Police Reform Act 2002

Where a designation applies this paragraph to any person, the requirement by virtue of section 62(5)(c) of the 1984 Act (intimate samples) that a person must be informed by an officer that a sample taken from him may be the subject of a speculative search shall be capable of being discharged, in the case of a person in a police station in the relevant police area, by his being so informed by the person to whom this paragraph applies.

Non-intimate samples

31

Where a designation applies this paragraph to any person—

• (a) he shall have the power of a constable under section 63 of the 1984 Act (non-intimate samples), in the case of a person in a police station in the relevant police area, to take a non-intimate sample without the appropriate consent;

• (b) the requirement by virtue of subsection (6) of that section (information about authorisation) that a person must be informed by an officer of the matters mentioned in that subsection shall be capable of being discharged, in the case of an authorisation in relation to a person in a police station in the relevant police area, by his being so informed by the person to whom this paragraph applies; and

• (c) the requirement by virtue of subsection (8B)(a) of that section that a person must be informed by an officer that a sample taken from him may be the subject of a speculative search shall be capable of being discharged, in the case of a person in such a police station, by his being so informed by the person to whom this paragraph applies.

Attendance at police station for the taking of a sample

32

Where a designation applies this paragraph to any person, he shall, as respects any police station in the relevant police area, have the power of a constable under Schedule 2A to the 1984 Act (fingerprinting and samples: power to require attendance at a police station) to require a person to attend a police station in order to have a sample taken.

Photographing persons in police detention

33

Where a designation applies this paragraph to any person, he shall, at police stations in the relevant police area, have the power of a constable under section 64A of the 1984 Act (photographing of suspects etc.) to take a photograph of a person detained at a police station.

Part 4 — Escort Officers

Power to take an arrested person to a police station

34

• (1) Where a designation applies this paragraph to any person—

• (a) the persons who, in the case of a person arrested by a constable in the relevant police area, are authorised for the purposes of subsection (1A) of section 30 of the 1984 Act (procedure on arrest of person elsewhere than at a police station) to take the person arrested to a police station in that area shall include that person;

• (b) that section shall have effect in relation to the exercise by that person of the power conferred by virtue of paragraph (a) as if the references to a constable in subsections (3), (4)(a) and (10) (but not the references in subsections (5) to (9)) included references to that person; and

• (c) a person who is taking another person to a police station in exercise of the power conferred by virtue of paragraph (a)—

• (i) shall be treated for all purposes as having that person in his lawful custody;

• (ii) shall be under a duty to keep the person under control and to prevent his escape; and

• (iii) shall be entitled to use reasonable force to keep that person in his charge and under his control .

• (d) a person who has taken another person to a police station in exercise of the power conferred by virtue of paragraph (a)—

• (i) shall be under a duty to remain at the police station until he has transferred control of the other person to the custody officer at the police station;

• (ii) until he has so transferred control of the other person, shall be treated for all purposes as having that person in his lawful custody;

• (iii) for so long as he is at the police station or in its immediate vicinity in compliance with, or having complied with, his duty under sub-paragraph (i), shall be under a duty to prevent the escape of the other person and to assist in keeping him under control; and

• (iv) shall be entitled to use reasonable force for the purpose of complying with his duty under sub-paragraph (iii).

• (2) Without prejudice to any application of paragraph 26, where a person has another in his lawful custody by virtue of sub-paragraph (1) of this paragraph—

• (a) he shall have the same powers under subsections (6A) and (6B) of section 54 of the 1984 Act (non-intimate searches) as a constable has in the case of a person in police detention—

• (i) to carry out a search of the other person; and

• (ii) to seize or retain, or cause to be seized or retained, anything found on such a search;

• (b) subsections (6C) and (9) of that section (restrictions on power to seize personal effects and searches to be carried out by a member of the same sex) shall apply to the exercise by a person to whom this paragraph is applied of any power exercisable by virtue of this sub-paragraph as they apply to the exercise of the power in question by a constable.

Escort of persons in police detention

35

• (1) Where a designation applies this paragraph to any person, that person may be authorised by the custody officer for any designated police station in the relevant police area to escort a person in police detention—

• (a) from that police station to another police station in that or any other police area; or

• (b) from that police station to any other place specified by the custody officer and then either back to that police station or on to another police station in that area or in another police area.

• (2) Where a designation applies this paragraph to any person, that person may be authorised by the custody officer for any designated police station outside the relevant police area to escort a person in police detention—

• (a) from that police station to a designated police station in that area; or

• (b) from that police station to any place in that area specified by the custody officer and either back to that police station or on to another police station (whether in that area or elsewhere).

• (3) A person who is escorting another in accordance with an authorisation under sub-paragraph (1) or (2)—

• (a) shall be treated for all purposes as having that person in his lawful custody;

• (b) shall be under a duty to keep the person under control and to prevent his escape; and

• (c) shall be entitled to use reasonable force to keep that person in his charge and under his control .

• (3A) A person who has escorted another person to a police station or other place in accordance with an authorisation under sub-paragraph (1) or (2) —

• (a) shall be under a duty to remain at the police station or other place until he has transferred control of the other person to a custody officer or other responsible person there;

• (b) until he has so transferred control of the other person, shall be treated for all purposes as having that person in his lawful custody;

• (c) for so long as he is at the police station or other place, or in its immediate vicinity, in compliance with, or having complied with, his duty under paragraph (a), shall be under a duty to prevent the escape of the other person and to assist in keeping him under control; and

• (d) shall be entitled to use reasonable force for the purpose of complying with his duty under paragraph (c).

• (4) Without prejudice to any application of paragraph 26, where a person has another in his lawful custody by virtue of sub-paragraph (3) of this paragraph—

• (a) he shall have the same powers under subsections (6A) and (6B) of section 54 the 1984 Act (non-intimate searches) as a constable has in the case of a person in police detention—

• (i) to carry out a search of the other person; and

• (ii) to seize or retain, or cause to be seized or retained, anything found on such a search;

• (b) subsections (6C) and (9) of that section (restrictions on power to seize personal effects and searches to be carried out by a member of the same sex) shall apply to the exercise by a person to whom this paragraph is applied of any power exercisable by virtue of this sub-paragraph as they apply to the exercise of the power in question by a constable.

• (5) Section 39(2) of that Act (responsibilities of custody officer transferred to escort) shall have effect where the custody officer for any police station transfers or permits the transfer of any person to the custody of a person who by virtue of this paragraph has lawful custody outside the police station of the person transferred as it would apply if the person to whom this paragraph applies were a police officer.

Part 5 — Interpretation of Schedule

36

• (1) In this Schedule “the relevant police area”—

• (a) in relation to a person designated under section 39 by the chief officer of any police force, means the police area for which that force is maintained; . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In Parts 3 and 4 of this Schedule “a designation” means a designation under section 39.

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Expressions used in this Schedule and in the 1984 Act have the same meanings in this Schedule as in that Act.

SCHEDULE 5

Power to issue fixed penalty notices

1

• (1) An accredited person whose accreditation specifies that this paragraph applies to him shall have the powers specified in sub-paragraph (2) in relation to any individual who he has reason to believe has committed or is committing a relevant fixed penalty offence at a place within the relevant police area.

• (2) Those powers are the following powers so far as exercisable in respect of a relevant fixed penalty offence—

• (a) the power of a constable in uniform to give a person a fixed penalty notice under section 54 of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalty notices) in respect of an offence under section 72 of the Highway Act 1835 (c. 50) (riding on a footway) committed by cycling;

• (aa) the powers of a constable ... to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (fixed penalty notices in respect of offences of disorder) . . . ;

• (ab) the power of a constable to give a penalty notice under section 444A of the Education Act 1996 (penalty notice in respect of failure to secure regular attendance at school of registered pupil);

• (ac) the power of a constable to give a penalty notice under section 105 of the Education and Inspections Act 2006 (penalty notice in respect of presence of excluded pupil in public place);

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ba) the power of an authorised officer of a local authority to give a notice under section 43(1) of the Anti-social Behaviour Act 2003 (penalty notices in respect of graffiti or fly-posting); and

• (c) the power of an authorised officer of a litter authority to give a notice under section 88 of the Environmental Protection Act 1990 (c. 43) (fixed penalty notices in respect of litter)

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) The reference to the powers mentioned in sub-paragraph (2)(aa) does not include those powers so far as they relate to an offence under the provisions in the following list—

• section 12 of the Licensing Act 1872,

• section 91 of the Criminal Justice Act 1967,

• section 1 of the Theft Act 1968,

• section 1(1) of the Criminal Damage Act 1971,

• section 87 of the Environmental Protection Act 1990.

• (3) In this paragraph “relevant fixed penalty offence”, in relation to an accredited person, means an offence which—

• (a) is an offence by reference to which a notice may be given to a person in exercise of any of the powers mentioned in sub-paragraph (2)(a) to (d) ; and

• (b) is specified or described in that person’s accreditation as an offence he has been accredited to enforce.

• (3A) For the purposes of paragraph (f) of section 64A(1B) of the Police and Criminal Evidence Act 1984 (photographing of suspects in relation to fixed penalty offences) “relevant fixed penalty offence”, in relation to an accredited person, includes an offence under a relevant byelaw within the meaning of paragraph 1A(4) (and, accordingly, the reference in that paragraph (f) to paragraph 1 of this Schedule includes a reference to paragraph 1A of this Schedule).

• (4) In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in sub-paragraph (2)(ab) or (ac) , sub-paragraph (1) shall have effect as if for the words from “who he has reason to believe” to the end there were substituted “in the relevant police area who he has reason to believe has committed or is committing a relevant fixed penalty offence”.

Power to require giving of name and address

2

• (1) Where an accredited person whose accreditation specifies that this paragraph applies to him has reason to believe that another person has committed a relevant offence in the relevant police area, he may require that other person to give him his name and address.

• (2) A person who fails to comply with a requirement under sub-paragraph (1) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

• (3) In this paragraph “relevant offence”, in relation to any accredited person, means any offence which is—

• (a) a relevant fixed penalty offence for the purposes of any powers exercisable by the accredited person by virtue of paragraph 1; or

• (aa) an offence under section 3 or 4 of the Vagrancy Act 1824; or

• (aza) an offence under a relevant byelaw within the meaning of paragraph 1A(4); or

• (b) an offence the commission of which appears to the accredited person to have caused—

• (i) injury, alarm or distress to any other person; or

• (ii) the loss of, or any damage to, any other person’s property;

but the accreditation of an accredited person may provide that an offence is not to be treated as a relevant offence by virtue of paragraph (b) unless it satisfies such other conditions as may be specified in the accreditation.

• (4) In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in paragraph 1(2)(ab) or (ac), sub-paragraph (1) of this paragraph shall have effect as if for the words “has committed a relevant offence in the relevant police area” there were substituted “in the relevant police area has committed a relevant offence”.

Power to require name and address of person acting in an anti-social manner

3

• (1) An accredited person whose accreditation specifies that this paragraph applies to him shall, in the relevant police area, have the powers of a constable in uniform under section 50 to require a person whom he has reason to believe to have been engaging, or to be engaging, in anti-social behaviour to give his name and address.

• (2) In sub-paragraph (1), “anti-social behaviour” has the meaning given by section 2 of the Anti-social Behaviour, Crime and Policing Act 2014 (ignoring subsection (2) of that section).

Alcohol consumption in designated public places

4

An accredited person whose accreditation specifies that this paragraph applies to him shall, within the relevant police area, have the powers of a constable under section 12 of the Criminal Justice and Police Act 2001 (c. 16) (alcohol consumption in public places)—

• (a) to impose a requirement under subsection (2) of that section; and

• (b) to dispose under subsection (3) of that section of anything surrendered to him;

and that section shall have effect in relation to the exercise of those powers by that person as if the references to a constable in subsections (1) and (5) were references to the accredited person.

Confiscation of alcohol

5

An accredited person whose accreditation specifies that this paragraph applies to him shall, within the relevant police area, have the powers of a constable under section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (c. 33) (confiscation of intoxicating liquor)—

• (a) to impose a requirement under subsection (1) or (1AA) of that section; and

• (b) to dispose under subsection (2) of that section of anything surrendered to him;

and that section shall have effect in relation to the exercise of those powers by that person as if the references to a constable in subsections (1), (1AA) and (4) (but not the reference in subsection (1AB) (removal)) were references to the accredited person.

Confiscation of tobacco etc.

6

• (1) An accredited person whose accreditation specifies that this paragraph applies to him shall, within the relevant police area, have—

• (a) the power to seize anything that a constable in uniform has a duty to seize under subsection (3) of section 7 of the Children and Young Persons Act 1933 (c. 12) (seizure of tobacco etc. from young persons); and

• (b) the power to dispose of anything that a constable may dispose of under that subsection;

and the power to dispose of anything shall be a power to dispose of it in such manner as the relevant employer of the accredited person may direct.

• (2) In this paragraph “relevant employer”, in relation to an accredited person, means the person with whom the chief officer of police for the relevant police area has entered into arrangements under section 40.

Abandoned vehicles

7

An accredited person whose accreditation specifies that this paragraph applies to him shall have all such powers in the relevant police area as are conferred on accredited persons by regulations under section 99 of the Road Traffic Regulation Act 1984 (c. 27) (removal of abandoned vehicles).

Power to stop vehicle for testing

8

A person whose accreditation specifies that this paragraph applies to him shall, within the relevant police area, have the power of a constable in uniform to stop a vehicle under subsection (3) of section 67 of the Road Traffic Act 1988 (c. 52) for the purposes of a test under subsection (1) of that section.

Power to control traffic for purposes of escorting a load of exceptional dimensions

9

• (1) A person whose accreditation specifies that this paragraph applies to him shall have, for the purpose of escorting a vehicle or trailer carrying a load of exceptional dimensions either to or from the relevant police area, the power of a constable engaged in the regulation of traffic in a road—

• (a) to direct a vehicle to stop;

• (b) to make a vehicle proceed in, or keep to, a particular line of traffic; and

• (c) to direct pedestrians to stop.

• (2) Sections 35 and 37 of the Road Traffic Act 1988 (offences of failing to comply with directions of constable engaged in regulation of traffic in a road) shall have effect in relation to the exercise of those powers for the purpose mentioned in sub-paragraph (1) by a person whose accreditation specifies that this paragraph applies to him as if the references to a constable engaged in regulation of traffic in a road were references to that person.

• (3) The powers conferred by virtue of this paragraph may be exercised in any police area in England and Wales.

• (4) In this paragraph “vehicle or trailer carrying a load of exceptional dimensions” means a vehicle or trailer the use of which is authorised by an order made by the Secretary of State under section 44(1)(d) of the Road Traffic Act 1988.

Meaning of “relevant police area”

10

In this Schedule “the relevant police area”, in relation to an accredited person, means the police area for which the police force whose chief officer granted his accreditation is maintained.

SCHEDULE 6

The following is the Schedule inserted in the 1984 Act after Schedule 1—

SCHEDULE 7

Police (Scotland) Act 1967

1

• (1) In subsection (1) of section 38A of the Police (Scotland) Act 1967 (c. 77) (police officers engaged on service outside their force), after paragraph (aa) there shall be inserted—

(ab) temporary service on which a person is engaged in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002 (c. 30) (service with the Independent Police Complaints Commission);

.

• (2) In subsection (6)(a) of that section, after “paragraph (a),” there shall be inserted “ (aa), ”.

Superannuation Act 1972

2

• (1) In Schedule 1 to the Superannuation Act 1972 (c. 11) (kinds of employment to which that Act applies), at the appropriate place in the entries under the heading “Royal Commissions and other Commissions”, there shall be inserted—

Independent Police Complaints Commission.

• (2) In that Schedule, in the entries under the heading “Other bodies”, the words “Police Complaints Authority.” shall be omitted.

Juries Act 1974

3

In Part 1 of Schedule 1 to the Juries Act 1974 (c. 23) (ineligibility for jury service), in Group B, after the entry relating to the Criminal Cases Review Commission there shall be inserted—

Chairman and members of the Independent Police Complaints Commission and any member of its staff who is not otherwise ineligible.

Rehabilitation of Offenders Act 1974

4

In section 7(2)(bb) of the Rehabilitation of Offenders Act 1974 (c. 53) (limitations on rehabilitations under Act etc.), for “a sex offender order under section 2 or, as the case may be, 20” there shall be substituted “ an order under section 2, 2A or 20 ”.

House of Commons Disqualification Act 1975

5

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (bodies of which all members are disqualified)—

• (a) at the appropriate place, there shall be inserted—

The Independent Police Complaints Commission. ; and

• (b) the words “The Police Complaints Authority.” shall be omitted.

Northern Ireland Assembly Disqualification Act 1975

6

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (c. 25) (bodies of which all members are disqualified)—

• (a) at the appropriate place, there shall be inserted—

The Independent Police Complaints Commission. ; and

• (b) the words “The Police Complaints Authority.”shall be omitted.

The Police Pensions Act 1976

7

• (1) Section 11 of the Police Pensions Act 1976 (c. 35) (interpretation) shall be amended as follows.

• (2) In subsection (2) (meaning of “police authority” in relation to pensions)—

• (a) in paragraph (b), for “(c)”, in the second place where it occurs, there shall be substituted “ (ba) ”;

• (b) after paragraph (b) there shall be inserted—

(ba) in relation to service of the kind described in section 97(1)(aa) of the Police Act 1996 (c. 16) or section 38A(1)(aa) of the Police (Scotland) Act 1967 (c. 77), it means the Independent Police Complaints Commission;

• (c) in paragraph (c), for “subsection (ba) or (bc) above” there shall be substituted “ paragraph (ba) or (bc) of subsection (1) ”;

• (d) in paragraph (d), for “subsection (bb) or (bd) above” there shall be substituted “ paragraph (bb) or (bd) of subsection (1) ”;

• (e) in paragraph (da), for “subsection (be)” there shall be substituted “ subsection (1)(be) ”.

• (3) In subsection (5) of that section, in the definition of “central service”, in each of paragraphs (a) and (b), after “paragraph” there shall be inserted “ (aa), ”.

• (4) After that subsection, there shall be inserted—

(6) References in this Act to the Director General of the National Criminal Intelligence Service and to his service have effect only in relation to cases in which the person in question was a serving police officer for the purposes of section 6 of the Police Act 1997 (c. 50) immediately before his appointment to that office took effect.

Rehabilitation of Offenders (Northern Ireland) Order 1978

8

In Article 8(2) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/ 1908 (N.I. 27)) (limitations on rehabilitation under Order etc.), after sub-paragraph (b) there shall be inserted—

(bb) in any proceedings on an application for an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)) or in any appeal against the making of such an order;

.

The 1984 Act

9

• (1) In section 18(5) of the 1984 Act (power of constable to conduct search of an arrested person’s premises before taking him to a police station), for “taking the person” there shall be substituted “ the person is taken ”.

• (2) In section 54A(6) of that Act (persons entitled to carry out search or examination or to take photographs), for paragraphs (a) and (b) and the words after paragraph (b) there shall be substituted “ constables ”.

• (3) In section 61 of that Act (fingerprinting), before subsection (9) there shall be inserted—

(8B) The power to take the fingerprints of a person detained at a police station without the appropriate consent shall be exercisable by any constable.

• (4) In section 63 of that Act (non-intimate samples), after subsection (9) there shall be inserted—

(9ZA) The power to take a non-intimate sample from a person without the appropriate consent shall be exercisable by any constable.

• (5) In section 64A(3) of that Act (persons entitled to photograph detainees), for paragraphs (a) and (b) and the words after paragraph (b) there shall be substituted “ constables ”.

• (6) In subsection (7B) of section 67 of that Act (limited effect of modification of code of practice), in paragraph (c) for “order” there shall be substituted “ code ”.

• (7) After subsection (9) of that section there shall be inserted—

(9A) Persons on whom powers are conferred by— (a) any designation under section 38 or 39 of the Police Reform Act 2002 (c. 30) (police powers for police authority employees), or (b) any accreditation under section 41 of that Act (accreditation under community safety accreditation schemes), shall have regard to any relevant provision of a code of practice to which this section applies in the exercise or performance of the powers and duties conferred or imposed on them by that designation or accreditation.

• (8) In subsection (10) of that section (failure to comply with codes not to render a person liable to civil or criminal proceedings), after paragraph (b) there shall be inserted

, or (c) of a person designated under section 38 or 39 or accredited under section 41 of the Police Reform Act 2002 (c. 30) to have regard to any relevant provision of such a code in the exercise or performance of the powers and duties conferred or imposed on him by that designation or accreditation,

.

• (9) In section 118, at the beginning of subsection (2) (meaning of persons in police detention) there shall be inserted “ Subject to subsection (2A) ”; and after that subsection there shall be inserted—

(2A) Where a person is in another’s lawful custody by virtue of paragraph 22, 34(1) or 35(3) of Schedule 4 to the Police Reform Act 2002, he shall be treated as in police detention.

Prosecution of Offences Act 1985

10

In section 3(2) of the Prosecution of Offences Act 1985 (c. 23) (functions of the Director of Public Prosecutions), after paragraph (b) there shall be inserted—

(ba) to institute and have the conduct of any criminal proceedings in any case where the proceedings relate to the subject-matter of a report a copy of which has been sent to him under paragraph 23 or 24 of Schedule 3 to the Police Reform Act 2002 (c. 30) (reports on investigations into conduct of persons serving with the police);

.

Road Traffic Act 1988

11

• (1) Section 103 of the Road Traffic Act 1988 (c. 52) (obtaining licence, or driving, while disqualified) shall be amended as follows.

• (2) Subsection (3) shall cease to have effect.

• (3) In subsection (4), for “Subsections (1) and (3) above do” there shall be substituted “ Subsection (1) above does ”.

• (4) In subsection (5), for “Subsections (1)(b) and (3) above do” there shall be substituted “ Subsection (1)(b) above does ”.

• (5) In subsection (6), for “subsections (1) and (3)” there shall be substituted “ subsection (1) ”.

12

In section 183(1) of the Road Traffic Act 1988 (application to the Crown), in paragraph (c), the words “, except section 103(3)” shall be omitted.

Aviation and Maritime Security Act 1990

13

In section 22(4) of the Aviation and Maritime Security Act 1990 (c. 31) (persons entitled to exercise certain powers in relation to private dwelling), in paragraph (b)(i), for the words from “Police Complaints Authority” to the end of the sub-paragraph there shall be substituted “ Independent Police Complaints Commission under section 26 of the Police Reform Act 2002 (c. 30); or ”.

The 1996 Act

14

In section 8 of the 1996 Act (local policing plans), after subsection (4) there shall be inserted—

(4A) It shall be the duty of a police authority and of a chief constable, in preparing, issuing or submitting any plan or draft plan under this section, to have regard to any general guidance given by the Secretary of State with respect to local policing plans and the drafts of such plans. (4B) Before giving any guidance under subsection (4A), the Secretary of State shall consult with— (a) persons whom he considers to represent the interests of police authorities; (b) persons whom he considers to represent the interests of chief officers of police; and (c) such other persons as he thinks fit.

15

In section 54 of the 1996 Act (appointment and functions of inspectors of constabulary), before subsection (3) there shall be inserted—

(2D) It shall be the duty of the chief inspector of constabulary— (a) to enter into arrangements with the Independent Police Complaints Commission for the purpose of securing cooperation, in the carrying out of their respective functions, between the inspectors of constabulary and that Commission; and (b) to ensure that inspectors of constabulary provide that Commission with all such assistance and co-operation as may be required by those arrangements or as otherwise appears to the chief inspector to be appropriate for facilitating the carrying out by that Commission of its functions.

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

In section 87 of that Act (guidance concerning disciplinary proceedings), for subsection (2) there shall be substituted—

(1A) The Secretary of State may also issue guidance to the Independent Police Complaints Commission concerning the discharge of its functions under any regulations under section 50 in relation to disciplinary proceedings. (2) Nothing in this section shall authorise the issuing of any guidance about a particular case. (3) It shall be the duty of every person to whom any guidance under this section is issued to have regard to that guidance in discharging the functions to which the guidance relates. (4) A failure by a person to whom guidance under this section is issued to have regard to the guidance shall be admissible in evidence in any disciplinary proceedings or on any appeal from a decision taken in any such proceedings. (5) In this section “disciplinary proceedings” means any proceedings under any regulations under section 50 that are identified as disciplinary proceedings by those regulations.

19

• (1) In subsection (1) of section 97 of that Act (police officers engaged on service outside their force), after paragraph (a) there shall be inserted—

(aa) temporary service on which a person is engaged in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002 (c. 30) ;

.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Justices of the Peace Act 1997

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The 1997 Act

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police (Northern Ireland) Act 1998

22

• (1) In subsection (1) of section 27 of the Police (Northern Ireland) Act 1998 (c. 32) (police officers engaged on service outside the Police Service of Northern Ireland), after paragraph (a) there shall be inserted—

(aa) temporary service on which a member of the police force is engaged in accordance with arrangements made under paragraph 6(2) of Schedule 2 to the Police Reform Act 2002 (c. 30);

.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Freedom of Information Act 2000

23

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public bodies for the purposes of that Act)—

• (a) at the appropriate place, there shall be inserted—

The Independent Police Complaints Commission. ; and

• (b) the words “The Police Complaints Authority.” shall be omitted.

Criminal Justice and Police Act 2001

24

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SCHEDULE 8

National Policing Plan

Powers to require inspection and report

Directions as to action plans

General functions of the Commission

Investigations: National Policing Improvement Agency involvement

16A

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Duty to keep the complainant informed

26A

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26B

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Resignation in the interests of efficiency and effectiveness

Procedural requirements for removal of senior officers

Suspension of senior officers

Removal etc. of senior officers at the instance of the Secretary of State

Disciplinary regulations for special constables

Regulations concerning procedure for removal of senior officers

38A

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41A

• (1) The chief officer of police of any police force may, on the making of an application for the purpose by such person and in such manner as he may require, grant accreditation under this section to a weights and measures inspector.

• (2) A weights and measures inspector to whom an accreditation under this section is granted by a chief officer of police may exercise the powers conferred by the accreditation in the chief officer's police area.

• (3) Schedule 5A (which sets out the powers that may be conferred on inspectors accredited under this section) shall have effect.

• (4) A chief officer of police shall not grant accreditation to a weights and measures inspector under this section unless he is satisfied that—

• (a) the inspector is a suitable person to exercise the powers that will be conferred on him by virtue of the accreditation; and

• (b) the inspector has received adequate training for the exercise of those powers.

• (5) A chief officer of police may charge such fee as he considers appropriate for one or both of the following—

• (a) considering an application for or for the renewal of an accreditation under this section;

• (b) granting an accreditation under this section.

• (6) A weights and measures inspector authorised or required to do anything by virtue of an accreditation under this section—

• (a) shall not be authorised or required by virtue of that accreditation to engage in any conduct otherwise than in the course of his duties as a weights and measures inspector; and

• (b) shall be so authorised or required subject to such other restrictions and conditions (if any) as may be specified in his accreditation.

• (7) An accreditation under this section, unless it is previously withdrawn or ceases to have effect in accordance with subsection (8), shall remain in force for such period as may be specified in the accreditation, but it may be renewed at any time with effect from the time when it would otherwise expire.

• (8) An accreditation under this section shall cease to have effect if the accredited inspector ceases to hold office as a weights and measures inspector.

41B

• (1) The Secretary of State may by order provide for section 41A and any other provision of this Chapter relating to accredited inspectors to apply (with or without modification) in relation to persons of a description specified in the order.

• (2) The provision which may be made by an order under this section includes such modifications of other enactments as appear to the Secretary of State to be necessary or appropriate.

• (3) No order shall be made under this section unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Offences for which a person may be arrested without a warrant

Persons engaging in anti-social behaviour

Persons suspected of offences connected with transport systems

Code of practice relating to chief officers’ powers under Chapter 1

Specimens taken from persons incapable of consenting

Specimens taken from persons incapable of consenting

Extension of role of health care professionals

Use of specimens taken from persons incapable of consenting

Vehicles used in manner causing alarm, distress or annoyance

Expenses of members of police authorities etc.

Power to modify functions and structure of PITO

Liability for wrongful acts of constables etc.

Secretary of State’s functions in relation to strategies

Liability for wrongful acts of constables etc.

National Crime Squad equipment

Terms of appointment etc: employee members

Powers of Secretary of State to make orders and regulations

Power to require name and address: road traffic offences

Juries Act 1974

Power to disperse groups and remove young persons to their place of residence

House of Commons Disqualification Act 1975

The Police Pensions Act 1976

Northern Ireland Assembly Disqualification Act 1975

Northern Ireland Assembly Disqualification Act 1975

Non-intimate searches of detained persons

The Police Pensions Act 1976

Exercise of functions of custody officers

Entry and search after arrest

Power to require giving of name and address

Persons accompanying investigating officers

Entry and search for evidence of nationality after arrest

Entry and search for evidence of nationality after arrest

Aviation and Maritime Security Act 1990

Aviation and Maritime Security Act 1990

Criminal Justice and Police Act 2001

Power to require giving of name and address

Rehabilitation of Offenders Act 1974

Rehabilitation of Offenders Act 1974

Escort of persons in police detention

Prosecution of Offences Act 1985

Rehabilitation of Offenders (Northern Ireland) Order 1978

Prosecution of Offences Act 1985

Road Traffic Act 1988

Road Traffic Act 1988

Aviation and Maritime Security Act 1990

Prosecution of Offences Act 1985

The 1996 Act

Part 2A — handling of death and serious injury (DSI) matters

Road Traffic Act 1988

14A

• (1) Where a DSI matter comes to the attention of the local policing body or chief officer who is the appropriate authority in relation to that matter, it shall be the duty of the appropriate authority to record that matter.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14B

• (1) Where—

• (a) a DSI matter comes to the attention of a local policing body , and

• (b) the relevant officer in relation to that matter is the chief officer of the force maintained by that body,

it shall be the duty of that body to secure that all such steps as are appropriate for the purposes of Part 2 of this Act are taken, both initially and from time to time after that, for obtaining and preserving evidence relating to that matter.

• (2) Where—

• (a) a chief officer becomes aware of a DSI matter, and

• (b) the relevant officer in relation to that matter is a person under his direction and control,

it shall be his duty to take all such steps as appear to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to that matter.

• (3) The chief officer's duty under sub-paragraph (2) must be performed as soon as practicable after he becomes aware of the matter in question.

• (4) After that, he shall be under a duty, until he is satisfied that it is no longer necessary to do so, to continue to take the steps from time to time appearing to him to be appropriate for the purposes of Part 2 of this Act for obtaining and preserving evidence relating to the matter.

• (5) It shall be the duty of a local policing body to comply with all such directions as may be given to it by the Director General in relation to the performance of any duty imposed on it by virtue of sub-paragraph (1).

• (6) It shall be the duty of the chief officer to take all such specific steps for obtaining or preserving evidence relating to any DSI matter as he may be directed to take for the purposes of this paragraph by the local policing body maintaining his force or by the Director General.

14C

• (1) It shall be the duty of the appropriate authority to refer a DSI matter to the Director General.

• (2) The appropriate authority must do so within such period as may be provided for by regulations made by the Secretary of State.

• (3) A matter that has already been referred to the Director General under this paragraph on a previous occasion , or that has been treated as having been so referred by virtue of paragraph 14CA, shall not be required to be referred again under this paragraph unless the Director General so directs.

14D

• (1) It shall be the duty of the Director General, in the case of every DSI matter referred to the Director General by a local policing body or a chief officer, to determine whether or not it is necessary for the matter to be investigated.

• (1A) The Secretary of State may by regulations provide that the Director General must determine that it is necessary for DSI matters referred to the Director General in relation to which the relevant officer is a chief officer or the Deputy Commissioner of Police of the Metropolis to be investigated.

• (1B) Regulations under sub-paragraph (1A) may provide that the duty on the Director General applies only in relation to DSI matters in relation to which the relevant officer is a chief officer or the Deputy Commissioner of Police of the Metropolis that are of a description specified in the regulations.

• (1C) Regulations under sub-paragraph (1A) may also provide that, where the Director General is required by the regulations to determine that it is necessary for a DSI matter to be investigated, paragraph 15 is to apply in relation to the matter as if sub-paragraphs (4)(a), (4A) and (5A)(b) were omitted.

• (2) Where the Director General determines under this paragraph that it is not necessary for a DSI matter to be investigated —

• (a) in a case where the DSI matter is already being investigated by the appropriate authority on its own behalf (and notwithstanding the Director General's determination), the Director General must refer the matter back to the appropriate authority for the investigation to be completed, and

• (b) in any other case, the Director General may, if the Director General thinks fit, refer the matter back to the appropriate authority to be dealt with by that authority in such manner (if any) as that authority may determine.

Criminal Justice and Police Act 2001

Justices of the Peace Act 1997

19A

• (1) This paragraph applies to an investigation where condition A, B or C is satisfied.

• (2) Condition A is that—

• (a) the investigation is an investigation of a complaint, and

• (b) during the course of the investigation it appears to the person investigating or, in the case of an investigation by a designated person under paragraph 19, the Director General, that there is an indication that a member of a police force, or a special constable, to whose conduct the investigation relates may have committed a criminal offence or behaved in a manner which would justify the bringing of disciplinary proceedings.

• (3) Condition B is that—

• (a) the investigation is an investigation of a complaint being carried out by a person appointed under paragraph 18, and

• (b) during the course of the investigation the Director General determines that there is an indication that a member of a police force, or a special constable, to whose conduct the investigation relates may have committed a criminal offence or behaved in a manner which would justify the bringing of disciplinary proceedings.

• (4) Condition C is that—

• (a) the investigation is an investigation of a recordable conduct matter, and

• (b) the investigation relates to the conduct of a member of a police force or a special constable.

• (5) Where this paragraph applies to an investigation the person investigating must proceed with the investigation in accordance with regulations made by the Secretary of State under this sub-paragraph.

• (6) Regulations under sub-paragraph (5) may (amongst other things) make provision—

• (a) as to the procedure to be followed in connection with any interview of the person concerned, including provision requiring the person concerned to attend an interview;

• (b) requiring the person investigating to supply information to the appropriate authority.

• (7) In this paragraph “the person concerned”—

• (a) in relation to an investigation of a complaint, means the person in respect of whom it appears to the person investigating or, in the case of an investigation by a designated person under paragraph 19, the Director General, that there is the indication mentioned in sub-paragraph (2)(b) or (as the case may be) the person in respect of whom the Director General determines that there is the indication mentioned in sub-paragraph (3)(b);

• (b) in relation to an investigation of a recordable conduct matter, means the person to whose conduct the investigation relates.

19B

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19C

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19D

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19E

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20A

• (1) This paragraph applies where—

• (a) at any time before the completion of an investigation of a complaint or recordable conduct matter, the person investigating or, in the case of an investigation by a designated person under paragraph 19, the Director General, believes that the appropriate authority would, on consideration of the matter, be likely to consider that the conditions in sub-paragraph (2) are satisfied, or

• (b) at any time before the completion of an investigation of a complaint or recordable conduct matter being carried out by a person appointed under paragraph 18, the Director General determines that the appropriate authority would, on consideration of the matter, be likely to consider that the conditions in sub-paragraph (2) are satisfied.

• (2) The conditions in this sub-paragraph are that—

• (a) there is sufficient evidence, in the form of written statements or other documents, to establish on the balance of probabilities that conduct to which the investigation relates constitutes gross misconduct, and

• (b) it is in the public interest for the person whose conduct it is to cease to be a member of a police force, or to be a special constable, without delay.

• (3) Where this paragraph applies the person investigating, the appropriate authority and (where the person investigating is not also the Director General carrying out an investigation under paragraph 19 personally) the Director General must proceed in accordance with regulations made by the Secretary of State.

• (4) Regulations under sub-paragraph (3) may (amongst other things) make provision—

• (a) for the person investigating to continue the investigation (whether to its full extent or to such lesser extent as is provided) or to stop investigating;

• (b) for the person investigating to submit a report on the investigation or, where the investigation is carried out under paragraph 19 by the Director General personally, finalise one, to a point before its completion (not being a report under paragraph 22);

• (c) for the conduct to which the investigation relates to be certified for the purposes of paragraph 20(1)(a).

20B

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20C

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20D

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20E

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20F

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20G

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20H

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20I

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21A

• (1) If during the course of an investigation of a DSI matter it appears to a person appointed under paragraph 18 ... that there is an indication that a person serving with the police (“the person whose conduct is in question”) may have—

• (a) committed a criminal offence, or

• (b) behaved in a manner which would justify the bringing of disciplinary proceedings,

he shall make a submission to that effect to the Director General.

• (2) If, after considering a submission under sub-paragraph (1), the Director General determines that there is such an indication, the Director General shall—

• (a) notify the appropriate authority in relation to the DSI matter and (if different) the appropriate authority in relation to the person whose conduct is in question of the Director General's determination; and

• (b) send to it (or each of them) a copy of the submission under sub-paragraph (1).

• (2A) If during the course of an investigation of a DSI matter being carried out by a person appointed under paragraph 18 the Director General determines (without there having been a submission under sub-paragraph (1)) that there is an indication that a person serving with the police (“the person whose conduct is in question”) may have—

• (a) committed a criminal offence, or

• (b) behaved in a manner which would justify the bringing of disciplinary proceedings,

the Director General shall notify the appropriate authority in relation to the DSI matter and (if different) the appropriate authority in relation to the person whose conduct is in question of the Director General's determination.

• (2B) If during the course of an investigation of a DSI matter being carried out by a person designated under paragraph 19 the Director General determines that there is an indication that a person serving with the police (“the person whose conduct is in question”) may have—

• (a) committed a criminal offence, or

• (b) behaved in a manner which would justify the bringing of disciplinary proceedings,

the Director General must proceed under sub-paragraph (2C).

• (2C) The Director General must—

• (a) prepare a record of the determination,

• (b) notify the appropriate authority in relation to the DSI matter and (if different) the appropriate authority in relation to the person whose conduct is in question of the determination, and

• (c) send to it (or each of them) a copy of the record of the determination prepared under paragraph (a).

• (3) If during the course of an investigation of a DSI matter it appears to a person appointed under paragraph 16 ... that there is an indication that a person serving with the police (“the person whose conduct is in question”) may have—

• (a) committed a criminal offence, or

• (b) behaved in a manner which would justify the bringing of disciplinary proceedings,

he shall make a submission to that effect to the appropriate authority in relation to the DSI matter.

• (4) If, after considering a submission under sub-paragraph (3), the appropriate authority determines that there is such an indication, it shall—

• (a) if it is not the appropriate authority in relation to the person whose conduct is in question, notify that other authority of its determination and send to that authority a copy of the submission under sub-paragraph (3); and

• (b) notify the Director General of its determination and send to it a copy of the submission under sub-paragraph (3).

• (5) Where the appropriate authority in relation to the person whose conduct is in question—

• (a) is notified of a determination by the Director General under sub-paragraph (2) or (2A),

• (aa) is notified of a determination by the Director General under sub-paragraph (2C),

• (b) (in a case where it is also the appropriate authority in relation to the DSI matter) makes a determination under sub-paragraph (4), or

• (c) (in a case where it is not the appropriate authority in relation to the DSI matter) is notified by that other authority of a determination by it under sub-paragraph (4),

it shall record the matter under paragraph 11 as a conduct matter . . . .

• (6) Where a DSI matter is recorded under paragraph 11 as a conduct matter by virtue of sub-paragraph (5)—

• (a) the person investigating the DSI matter shall (subject to any determination made by the Director General under paragraph 15(5A) or (5B)) continue the investigation as if appointed or designated to investigate the conduct matter, and

• (b) the other provisions of this Schedule shall apply in relation to that matter accordingly.

24A

• (1) This paragraph applies on the completion of an investigation of a DSI matter in respect of which neither the Director General nor the appropriate authority has made a determination under paragraph 21A(2) , (2A) , (2B) or (4).

• (2) The person investigating shall—

• (a) submit a report on the investigation to the Director General; and

• (b) send a copy of that report to the appropriate authority.

• (2A) Sub-paragraph (2)(a) does not apply where the person investigating is the Director General carrying out an investigation personally under paragraph 19, but the Director General must complete a report on the investigation.

• (3) A person submitting a report to the Director General under sub-paragraph (2) or completing one under sub-paragraph (2A) shall not be prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in his report as he thinks fit.

• (3A) Where a person would contravene section 21A by sending a copy of a report in its entirety to the appropriate authority under sub-paragraph (2)(b), the person must instead send a copy of the report after having removed or obscured the information which by virtue of section 21A the person must not disclose.

• (4) On receipt of the report (or on its completion by the Director General), the Director General shall determine whether the report indicates that a person serving with the police may have—

• (a) committed a criminal offence, or

• (b) behaved in a manner which would justify the bringing of disciplinary proceedings.

• (5) On receipt of the report (or on its completion by the Director General), the Director General shall also, if the Director General considers it appropriate to do so, make a determination as to any matter dealt with in the report, being a determination other than one that the Director General is required to make under sub-paragraph (4) or that the appropriate authority may be required to make by virtue of paragraph 24C(3).

• (6) But sub-paragraphs (4) and (5) and paragraphs 24B and 24C do not apply, or cease to apply, in relation to a report submitted under sub-paragraph (2) or completed under sub-paragraph (2A) if, following the submission or completion of the report, the Director General determines under section 13B that the DSI matter is to be re-investigated.

24B

• (1) If the Director General determines under paragraph 24A(4) that the report indicates that a person serving with the police may have—

• (a) committed a criminal offence, or

• (b) behaved in a manner which would justify the bringing of disciplinary proceedings,

the Director General shall notify the appropriate authority in relation to the person whose conduct is in question of the Director General's determination and, if it appears that that authority has not already been sent a copy of the report, send a copy of the report to that authority.

• (1A) Sub-paragraph (3A) of paragraph 24A applies for the purposes of sub-paragraph (1) of this paragraph as it applies for the purposes of sub-paragraph (2)(b) of that paragraph.

• (2) Where the appropriate authority in relation to the person whose conduct is in question is notified of a determination by the Director General under sub-paragraph (1), it shall record the matter under paragraph 11 as a conduct matter . . . .

• (3) Where a DSI matter is recorded under paragraph 11 as a conduct matter by virtue of sub-paragraph (2)—

• (a) the person investigating the DSI matter shall (subject to any determination made by the Director General under paragraph 15(5A) or (5B)) investigate the conduct matter as if appointed or designated to do so, and

• (b) the other provisions of this Schedule shall apply in relation to that matter accordingly.

24C

• (1) This paragraph applies where the Director General determines under paragraph 24A(4) that there is no indication in the report that a person serving with the police may have—

• (a) committed a criminal offence, or

• (b) behaved in a manner which would justify the bringing of disciplinary proceedings,

...

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The Director General may notify the appropriate authority that it must, in accordance with regulations under section 50 or 51 of the 1996 Act, determine—

• (a) whether or not the performance of a person serving with the police is unsatisfactory, and

• (b) what action (if any) the authority will take in respect of any such person's performance.

• (4) On receipt of a notification under sub-paragraph (3) the appropriate authority shall make those determinations and submit a memorandum to the Director General setting out the determinations the authority has made.

• (5) On receipt of a memorandum under sub-paragraph (4), the Director General shall—

• (a) consider the memorandum and whether the appropriate authority has made the determinations under sub-paragraph (4) that the Director General considers appropriate;

• (b) determine whether or not to make recommendations under paragraph 27;

• (c) make such recommendations (if any) under that paragraph as the Director General thinks fit.

Criminal Justice and Police Act 2001

29

In this Part of this Schedule—

• ...

• “gross misconduct” means a breach of the Standards of Professional Behaviour that is so serious as to justify dismissal;

• “misconduct” means a breach of the Standards of Professional Behaviour;

• “the person investigating”, in relation to a complaint, recordable conduct matter or DSI matter, means the person appointed or designated to investigate that complaint or matter;

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “the Standards of Professional Behaviour” means the standards so described in, and established by, regulations made by the Secretary of State.

Criminal Justice and Police Act 2001

1ZA

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Freedom of Information Act 2000

1A

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2A

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The 1996 Act

Criminal Justice and Police Act 2001

3A

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4ZA

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4ZB

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Criminal Justice and Police Act 2001

4A

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4B

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4C

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Criminal Justice and Police Act 2001

5A

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Confiscation of tobacco etc.

Search and seizure powers: alcohol and tobacco

7A

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7B

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7C

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7D

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8A

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Power to stop vehicle for testing

11A

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11B

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Power to place traffic signs

13A

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Power to stop and search vehicles etc. in authorised areas

15ZA

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15A

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Police (Scotland) Act 1967

16A

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16B

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Rehabilitation of Offenders Act 1974

Entry and search after arrest

Entry and search for evidence of nationality after arrest

18A

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Access and copying in the case of things seized by constables

22A

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House of Commons Disqualification Act 1975

24A

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Northern Ireland Assembly Disqualification Act 1975

27A

• (1) Where a designation applies this paragraph to any person, that person has the powers of a constable under section 54B of the 1984 Act (searches of persons answering to live link bail)—

• (a) to carry out a search of any person attending a police station in the relevant police area; and

• (b) to seize or retain articles found on such a search.

• (2) Anything seized by a person under the power conferred by sub-paragraph (1) must be delivered to a constable as soon as practicable and in any case before the person from whom the thing was seized leaves the police station.

Attendance at police station for the taking of a sample

33A

Where a designation applies this paragraph to any person—

• (a) he shall, at any police station in the relevant police area, have the powers of a constable under section 61A of the 1984 Act (impressions of footwear) to take impressions of a person's footwear without the appropriate consent; and

• (b) the requirement by virtue of section 61A(5)(a) of the 1984 Act that a person must be informed by an officer that an impression of his footwear may be the subject of a speculative search shall be capable of being discharged, in the case of a person at such a station, by his being so informed by the person to whom this paragraph applies.

33B

Where a designation applies this paragraph to any person, he shall be under a duty, when in the course of his employment he is present at a police station—

• (a) to keep under control any person detained at the police station and for whom he is for the time being responsible;

• (b) to assist any officer or other designated person to keep any other person detained at the police station under control; and

• (c) to prevent the escape of any such person as is mentioned in paragraph (a) or (b),

and for those purposes shall be entitled to use reasonable force.

33C

Where a designation applies this paragraph to any person, he shall be entitled to use reasonable force when—

• (a) securing, or assisting an officer or another designated person to secure, the detention of a person detained at a police station in the relevant police area, or

• (b) escorting within a police station in the relevant police area, or assisting an officer or another designated person to escort within such a police station, a person detained there.

33D

Where a designation applies this paragraph to any person, he is authorised to carry out the duty under—

• (a) section 55 of the Police and Criminal Evidence Act 1984 of informing a person who is to be subject to an intimate search under that section of the matters of which he is required to be informed in pursuance of subsection (3B) of that section;

• (b) section 55A of that Act of informing a person who is to be subject to x-ray or ultrasound (as the case may be) under that section of the matters of which he is required to be informed in pursuance of subsection (3) of that section.

Power to take an arrested person to a police station

Escort of persons in police detention

Part 4A

The 1984 Act

35A

• (1) Where a designation applies this paragraph to any person, he may (subject to sub-paragraph (2)) perform all the functions of a custody officer under the 1984 Act (except those under section 45A(4) of that Act) and under any other enactment which confers functions on such a custody officer.

• (2) But in relation to a police station designated under section 35(1) of the 1984 Act, the person must first also be appointed a custody officer for that police station under section 36(2) of that Act.

• (3) A person performing the functions of a custody officer by virtue of a designation under this paragraph (together with, if appropriate, an appointment as such) shall have all the powers and duties of a custody officer.

• (4) Except in sections 36 and 45A(4) of the 1984 Act, references in any enactment to a custody officer within the meaning of that Act include references to a person performing the functions of a custody officer by virtue of a designation under this paragraph.

35B

Where a designation applies this paragraph to any person, he shall be under a duty, when in the course of his employment he is present at a police station—

• (a) to keep under control any person detained at the police station and for whom he is for the time being responsible;

• (b) to assist any officer or other designated person to keep any other person detained at the police station under control; and

• (c) to prevent the escape of any such person as is mentioned in paragraph (a) or (b),

and for those purposes shall be entitled to use reasonable force.

35C

Where a designation applies this paragraph to any person, he is authorised to carry out the duty under—

• (a) section 55 of the Police and Criminal Evidence Act 1984 of informing a person who is to be subject to an intimate search under that section of the matters of which he is required to be informed in pursuance of subsection (3B) of that section;

• (b) section 55A of that Act of informing a person who is to be subject to x-ray or ultrasound (as the case may be) under that section of the matters of which he is required to be informed in pursuance of subsection (3) of that section.

Power to issue fixed penalty notices

1A

• (1) This paragraph applies to an accredited person whose accreditation specifies that it applies to him.

• (2) The accreditation may specify that, in relation to that person, the application of sub-paragraph (3) is confined to one or more only (and not all) relevant byelaws, being in each case specified in the accreditation.

• (3) Where that person has reason to believe that an individual has committed an offence against a relevant byelaw at a place within the relevant police area, he may exercise the power of an authorised officer of an authority to give a notice under section 237A of the Local Government Act 1972 or under section 12 of the Local Government Byelaws (Wales) Act 2012 (fixed penalty notices in relation to offences against certain byelaws).

• (4) In this paragraph “relevant byelaw”, in relation to an accredited person, means a byelaw which—

• (a) falls within sub-paragraph (5); and

• (b) is specified or described in that person's accreditation as a byelaw he has been accredited to enforce under this paragraph.

• (5) A byelaw falls within this sub-paragraph if—

• (a) it is a byelaw to which section 237A of the Local Government Act 1972 or to which section 12 of the Local Government Byelaws (Wales) Act 2012 applies applies (fixed penalty notices in relation to offences against certain byelaws); and

• (b) the chief officer of the police force for the relevant police area and the authority who made the byelaw have agreed to include it in a list of byelaws for the purposes of this sub-paragraph.

• (6) A list under sub-paragraph (5)(b) must be published by the chief officer in such a way as to bring it to the attention of members of the public in localities where the byelaws in the list apply.

• (7) The list may be amended from time to time by agreement between the chief officer and the authority, by adding byelaws to it or removing byelaws from it, and the amended list shall also be published by the chief officer as mentioned in sub-paragraph (6).

Power to require giving of name and address

3A

• (1) An accredited person whose accreditation specifies that this paragraph applies to him shall, in the relevant police area, have the powers of a constable—

• (a) under subsection (1) of section 165 of the Road Traffic Act 1988 to require a person mentioned in paragraph (c) of that subsection who he has reasonable cause to believe has committed, in the relevant police area, an offence under subsection (1) or (2) of section 35 of that Act (including that section as extended by paragraphs 8B(4) and 9(2) of this Schedule) to give his name and address; and

• (b) under section 169 of that Act to require a person committing an offence under section 37 of that Act (including that section as extended by paragraphs 8B(4) and 9(2) of this Schedule) to give his name and address.

• (2) The reference in section 169 of the Road Traffic Act 1988 to section 37 of that Act is to be taken to include a reference to that section as extended by paragraphs 8B(4) and 9(2) of this Schedule.

Confiscation of alcohol

Confiscation of tobacco etc.

8A

• (1) Subject to sub-paragraph (2), a person whose accreditation specifies that this paragraph applies to him shall, within the relevant police area, have the power of a constable in uniform under section 163(2) of the Road Traffic Act 1988 to stop a cycle.

• (2) The power mentioned in sub-paragraph (1) may only be exercised by that person in relation to a person who he has reason to believe has committed an offence under section 72 of the Highway Act 1835 (riding on a footway) by cycling.

8B

• (1) A person whose accreditation specifies that this paragraph applies to him shall have, in the relevant police area—

• (a) the power of a constable engaged in the regulation of traffic in a road to direct a person driving or propelling a vehicle to stop the vehicle or to make it proceed in, or keep to, a particular line of traffic;

• (b) the power of a constable in uniform engaged in the regulation of vehicular traffic in a road to direct a person on foot to stop proceeding along or across the carriageway.

• (2) The purposes for which those powers may be exercised do not include the purpose mentioned in paragraph 9(1).

• (3) A person whose accreditation specifies that this paragraph applies to him shall also have, in the relevant police area, the power of a constable, for the purposes of a traffic survey, to direct a person driving or propelling a vehicle to stop the vehicle, to make it proceed in, or keep to, a particular line of traffic, or to proceed to a particular point on or near the road.

• (4) Sections 35 and 37 of the Road Traffic Act 1988 (offences of failing to comply with directions of constable engaged in regulation of traffic in a road) shall have effect in relation to the exercise of the powers mentioned in sub-paragraphs (1) and (3), for the purposes for which they may be exercised and by a person whose accreditation specifies that this paragraph applies to him, as if the references to a constable were references to him.

• (5) A person's accreditation may not specify that this paragraph applies to him unless it also specifies that paragraph 3A applies to him.

9ZA

An accredited person whose accreditation specifies that this paragraph applies to him shall, within the relevant police area, have the power of a constable under section 64A(1A) of the 1984 Act (photographing of suspects etc.) to take a photograph, elsewhere than at a police station, of a person to whom the accredited person has given a penalty notice (or as the case may be a fixed penalty notice) in exercise of any power mentioned in paragraph 1(2) or in exercise of the power mentioned in paragraph 1A(3).

9A

• (1) The Secretary of State may by order amend paragraph 1(2A) so as to remove a provision from the list or add a provision to the list; but the list must contain only provisions mentioned in the first column of the Table in section 1(1) of the Criminal Justice and Police Act 2001.

• (2) The Secretary of State shall not make an order containing (with or without any other provision) any provision authorised by this paragraph unless a draft of that order has been laid before Parliament and approved by a resolution of each House.

SCHEDULE 5A

1

• (1) An accredited inspector whose accreditation specifies that this paragraph applies to him shall have the powers specified in sub-paragraph (2) in relation to any individual who he has reason to believe has committed a relevant fixed penalty offence at a place within the relevant police area.

• (2) The powers are the powers of a constable ... to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (fixed penalty notices in respect of offences of disorder) so far as exercisable in respect of a relevant fixed penalty offence.

2

• (1) Where an accredited inspector whose accreditation specifies that this paragraph applies to him has reason to believe that a person has committed a relevant fixed penalty offence in the relevant police area, he may require the person to give him his name and address.

• (2) A person who fails to comply with a requirement under sub-paragraph (1) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

3

An accredited inspector whose accreditation specifies that this paragraph applies to him shall, within the relevant police area, have the power of a constable under section 64A(1A) of the 1984 Act (photographing of suspects etc) to take a photograph, elsewhere than at a police station, of a person to whom the accredited inspector has given a penalty notice in exercise of the powers mentioned in paragraph 1(2).

4

In this Schedule—

• “the relevant police area”, in relation to an accredited inspector, means the police area for which the police force whose chief officer granted his accreditation is maintained;

• “relevant fixed penalty offence”, in relation to an accredited inspector, means an offence which—is an offence contained in a provision mentioned in the first column of the Table in section 1(1) of the Criminal Justice and Police Act 2001, andis specified or described in his accreditation as an offence he has been accredited to enforce.

The following is the Schedule inserted in the 1984 Act after Schedule 1—

Police (Scotland) Act 1967

Superannuation Act 1972

Rehabilitation of Offenders Act 1974

House of Commons Disqualification Act 1975

Northern Ireland Assembly Disqualification Act 1975

The Police Pensions Act 1976

Rehabilitation of Offenders (Northern Ireland) Order 1978

Prosecution of Offences Act 1985

Road Traffic Act 1988

Aviation and Maritime Security Act 1990

The 1996 Act

Justices of the Peace Act 1997

Criminal Justice and Police Act 2001

Editorial notes

[^c20057961]: S. 5 repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 15 Pt. 1(B); S.I. 2007/709, art. 3(r)(iii) (subject to arts. 6, 7)

[^c20023311]: S. 8 repealed (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 180, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 12, 13(oo) (subject to art. 4(2)-(7))

[^c2342521]: S. 9 wholly in force at 1.4.2003; s. 9 not in force at Royal Assent, see s. 108(2); s. 9(2)-(4)(6) in force for certain purposes at 1.10.2002 by S.I. 2002/2306,{art. 2(b)(i)}; s. 9 in force in so far as not already in force at 1.4.2003 by S.I. 2003/808, art. 2(a)

[^c20012571]: S. 9 applied (with modifications) (E.W.) (28.12.2005) by The Revenue and Customs (Complaints and Misconduct) Regulations 2005 (S.I. 2005/3311), reg. 3(2)(6), Sch. 1

[^c21090621]: S. 9 applied (with modifications) (5.8.2009) by The UK Border Agency (Complaints and Misconduct) Regulations 2009 (S.I. 2009/2133), reg. 4

[^c21092961]: S. 9 applied (with modifications) (7.4.2010) by The UK Border Agency (Complaints and Misconduct) Regulations 2010 (S.I. 2010/782), reg. 4

[^c20046061]: Words in s. 9(3)(d) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 40; S.I. 2007/709, art. 3(p) (subject to arts. 6, 7)

[^c20028491]: S. 9(3)(da) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 55, 178, Sch. 2 para. 2(a); S.I. 2006/378, art. 4(1), Sch. para. 8 (subject to art. 4(2)-(7))

[^c20031511]: S. 9(3)(db) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 1, 53, Sch. 1 para. 81; S.I. 2007/709, art. 3(a) (subject to arts. 6, 7)