2005 No. 3389
POLICE, ENGLAND AND WALES
The Serious Organised Crime and Police Act 2005 (Powers of Arrest) (Consequential Amendments) Order 2005
Made 7th December 2005
Laid before Parliament 8th December 2005
Coming into force 1 January 2006

The Secretary of State makes the following Order in exercise of the powers conferred by section 173 of the Serious Organised Crime and Police Act 2005:
2005 c. 15.

1 Citation, commencement and extent
1 This Order may be cited as the Serious Organised Crime and Police Act 2005 (Powers of Arrest) (Consequential Amendments) Order 2005 and shall come into force on 1st January 2006.
2 This Order extends to England and Wales.

2 Police and Criminal Evidence Act 1984 (Application to Customs and Excise) Order 1985
1 The Police and Criminal Evidence Act 1984 (Application to Customs and Excise) Order 1985 is amended as follows.
S.I. 1985/1800.
2 In article 7 for “arrestable”, in both places where it occurs, there is substituted “indictable”.
3 In article 12 and Schedule 1 for the words “section 24(6)” there is substituted “section 24(2)”.
Article 12 was inserted by, and Schedule 1 was amended by, S.I. 1995/3217.

3 Serbia and Montenegro (United Nations Sanctions) Order 1992
Article 17(13) of the Serbia and Montenegro (United Nations Sanctions) Order 1992 is revoked.
S.I. 1992/1302.

4 United Nations Arms Embargoes (Liberia, Somalia and the Former Yugoslavia) Order 1993
Article 10(12) of the United Nations Arms Embargoes (Liberia, Somalia and the Former Yugoslavia) Order 1993 is revoked.
S.I. 1993/1787.

5 Channel Tunnel (International Arrangements) Order 1993
In paragraph 2(1)(c) of Part 1 of Schedule 3 to the Channel Tunnel (International Arrangements) Order 1993, for the words “arrestable offence (within the meaning of section 24 of the 1984 Act)” there is substituted “indictable offence”.
S.I. 1993/1813

6 Libya (United Nations Sanctions) Order 1993
Article 19(12) of the Libya (United Nations Sanctions) Order 1993 is revoked.
S.I. 1993/2807.

7 Channel Tunnel (Security) Order 1994
In articles 14(11) and 15(11)(a) of the Channel Tunnel (Security) Order 1994, for the words “sections 17, 24 and 25” there is substituted “sections 17, 24 and 24A”.
S.I. 1994/570

8 Haiti (United Nations Sanctions) Order 1994
Article 17(12) of the Haiti (United Nations Sanctions) Order 1994 is revoked.
S.I. 1994/1323.

9 Conservation (Natural Habitats, &c) Regulations 1994
In regulation 101(2) of the Conservation (Natural Habitats, &c) Regulations 1994 for the words “section 25” there is substituted “section 24”.
S.I. 1994/2716.

10 United Nations (International Tribunal) (Former Yugoslavia) Order 1996
1 The United Nations (International Tribunal) (Former Yugoslavia) Order 1996 is amended as follows.
S.I. 1996/716.
2 In sub-paragraph (a) of article 16(1) for the words—
(a) “serious arrestable offences” there is substituted “indictable offences”; and
(b) “a serious arrestable offence” there is substituted “an indictable offence”.
3 In sub-paragraph (b) of article 16(2) for the words “an arrestable offence within the meaning of the said Act of 1984” there is substituted “an indictable offence”.

11 United Nations (International Tribunal) (Rwanda) Order 1996
1 The United Nations (International Tribunal) (Rwanda) Order 1996 is amended as follows.
S.I. 1996/1296.
2 In sub-paragraph (a) of article 16(1) for the words—
(a) “serious arrestable offences” there is substituted “indictable offences”; and
(b) “a serious arrestable offence” there is substituted “an indictable offence”.
3 In sub-paragraph (b) of article 16(2) for the words “an arrestable offence within the meaning of the said Act of 1984” there is substituted “an indictable offence”.

12 Police and Criminal Evidence Act 1984 (Application to Armed Forces) Order 1997
In column 2 of the Schedule to the Police and Criminal Evidence Act 1984 (Application to Armed Forces) Order 1997, for “a serious arrestable offence”, in each place where it occurs, there is substituted “an indictable offence”.
S.I. 1997/15.

13 Federal Republic of Yugoslavia (United Nations Sanctions) Order 1998
Article 12(12) of the Federal Republic of Yugoslavia (United Nations Sanctions) Order 1998 is revoked.
S.I. 1998/1065.

14 Iraq (United Nations Sanctions) Order 2000
Article 11(6) of the Iraq (United Nations Sanctions) Order 1994 is revoked.
S.I. 2000/3241.

15 Terrorism (United Nations Measures) Order 2001
Article 10(10) of the Terrorism (United Nations Measures) Order 2001 is revoked.
S.I. 2001/3365.

16 Al-Qa'ida and Taliban (United Nations Measures) Order 2002
Article 20(13) of the Al-Qa'ida and Taliban (United Nations Measures) Order 2002 is revoked.
S.I. 2002/111.

17 Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002
In the definition of “DTI Investigation” in article 2 of the Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002, for “a serious arrestable offence”, in both places, there is substituted “an indictable offence”.
S.I. 2002/2326.

18 Somalia (United Nations Sanctions) Order 2002
Article 16(12) of the Somalia (United Nations Sanctions) Order 2002 is revoked.
S.I. 2002/2628.

19 Iraq (United Nations Sanctions) Order 2003
Article 20(12) of the Iraq (United Nations Sanctions) Order 2003 is revoked.
S.I. 2003/1519.

20 Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003
In article 5(3) of the Nationality, Immigration and Asylum (Juxtaposed Controls) Order 2003, for “a serious arrestable offence” there is substituted “an indictable offence”.
S.I. 2003/2818.

21 Extradition Act 2003 (Police Powers) Order 2003
In article 2(3) of the Extradition Act 2003 (Police Powers) Order 2003, for “a serious arrestable offence”, in both places, there is substituted “an indictable offence”.
S.I. 2003/3106.

22 Liberia (United Nations Sanctions) Order 2004
Article 15(12) of the Liberia (United Nations Sanctions) Order 2004 is revoked.
S.I. 2004/348.

23 Sudan (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004
For paragraph (2) of regulation 4 of the Sudan (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004, there is substituted the following paragraph—

“2 Notwithstanding that the offence in regulation 2 above is not, by virtue of the term of imprisonment for which a person may be sentenced in respect of it, an arrestable offence within the meaning of the Police and Criminal Evidence (Northern Ireland Order) 1989, Article 26(2) of that Order (in Northern Ireland) shall apply to the offence as if it were mentioned therein, and the offence shall accordingly be an arrestable offence within the meaning of the Order.”

S.I. 2004/373.

24 Liberia (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004
For paragraph (2) of regulation 4 of the Liberia (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004, there is substituted the following paragraph—

“2 Notwithstanding that the offence in regulation 2 above is not, by virtue of the term of imprisonment for which a person may be sentenced in respect of it, an arrestable offence within the meaning of the Police and Criminal Evidence (Northern Ireland Order) 1989, Article 26(2) of that Order (in Northern Ireland) shall apply to the offence as if it were mentioned therein, and the offence shall accordingly be an arrestable offence within the meaning of the Order.”

S.I. 2004/432.

25 Zimbabwe (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004
For paragraph (2) of regulation 4 of the Zimbabwe (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004, there is substituted the following paragraph—

“2 Notwithstanding that the offence in regulation 2 above is not, by virtue of the term of imprisonment for which a person may be sentenced in respect of it, an arrestable offence within the meaning of the Police and Criminal Evidence (Northern Ireland Order) 1989, Article 26(2) of that Order (in Northern Ireland) shall apply to the offence as if it were mentioned therein, and the offence shall accordingly be an arrestable offence within the meaning of the Order.”

S.I. 2004/559.

26 Police (Complaints and Misconduct) Regulations 2004
1 The Police (Complaints and Misconduct) Regulations 2004 are amended as follows.
S.I. 2004/643.
2 In regulation 1(2) the following definition is inserted before the definition of “working day”–

““a relevant offence” means—
(a) an offence for which the sentence is fixed by law,
(b) an offence for which a person of 18 years or over (not previously convicted) may be sentenced to imprisonment for a term of seven years (or might be so sentenced but for the restrictions imposed by section 33 of the Magistrates' Courts Act 1980;
1980 c. 43.”

.
3 For paragraph (v) of regulation 2(2)(a), there is substituted the following paragraph—

“(v) a relevant offence, or”

.
4 For sub-paragraph (e) of regulation 5(1), there is substituted the following sub-paragraph—

“(e) a relevant offence;”

.

27 Ministry of Defence Police (Conduct) Regulations 2004
For regulation 24(2)(c)(iii) of the Ministry of Defence Police (Conduct) Regulations 2004, there is substituted the following paragraph—

“(iii) an indictable offence.”

S.I. 2004/653.

28 Burma (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004
For paragraph (2) of regulation 4 of the Burma (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004, there is substituted the following paragraph—

“2 Notwithstanding that the offence in regulation 2 above is not, by virtue of the term of imprisonment for which a person may be sentenced in respect of it, an arrestable offence within the meaning of the Police and Criminal Evidence (Northern Ireland Order) 1989, Article 26(2) of that Order (in Northern Ireland) shall apply to the offence as if it were mentioned therein, and the offence shall accordingly be an arrestable offence within the meaning of the Order.”

S.I. 2004/1315.

29 Ivory Coast (United Nations Sanctions) Order 2005
Article 9(12) of the Ivory Coast (United Nations Sanctions) Order 2005 is revoked.
S.I. 2005/253.

30 Sudan (United Nations Measures) Order 2005
Article 10(6) of the Sudan (United Nations Measures) Order 2005 is revoked.
S.I. 2005/1259.

31 Democratic Republic of the Congo (United Nations Measures) Order 2005
Article 10(6) of the Democratic Republic of the Congo (United Nations Measures) Order 2005 is revoked.
S.I. 2005/1517.
Hazel Blears Minister of State Home Office 7th December 2005

(This note is not part of the Order)
Section 110 of the Serious Organised Crime and Police Act 2005 (“the 2005 Act”) inserts a new section 24 into the Police and Criminal Evidence Act 1984. The new section 24 removes the distinction between criminal offences which are arrestable and those which are not and provides that a constable may, provided certain criteria are met, arrest a person in relation to any criminal offence.
Section 111 of, and Schedule 7 to, the 2005 Act make a number of consequential amendments to primary legislation and repeal those powers of arrest which are not contained within PACE and which apply to constables.
This Order makes equivalent consequential amendments to secondary legislation.