Serious Organised Crime and Police Act 2005 Explanatory Notes

The Act

Commentary on Sections

Part 3: Police powers etc.

Sections 120 and 121: Staff custody officers: designation and amendments to PACE

270.Sections 120 and 121 will provide chief officers of police with the ability to designate police staff as ‘staff custody officers’ under section 38 of the Police Reform Act 2002 (the “2002 Act”). Designated staff custody officers can be appointed custody officers of designated police stations under section 36(2) of PACE and can perform the functions of a custody officer under section 36(7) of that Act. Police staff cannot be designated as staff custody officers unless the chief officer is satisfied that they are suitable, capable and adequately trained. Designated custody officers will be subject to the PACE Codes and to the complaints process of the Independent Police Complaints Commission.