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Serious Organised Crime and Police Act 2005

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This is the original version (as it was originally enacted).

121Custody officers: amendments to PACE

This section has no associated Explanatory Notes

(1)Section 36 of PACE (custody officers at police stations) is amended as provided in subsections (2) to (6).

(2)For subsection (3) substitute—

“(3)No person may be appointed a custody officer unless—

(a)he is a police officer of at least the rank of sergeant; or

(b)he is a staff custody officer.”

(3)In subsection (5), for “an officer” substitute “an individual”.

(4)In subsection (7)—

(a)in paragraph (a)—

(i)after “by an officer” insert “or a staff custody officer”,

(ii)for “such an officer” substitute “such a person”,

(b)in paragraph (b), for “such officer” substitute “such person”.

(5)In subsection (8)—

(a)after “in” insert “section 34 above or in”,

(b)for “an officer” substitute “a person”.

(6)After subsection (10) add—

“(11)In this section, “staff custody officer” means a person who has been designated as such under section 38 of the Police Reform Act 2002.”

(7)In section 39 of PACE (responsibilities in relation to persons detained)—

(a)in subsection (6)(a), after “custody officer” insert “(or, if the custody officer is a staff custody officer, any police officer or any police employee)”,

(b)after subsection (6) add—

“(7)In subsection (6) above—

  • “police employee” means a person employed under section 15 of the Police Act 1996;

  • “staff custody officer” has the same meaning as in the Police Reform Act 2002.”

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