Police and Criminal Evidence Act 1984

Part XIU.K. Miscellaneous and Supplementary

113Application of Act to Armed Forces.U.K.

[F1(1)The Secretary of State may by order make provision in relation to—

(a)investigations of service offences,

(b)persons arrested under a power conferred by or under the Armed Forces Act 2006,

(c)persons charged under that Act with service offences,

(d)persons in service custody, or

(e)persons convicted of service offences,

which is equivalent to that made by any provision of Part 5 of this Act (or this Part of this Act so far as relating to that Part), subject to such modifications as the Secretary of State considers appropriate.]

(2)Section 67(9) above shall not have effect in relation to investigations of [F2service offences].

(3)The Secretary of State shall issue a code of practice, or a number of such codes, for persons other than police officers who are [F3 concerned with—

(a)the exercise of powers conferred by or under Part 3 of the Armed Forces Act 2006; or

(b)investigations of service offences.]

[F4(3A)In subsections (4) to (10), “code” means a code of practice under subsection (3).]

(4)F5Without prejudice to the generality of subsection (3) above, a code . . . may contain provisions, in connection with [F6the powers mentioned in subsection (3)(a) above or the [F7investigations] mentioned in subsection (3)(b) above], as to the following matters—

(a)the [F8audio recording] of interviews;

(b)searches of persons and premises; and

(c)the seizure of things found on searches.

[F9(5)The Secretary of State may at any time revise the whole or any part of a code.

(6)A code may be made, or revised, so as to—

(a)apply only in relation to one or more specified areas,

(b)have effect only for a specified period,

(c)apply only in relation to specified offences or descriptions of offender.

(7)The Secretary of State must lay a code, or any revision of a code, before Parliament.]

(8)A failure on the part of any person to comply with any provision of a code F10. . . shall not of itself render him liable to any criminal or civil proceedings except those to which this subsection applies.

[F11(9)Subsection (8) above applies to proceedings in respect of an offence under a provision of Part 1 of the Armed Forces Act 2006 other than section 42 (criminal conduct).]

(10)In all criminal and civil proceedings any F12. . . code shall be admissible in evidence and if any provision of F12. . . a code appears to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.

(11)F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)Parts VII and VIII of this Act have effect for the purposes of [F14 service proceedings] subject to any modifications which the Secretary of State may by order specify.

[F15(12A)In this section—

• “service offence” has the meaning given by section 50 of the Armed Forces Act 2006;

• “criminal proceedings” includes service proceedings;

• “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and

• “civilian court” has the meaning given by section 374 of the Armed Forces Act 2006;

and section 376(1) and (2) of that Act (meaning of “convicted” in relation to summary hearings and the SAC) apply for the purposes of subsection (1)(e) above as they apply for the purposes of that Act.]

(13)An order under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F16(14)Section 373(5) and (6) of the Armed Forces Act 2006 (supplementary provisions) apply in relation to an order under this section as they apply in relation to an order under that Act.]

114[F17Application of Act to Revenue and Customs]U.K.

(1)“Arrested”, “arresting”, “arrest” and “to arrest” shall respectively be substituted for “detained”, “detaining”, “detention” and “to detain” wherever in the customs and excise Acts, as defined in section 1(1) of the M1Customs and Excise Management Act 1979, those words are used in relation to persons.

(2)The Treasury may by order direct—

(a)that any provision of this Act which relates to investigations of offences conducted by police officers or to persons detained by the police shall apply, subject to such modifications as the order may specify, to [F18investigations conducted by officers of Revenue and Customs] or to [F19persons detained by officers of Revenue and Customs;] and

(b)that, in relation to [F20investigations of offences conducted by officers of Revenue and Customs]—

(i)this Act shall have effect as if the following [F21sections] were inserted after section 14—

“14A Exception for [F22Revenue and Customs].

Material in the possession of a person who acquired or created it in the course of any trade, business, profession or other occupation or for the purpose of any paid or unpaid office [F23and which relates to a matter in relation to which Her Majesty's Revenue and Customs have functions,] is neither excluded material nor special procedure material for the purposes of any enactment such as is mentioned in section 9(2) above.

[F2414BRevenue and Customs: restriction on other powers to apply for production of documents

(1)An officer of Revenue and Customs may make an application for the delivery of, or access to, documents under a provision specified in subsection (3) only if the condition in subsection (2) is satisfied.

(2)The condition is that the officer thinks that an application under Schedule 1 would not succeed because the material required does not consist of or include special procedure material.

(3)The provisions are—

(a)section 20BA of, and Schedule 1AA to, the Taxes Management Act 1970 (serious tax fraud);

(b)paragraph 11 of Schedule 11 to the Value Added Tax Act 1994 (VAT);

(c)paragraph 4A of Schedule 7 to the Finance Act 1994 (insurance premium tax);

(d)paragraph 7 of Schedule 5 to the Finance Act 1996 (landfill tax);

(e)paragraph 131 of Schedule 6 to the Finance Act 2000 (climate change levy);

(f)paragraph 8 of Schedule 7 to the Finance Act 2001 (aggregates levy);

(g)Part 6 of Schedule 13 to the Finance Act 2003 (stamp duty land tax).”; and

(ii)section 55 above shall have effect as if it related only to things such as are mentioned in subsection (1)(a) of that section.

[F25(d)that where an officer of Revenue and Customs searches premises in reliance on a warrant under section 8 of, or paragraph 12 of Schedule 1 to, this Act (as applied by an order under this subsection) the officer shall have the power to search persons found on the premises—

(i)in such cases and circumstances as are specified in the order, and

(ii)subject to any conditions specified in the order; and

(e)that powers and functions conferred by a provision of this Act (as applied by an order under this subsection) may be exercised only by officers of Revenue and Customs acting with the authority (which may be general or specific) of the Commissioners for Her Majesty's Revenue and Customs.]

[F26(2A)A certificate of the Commissioners that an officer of Revenue and Customs had authority under subsection (2)(e) to exercise a power or function conferred by a provision of this Act shall be conclusive evidence of that fact.]

[F27(3)An order under subsection (2)—

(a)may make provision that applies generally or only in specified cases or circumstances,

(b)may make different provision for different cases or circumstances,

(c)may, in modifying a provision, in particular impose conditions on the exercise of a function, and

(d)shall not be taken to limit a power under section 164 of the Customs and Excise Management Act 1979.]

(4)F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)An order under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

[F29114ZAApplication of Act to Welsh Revenue AuthorityU.K.

(1)The Welsh Ministers may by regulations—

(a)direct that any provision of this Act which relates to investigations of offences conducted by police officers or to the detention of persons by the police is to apply, subject to such modifications as the regulations may specify, to investigations of offences conducted by the Welsh Revenue Authority (“WRA”) or to the detention of persons by WRA in connection with such investigations;

(b)make provision permitting a person exercising a function conferred on WRA by the regulations to use reasonable force in the exercise of such a function;

(c)specify that where premises are searched by WRA in reliance on a warrant under section 8 of, or paragraph 12 of Schedule 1 to, this Act (as applied by regulations under paragraph (a)) persons found on the premises may be searched—

(i)in such cases and circumstances as are specified in the regulations, and

(ii)subject to any conditions specified in the regulations.

(2)Regulations under subsection (1) may—

(a)make provision that applies generally or only in specified cases,

(b)make different provision for different cases or circumstances, and

(c)may, in modifying a provision, in particular impose conditions on the exercise of a function.

(3)The power to make regulations under subsection (1) is exercisable by statutory instrument.

(4)A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.]

[F30114A Power to apply Act to officers of the Secretary of State etc.E+W

(1)The Secretary of State may by order direct that—

(a)the provisions of Schedule 1 to this Act so far as they relate to special procedure material, and

(b)the other provisions of this Act so far as they relate to the provisions falling within paragraph (a) above,

shall apply, with such modifications as may be specified in the order, for the purposes of investigations falling within subsection (2) as they apply for the purposes of investigations of offences conducted by police officers.

(2)An investigation falls within this subsection if—

(a)it is conducted by an officer of the department of [F31the Secretary of State for Business and Trade] or by another person acting on that Secretary of State’s behalf;

(b)it is conducted by that officer or other person in the discharge of a duty to investigate offences; and

(c)the investigation relates to [F32an indictable offence] or to anything which there are reasonable grounds for suspecting has involved the commission of [F32an indictable offence].

(3)The investigations for the purposes of which provisions of this Act may be applied with modifications by an order under this section include investigations of offences committed, or suspected of having been committed, before the coming into force of the order or of this section.

(4)An order under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

[F33114BApplication of Act to labour abuse prevention officersU.K.

(1)The Secretary of State may by regulations apply any provision of this Act which relates to investigations of offences conducted by police officers to investigations of labour market offences conducted by labour abuse prevention officers.

(2)The regulations may apply provisions of this Act with any modifications specified in the regulations.

(3)In this section “labour abuse prevention officer” means an officer of the Gangmasters and Labour Abuse Authority who—

(a)falls within subsection (4), and

(b)is authorised (whether generally or specifically) by the Secretary of State for the purposes of this section.

(4)An officer of the Gangmasters and Labour Abuse Authority falls within this subsection if he or she is—

(a)acting for the purposes of the Employment Agencies Act 1973 (see section 8A of that Act),

(b)acting for the purposes of the National Minimum Wage Act 1998 (see section 13 of that Act),

(c)acting for the purposes of the Gangmasters (Licensing) Act 2004 as an enforcement officer within the meaning of section 15 of that Act,

(d)acting for the purposes of Part 1 or 2 of the Modern Slavery Act 2015 (see sections 11A and 30A of that Act), or

(e)acting for any other purpose prescribed in regulations made by the Secretary of State.

(5)The investigations for the purposes of which provisions of this Act may be applied by regulations under this section include investigations of offences committed, or suspected of having been committed, before the coming into force of the regulations or of this section.

(6)Regulations under this section are to be made by statutory instrument.

(7)Regulations under this section may make—

(a)different provision for different purposes;

(b)provision which applies generally or for particular purposes;

(c)incidental, supplementary, consequential, transitional or transitory provision or savings.

(8)Regulations under subsection (4)(e) may, in particular, make such provision amending, repealing or revoking any enactment as the Secretary of State considers appropriate in consequence of any provision made by the regulations.

(9)A statutory instrument containing regulations under subsection (4)(e) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(10)Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(11)In this section—

• “enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;

• “labour market offence” has the meaning given in section 3 of the Immigration Act 2016.]

[F34114CPower to apply Act to food crime officersE+W

(1)The Secretary of State may by regulations apply any provision of this Act which relates to investigations of offences conducted by police officers to investigations of offences conducted by food crime officers.

(2)The regulations may apply provisions of this Act with any modifications specified in the regulations.

(3)In this section “food crime officer” means an officer of the Food Standards Agency who—

(a)is acting for the purposes of the performance by the Food Standards Agency of its functions under the Food Standards Act 1999 or any other enactment (including functions relating to the investigation of offences), and

(b)is authorised (whether generally or specifically) by the Secretary of State for the purposes of this section.

(4)The investigations for the purposes of which provisions of this Act may be applied by regulations under this section include investigations of offences committed, or suspected of having been committed, before the coming into force of the regulations or of this section.

(5)Regulations under this section are to be made by statutory instrument.

(6)Regulations under this section may make—

(a)different provision for different purposes;

(b)provision which applies generally or for particular purposes;

(c)incidental, supplementary, consequential, transitional or transitory provision or savings.

(7)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(8)In this section “enactment” includes—

(a)an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978, and

(b)an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru.]

115 Expenses.U.K.

Any expenses of a Minister of the Crown incurred in consequence of the provisions of this Act, including any increase attributable to those provisions in sums payable under any other Act, shall be defrayed out of money provided by Parliament.

116 Meaning of “serious arrestable offence”.E+W

F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

117 Power of constable to use reasonable force.E+W

Where any provision of this Act—

(a)confers a power on a constable; and

(b)does not provide that the power may only be exercised with the consent of some person, other than a police officer,

the officer may use reasonable force, if necessary, in the exercise of the power.

118 General interpretation. U.K.

(1)In this Act—

• F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F37[F38“British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);]

• “designated police station” has the meaning assigned to it by section 35 above;

• “document” [F39means anything in which information of any description is recorded.];

• F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “item subject to legal privilege” has the meaning assigned to it by section 10 above;

• “parent or guardian” means—

  (a)

  in the case of a child or young person in the care of a local authority, that authority; F41 . . .

  (b)

  F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “premises” has the meaning assigned to it by section 23 above;

• “recordable offence” means any offence to which regulations under section 27 above apply;

• “vessel” includes any ship, boat, raft or other apparatus constructed or adapted for floating on water.

(2)[F42Subject to subsection (2A)] a person is in police detention for the purposes of this Act if—

[F43(a)he has been taken to a police station after being arrested for an offence or after being arrested under section 41 [F44or 43B] of the Terrorism Act 2000 [F45or section 27 of the National Security Act 2023], or]

(b)he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it,

and is detained there or is detained elsewhere in the charge of a constable, except that a person who is at a court after being charged is not in police detention for those purposes.

[F46(2A)Where a person is in another’s lawful custody by virtue of paragraph F47... 34(1) or 35(3) of Schedule 4 to the Police Reform Act 2002, he shall be treated as in police detention.]]

119 Amendments and repeals.U.K.

(1)The enactments mentioned in Schedule 6 to this Act shall have effect with the amendments there specified.

(2)The enactments mentioned in Schedule 7 to this Act (which include enactments already obsolete or unnecessary) are repealed to the extent specified in the third column of that Schedule.

(3)The repeals in Parts II and IV of Schedule 7 to this Act have effect only in relation to criminal proceedings.

120 Extent.U.K.

(1)Subject to the following provisions of this section, this Act extends to England and Wales only.

(2)The following extend to Scotland only—

• F48. . .

• F48. . .

• section 111;

• section 112(1); and

• section 119(2), so far as it relates to the provisions of the M2Pedlars Act 1871 repealed by Part VI of Schedule 7.

(3)The following extend to Northern Ireland only—

• section 6(4); and

• section 112(2).

(4)The following extend to England and Wales and Scotland—

• section 6(1) and (2);

• section 7;

• F49. . .

• F49. . .

• F49. . .

• section 119(2), so far as it relates to section 19 of the M3Pedlars Act 1871.

(5)The following extend to England and Wales, Scotland and Northern Ireland—

• section 6(3);

• [F50section 9(2A);]

• F51. . .

• section 114(1).

[F52(6)Nothing in subsection (1) affects—

(a)the extent of section 113(1) to (7) and (12) to (14);

(b)the extent of the relevant provisions so far as they relate to service proceedings.]

(8)In this section “the relevant provisions” means—

[F53(a)section 67(11) to (13);]

(c)Parts VII and VIII of this Act, except paragraph 10 of Schedule 3;

[F54(d)section 113(8) to (10).]

[F55(8A)In this section “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006.”

(8B)Section 384 of the Armed Forces Act 2006 (Channel Islands, Isle of Man and British overseas territories) applies in relation to the provisions mentioned in subsection (6)(a) and (b) above as it applies in relation to that Act.]

F56(9A)Section 119(1), so far as it relates to any provision amended by Part II of Schedule 6, extends to any place to which that provision extends.

(10)Section 119(2), so far as it relates—

(a)to any provision contained in—

• the M4Army Act 1955;

• the M5Air Force Act 1955;

• the M6Armed Forces Act 1981; or

• the M7Value Added Tax Act 1983;

(b)to any provision mentioned in Part VI of Schedule 7, other than section 18 of the M8Pedlars Act 1871,

extends to any place to which that provision extends.

(11)So far as any of the following—

• section 115;

• in section 118, the definition of “document”;

• this section;

• section 121; and

• section 122,

has effect in relation to any other provision of this Act, it extends to any place to which that provision extends.

121 Commencement.U.K.

(1)This Act, except section 120 above, this section and section 122 below, shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions and for different purposes.

(2)Different days may be appointed under this section for the coming into force of section 60 above in different areas.

(3)When an order under this section provides by virtue of subsection (2) above that section 60 above shall come into force in an area specified in the order, the duty imposed on the Secretary of State by that section shall be construed as a duty to make an order under it in relation to interviews in that area.

(4)An order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into operation.

122 Short title.U.K.

This Act may be cited as the Police and Criminal Evidence Act 1984.