limit by court
47ZG. Applicable bail period: subsequent extensions of limit by court
47ZH. Sections 47ZF and 47ZG: withholding sensitive information
47ZI. Sections 47ZF to 47ZH: proceedings in magistrates’ court
47ZJ. Sections 47ZF and 47ZG: late applications to magistrates’ court
47ZK. Rules
47ZM. Applicable bail period: special cases of release on bail under section 30A and periods in hospital
47A. Early administrative hearings conducted by justices’ clerks.
48. Remands to police detention.
49. Police detention to count towards custodial sentence.
50A. Interpretation of references to pre-conditions for bail
50B. Guidance from the College of Policing on pre-charge bail
51. Savings.
52.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part V – Questioning and Treatment of Persons by Police
53. Abolition of certain powers of constables to search persons.
54. Searches of detained persons.
54A. Searches and examination to ascertain identity
54B. Searches of persons answering to live link bail
54C. Power to retain articles seized
55A. X-rays and ultrasound scans
56. Right to have someone informed when arrested.
59.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
60. Audio recording of interviews.
60A. Visual recording of interviews
60B. Notification of decision not to prosecute person interviewed
61. Finger-printing.
63. Other samples.
63A. Fingerprints and samples: supplementary provisions.
63AA. Inclusion of DNA profiles on National DNA Database
63AB. National DNA Database Strategy Board
63B. Testing for presence of Class A drugs.
63C. Testing for presence of Class A drugs: supplementary.
63D. Destruction of fingerprints and DNA profiles
63E. Retention of section 63D material pending investigation or proceedings
63F. Retention of section 63D material: persons arrested for or charged with a qualifying offence
63G. Retention of section 63D material by virtue of section 63F(5): consent of Commissioner
63H. Retention of section 63D material: persons arrested for or charged with a minor offence
63I. Retention of material: persons convicted of a recordable offence
63J. Retention of material: persons convicted of an offence outside England and Wales: other cases
63K. Retention of section 63D material: exception for persons under 18 convicted of first minor offence
63L. Retention of section 63D material: persons given a penalty notice
63M. Retention of section 63D material for purposes of national security
63N. Retention of section 63D material given voluntarily
63O. Retention of section 63D material with consent
63P. Retention of 63D material in connection with different offence
63PA. Retention of further sets of fingerprints
63Q. Destruction of copies of section 63D material
63S.Destruction of impressions of footwear
63U. Exclusions for certain regimes
64ZA. Destruction of samples
64ZB. Destruction of data given voluntarily
64ZC. Destruction of data relating to a person subject to a control order
64ZD. Destruction of data relating to persons not convicted
64ZF. Destruction of data relating to persons under 16 not convicted: qualifying offences
64ZG.Destruction of data relating to persons aged 16 or 17 not convicted: qualifying offences
64ZI. Sections 64ZB to 64ZH: supplementary provision
64ZJ. Destruction of fingerprints taken under section 61(6A)
64ZK. Retention for purposes of national security
64ZL. Retention with consent
64ZM. Destruction of copies, and notification of destruction
64ZN. Use of retained material
64A. Photographing of suspects etc.
65A. “Qualifying offence”
65B. Persons convicted of an offence”
Part VI – Codes of Practice—General
67. Codes of practice—supplementary.
Part VII – Documentary Evidence in Criminal Proceedings
68.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
69. Evidence from computer records.
70. Provisions supplementary to sections 68 and 69.
Part VIII – Evidence in Criminal Proceedings—General
Convictions and acquittals
73. Proof of convictions and acquittals.
74. Conviction as evidence of commission of offence.
75. Provisions supplementary to section 74.
Confessions
76A. Confessions may be given in evidence for co-accused
Miscellaneous
78. Exclusion of unfair evidence.
79. Time for taking accused’s evidence.
80. Competence and compellability of accused’s spouse or civil partner.
80A. Rule where accused’s spouse or civil partner not compellable.
Part VIII—supplementary
Part IX – Police Complaints and Discipline
The Police Complaints Authority
Handling of complaints etc.
84. Preliminary.
85. Investigation of complaints: standard procedure.
86. Investigation of complaints against senior officers.
87. References of complaints to Authority.
88. References of other matters to Authority.
89. Supervision of investigations by Authority.
90. Steps to be taken after investigation—general.
91. Steps to be taken where accused has admitted charges.
92. Powers of Authority to direct reference of reports etc. to Director of Public Prosecutions.
93. Powers of Authority as to disciplinary charges.
95. Information as to the manner of dealing with complaints etc.
96. Constabularies maintained by authorities other than police authorities.
97. Reports.
98. Restrictions on disclosure of information.
99. Regulations.
100. Regulations—supplementary.
Amendments of discipline provisions
102. Representation at disciplinary proceedings.
General
104. Restrictions on subsequent proceedings.
105. Guidelines concerning discipline, complaints, etc.
Part X – Police—General
106. Arrangements for obtaining the views of the community on policing.
107. Police officers performing duties of higher rank.
109. Amendments relating to Police Federations.
110. Functions of special constables in Scotland.
111. Regulations for Police Forces and Police Cadets—Scotland.
112. Metropolitan police officers.
Part XI – Miscellaneous and Supplementary
113. Application of Act to Armed Forces.
114. Application of Act to Revenue and Customs
114ZA. Application of Act to Welsh Revenue Authority
114A. Power to apply Act to officers of the Secretary of State etc.
114B. Application of Act to enforcement officers
114C.Power to apply Act to food crime officers
115. Expenses.
116. Meaning of “serious arrestable offence”.
117. Power of constable to use reasonable force.
118. General interpretation.
119. Amendments and repeals.
120. Extent.
121. Commencement.
122. Short title.
SCHEDULES – (Not Available Now)
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