Police and Criminal Evidence Act 1984 (c. 60)

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Police and Criminal Evidence Act 1984
1984 c. 60
An Act to make further provision in relation to the powers and duties of the police, persons in police detention, criminal evidence, police discipline and complaints against the police; to provide for arrangements for obtaining the views of the community on policing and for a rank of deputy chief constable; to amend the law relating to the Police Federations and Police Forces and Police Cadets in Scotland; and for connected purposes.                                    
[31st October 1984]

B e it enacted by the Queen s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Annotations:
Modifications etc. (not altering text)
By Criminal Justice Act 1991 (c.53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s.70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.
Act extended (15.4.1992) by S.I. 1992/975, art. 16(13).
Act extended (5.6.1992) by S.I. 1992/1302, art. 17(13).
Act extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 2(1)(a); and Act extended by the said S.I. 1993/1813, art. 6, Sch. 3 para. 2 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 3
Act amended (17.5.1996) by S.I. 1996/1296, art. 16(7)(a)
Act amended (16.6.2000) by S.I. 2000/1556, art. 17(12)
Act extended ( temp. ) (1.11.1997) by S.I. 1997/2592, arts. 1(2), 12(12)
Act: power to apply certain provisions (with modifications) conferred (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 13, 108(2)-(5), Sch. 3 Pt. 3 para. 19(6) (with s. 14(1)); S.I. 2002/2306, art. 4(e)
Act applied (14.2.2000) by 1971 c. 77, s. 28D(5) (as inserted (14.2.2000) by 1999 c. 33, ss. 131; S.I. 2000/168, art. 2, Sch.)
Act applied (with modifications) (14.10.2002) by The Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002 (S.I. 2002/2326), art. 3(1)(b)

Part I
Powers to Stop and Search
1.
Power of constable to stop and search persons, vehicles etc.
(1) A constable may exercise any power conferred by this section
(a)
in any place to which at the time when he proposes to exercise the power the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission; or
(b)
in any other place to which people have ready access at the time when he proposes to exercise the power but which is not a dwelling.
(2) Subject to subsection (3) to (5) below, a constable
(a)
may search
(i) any person or vehicle;
(ii) anything which is in or on a vehicle,
for stolen or prohibited articles [ F1 or any article to which subsection ( 8A ) below applies ] ; and
(b)
may detain a person or vehicle for the purpose of such a search.
(3) This section does not give a constable power to search a person or vehicle or anything in or on a vehicle unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles [ F2 or any article to which subsection ( 8A ) below applies ] .
(4) If a person is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search him in the exercise of the power conferred by this section unless the constable has reasonable grounds for believing
(a)
that he does not reside in the dwelling; and
(b)
that he is not in the place in question with the express or implied permission of a person who resides in the dwelling.
(5) If a vehicle is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search the vehicle or anything in or on it in the exercise of the power conferred by this section unless he has reasonable grounds for believing
(a)
that the person in charge of the vehicle does not reside in the dwelling; and
(b)
that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling.
(6) If in the course of such a search a constable discovers an article which he has reasonable grounds for suspecting to be a stolen or prohibited article [ F3 or any article to which subsection ( 8A ) below applies ] , he may seize it.
(7) An article is prohibited for the purposes of this Part of this Act if it is
(a)
an offensive weapon; or
(b)
an article
(i) made or adapted for use in the course of or in connection with an offence to which this sub-paragraph applies; or
(ii) intended by the person having it with him for such use by him or by some other person.
(8) The offences to which subsection (7)(b)(i) above applies are
(a)
burglary;
(b)
theft;
(c)
offences under section 12 of the M1 Theft Act 1968 (taking motor vehicle or other conveyance without authority); and
(d)
offences under section 15 of that Act (obtaining property by deception).
[ F4 ( 8A ) This subsection applies to any article in relation to which a person has committed, or is committing or is going to commit an offence under section 139 of the Criminal Justice Act 1988. ]
(9) In this Part of this Act offensive weapon means any article
(a)
made or adapted for use for causing injury to persons; or
(b)
intended by the person having it with him for such use by him or by some other person.
Annotations:
Amendments (Textual)
Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 140(1)(a)(i)
Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 140(1)(a)(ii)
Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 140(1)(b)
S. 1(8A) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 140(1)(c)
Marginal Citations
1968 c. 60.
2.
Provisions relating to search under section 1 and other powers.
(1) A constable who detains a person or vehicle in the exercise
(a)
of the power conferred by section 1 above; or
(b)
of any other power
(i) to search a person without first arresting him; or
(ii) to search a vehicle without making an arrest,
need not conduct a search if it appears to him subsequently
(i) that no search is required; or
(ii) that a search is impracticable.
(2) If a constable contemplates a search, other than a search of an unattended vehicle, in the exercise
(a)
of the power conferred by section 1 above; or
(b)
of any other power, except the power conferred by section 6 below and the power conferred by section 27(2) of the M2 Aviation Security Act 1982
(i) to search a person without first arresting him; or
(ii) to search a vehicle without making an arrest,
it shall be his duty, subject to subsection (4) below, to take reasonable steps before he commences the search to bring to the attention of the appropriate person
(i) if the constable is not in uniform, documentary evidence that he is a constable; and
(ii) whether he is in uniform or not, the matters specified in subsection (3) below;
and the constable shall not commence the search until he has performed that duty.
(3) The matters referred to in subsection (2)(ii) above are
(a)
the constable s name and the name of the police station to which he is attached;
(b)
the object of the proposed search;
(c)
the constable s grounds for proposing to make it; and
(d)
the effect of section 3(7) or (8) below, as may be appropriate.
(4) A constable need not bring the effect of section 3(7) or (8) below to the attention of the appropriate person if it appears to the constable that it will not be practicable to make the record in section 3(1) below.
(5) In this section the appropriate person means
(a)
if the constable proposes to search a person, that person; and
(b)
if he proposes to search a vehicle, or anything in or on a vehicle, the person in charge of the vehicle.
(6) On completing a search of an unattended vehicle or anything in or on such a vehicle in the exercise of any such power as is mentioned in subsection (2) above a constable shall leave a notice
(a)
stating that he has searched it;
(b)
giving the name of the police station to which he is attached;
(c)
stating that an application for compensation for any damage caused by the search may be made to that police station; and
(d)
stating the effect of section 3(8) below.
(7) The constable shall leave the notice inside the vehicle unless it is not reasonably practicable to do so without damaging the vehicle.
(8) The time for which a person or vehicle may be detained for the purposes of such a search is such time as is reasonably required to permit a search to be carried out either at the place where the person or vehicle was first detained or nearby.
(9) Neither the power conferred by section 1 above nor any other power to detain and search a person without first arresting him or to detain and search a vehicle without making an arrest is to be construed
(a)
as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves; or
(b)
as authorising a constable not in uniform to stop a vehicle.
(10) This section and section 1 above apply to vessels, aircraft and hovercraft as they apply to vehicles.
Annotations:
Marginal Citations
1982 c. 36.
3.
Duty to make records concerning searches.
(1) Where a constable has carried out a search in the exercise of any such power as is mentioned in section 2(1) above, other than a search
(a)
under section 6 below; or
(b)
under section 27(2) of the M3 Aviation Security Act 1982, he shall make a record of it in writing unless it is not practicable to do so.
(2) If
(a)
a constable is required by subsection (1) above to make a record of a search; but
(b)
it is not practicable to make the record on the spot,
he shall make it as soon as practicable after the completion of the search.
(3) The record of a search of a person shall include a note of his name, if the constable knows it, but a constable may not detain a person to find out his name.
(4) If a constable does not know the name of a person whom he has searched, the record of the search shall include a note otherwise describing that person.
(5) The record of a search of a vehicle shall include a note describing the vehicle.
(6) The record of a search of a person or a vehicle
(a)
shall state
(i) the object of the search;
(ii) the grounds for making it;
(iii) the date and time when it was made;
(iv) the place where it was made;
(v) whether anything, and if so what, was found;
(vi) whether any, and if so what, injury to a person or damage to property appears to the constable to have resulted from the search; and
(b)
shall identify the constable making it.
(7) If a constable who conducted a search of a person made a record of it, the person who was searched shall be entitled to a copy of the record if he asks for one before the end of the period specified in subsection (9) below.
(8) If
(a)
the owner of a vehicle which has been searched or the person who was in charge of the vehicle at the time when it was searched asked for a copy of the record of the search before the end of the period specified in subsection (9) below; and
(b)
the constable who conducted the search made a record of it,
the person who made the request shall be entitled to a copy.
(9) The period mentioned in subsections (7) and (8) above is the period of 12 months beginning with the date on which the search was made.
(10) The requirements imposed by this section with regard to records of searches of vehicles shall apply also to records of searches of vessels, aircraft and hovercraft.
Annotations:
Marginal Citations
1982 c. 36.
4.
Road checks.
(1) This section shall have effect in relation to the conduct of road checks by police officers for the purpose of ascertaining whether a vehicle is carrying
(a)
a person who has committed an offence other than a road traffic offence or a [ F5 vehicle ] excise offence;
(b)
a person who is a witness to such an offence;
(c)
a person intending to commit such an offence; or
(d)
a person who is unlawfully at large.
(2) For the purposes of this section a road check consists of the exercise in a locality of the power conferred by [ F6 section 163 of the Road Traffic Act 1988. ] in such a way as to stop during the period for which its exercise in that way in that locality continues all vehicles or vehicles selected by any criterion.
(3) Subject to subsection (5) below, there may only be such a road check if a police officer of the rank of superintendent or above authorises it in writing.
(4) An officer may only authorise a road check under subsection (3) above
(a)
for the purpose specified in subsection (1)(a) above, if he has reasonable grounds
(i) for believing that the offence is a serious arrestable offence; and
(ii) for suspecting that the person is, or is about to be, in the locality in which vehicles would be stopped if the road check were authorised;
(b)
for the purpose specified in subsection (1)(b) above, if he has reasonable grounds for believing that the offence is a serious arrestable offence;
(c)
for the purpose specified in subsection (1)(c) above, if he has reasonable grounds
(i) for believing that the offence would be a serious arrestable offence; and
(ii) for suspecting that the person is, or is about to be, in the locality in which vehicles would be stopped if the road check were authorised;
(d)
for the purpose specified in subsection (1)(d) above, if he has reasonable grounds for suspecting that the person is, or is about to be, in that locality.
(5) An officer below the rank of superintendent may authorise such a road check if it appears to him that it is required as a matter of urgency for one of the purposes specified in subsection (1) above.
(6) If an authorisation is given under subsection (5) above, it shall be the duty of the officer who gives it
(a)
to make a written record of the time at which he gives it; and
(b)
to cause an officer of the rank of superintendent or above to be informed that it has been given.
(7) The duties imposed by subsection (6) above shall be performed as soon as it is practicable to do so.
(8) An officer to whom a report is made under subsection (6) above may, in writing, authorise the road check to continue.
(9) If such an officer considers that the road check should not continue, he shall record in writing
(a)
the fact that it took place; and
(b)
the purpose for which it took place.
(10) An officer giving an authorisation under this section shall specify the locality in which vehicles are to be stopped.
(11) An officer giving an authorisation under this section, other than an authorisation under subsection (5) above
(a)
shall specify a period, not exceeding seven days, during which the road check may continue; and
(b)
may direct that the road check
(i) shall be continuous; or
(ii) shall be conducted at specified times,
during that period.
(12) If it appears to an officer of the rank of superintendent or above that a road check ought to continue beyond the period for which it has been authorised he may, from time to time, in writing specify a further period, not exceeding seven days, during which it may continue.
(13) Every written authorisation shall specify
(a)
the name of the officer giving it;
(b)
the purpose of the road check; and
(c)
the locality in which vehicles are to be stopped.
(14) The duties to specify the purposes of a road check imposed by subsections (9) and (13) above include duties to specify any relevant serious arrestable offence.
(15) Where a vehicle is stopped in a road check, the person in charge of the vehicle at the time when it is stopped shall be entitled to obtain a written statement of the purpose of the road check if he applies for such a statement not later than the end of the period of twelve months from the day on which the vehicle was stopped.
(16) Nothing in this section affects the exercise by police officers of any power to stop vehicles for purposes other than those specified in subsection (1) above.
Annotations:
Amendments (Textual)
Word in s. 4(1)(a) substituted (1.9.1994) by 1994 c. 22, ss. 66(1), 63, Sch. 3 para.19 (with s. 57(4))
Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 27(1)
5.
Reports of recorded searches and of road checks.
(1) Every annual report
[ F7 ( a )
under section 22 of the M4 Police Act 1996; or ]
(b)
made by the Commissioner of Police of the Metropolis,
shall contain information
(i) about searches recorded under section 3 above which have been carried out in the area to which the report relates during the period to which it relates; and
(ii) about road checks authorised in that area during that period under section 4 above.
[ F8 ( 1A ) Every annual report under section 57 of the Police Act 1997 ( reports by Director General of the National Crime Squad ) shall contain information
( a )
about searches recorded under section 3 above which have been carried out by members of the National Crime Squad during the period to which the report relates, and
( b )
about road checks authorised by members of the National Crime Squad during that period under section 4 above. ]
(2) The information about searches shall not include information about specific searches but shall include
(a)
the total numbers of searches in each month during the period to which the report relates
(i) for stolen articles;
(ii) for offensive weapons [ F9 or articles to which section 1 ( 8A ) above applies ] ; and
(iii) for other prohibited articles;
(b)
the total number of persons arrested in each such month in consequence of searches of each of the descriptions specified in paragraph (a)(i) to (iii) above.
(3) The information about road checks shall include information
(a)
about the reason for authorising each road check; and
(b)
about the result of each of them.
Annotations:
Amendments (Textual)
S. 5(1)(a) substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 Pt. II para. 34
S. 5(1A) inserted (1.4.1998) by 1997 c. 50, s. 134(1), Sch. 9 para.46; S.I. 1998/354, art. 2(bb)
Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 140(2)
Marginal Citations
1996 c. 16.
6.
Statutory undertakers etc.
(1) A constable employed by statutory undertakers may stop, detain and search any vehicle before it leaves a goods area included in the premises of the statutory undertakers.
[ F10 ( 1A ) Without prejudice to any powers under subsection ( 1 ) above, a constable employed [ F11 by the Strategic Rail Authority ] may stop, detain and search any vehicle before it leaves a goods area which is included in the premises of any successor of the British Railways Board and is used wholly or mainly for the purposes of a relevant undertaking. ]
(2) In this section goods area means any area used wholly or mainly for the storage or handling of goods [ F12 ; and successor of the British Railways Board and relevant undertaking have the same meaning as in the Railways Act 1993 ( Consequential Modifications ) Order 1999. ]
(3) For the purposes of section 6 of the M5 Public Stores Act 1875, any person appointed under the M6 Special Constables Act 1923 to be a special constable within any premises which are in the possession or under the control of British Nuclear Fuels Limited shall be deemed to be a constable deputed by a public department and any goods and chattels belonging to or in the possession of British Nuclear Fuels Limited shall be deemed to be Her Majesty s Stores.
(4) In the application of subsection (3) above to Northern Ireland, for the reference to the Special Constables Act 1923 there shall be substituted a reference to paragraph 1(2) of Schedule 2 to the M7 Emergency Laws (Miscellaneous Provisions) Act 1947.
Annotations:
Amendments (Textual)
S. 6(1A) inserted (13.8.1999) by S.I. 1999/1998, art. 5(1)
Words in s. 6(1A) substituted (1.2.2001) by 2000 c. 38, s. 217, Sch. 18 para. 5; S.I. 2001/57, art. 3(1) (Subject to Sch. 2 Pt II)
Words in s. 6(2) inserted (13.8.1999) by S.I. 1999/1998, art. 5(2)
Marginal Citations
1875 c. 25.
1923 c. 11.
1947 c. 10. (11 & 12 Geo. 6.)
7.
Part I supplementary
(1) The following enactments shall cease to have effect
(a)
section 8 of the M8 Vagrancy Act 1824;
(b)
section 66 of the M9 Metropolitan Police Act 1839;
(c)
section 11 of the M10 Canals (Offences) Act 1840;
(d)
section 19 of the M11 Pedlars Act 1871;
(e)
section 33 of the M12 County of Merseyside Act 1980; and
(f)
section 42 of the M13 West Midlands County Council Act 1980.
(2) There shall also cease to have effect
(a)
so much of any enactment contained in an Act passed before 1974, other than
(i) an enactment contained in public general Act; or
(ii) an enactment relating to statutory undertakers,
as confers power on a constable to search for stolen or unlawfully obtained goods; and
(b)
so much of any enactment relating to statutory undertakers as provides that such a power shall not be exercisable after the end of a specified period.
(3) In this Part of this Act statutory undertakers means persons authorised by any enactment to carry on any railway, light railway, road transport, water transport, canal, inland navigation, dock or harbour undertaking.
Annotations:
Marginal Citations
1824 c. 83.
1839 c. 47.
1840 c. 50.
1871 c. 96.
1980 c. x.
1980 c. xi.
Part II
Powers of Entry, Search and Seizure
Annotations:
Modifications etc. (not altering text)
Pt. II (ss. 8 23) extended (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 7(1); S.I. 1991/1072, art. 2 Sch. Pt. I
Pt. II (ss. 8-23) applied (with modifications) (17.5.1996) by S.I. 1996/1296, art. 16(1)
Pt. II (ss. 8-23) amended (17.5.1996) by S.I. 1996/1296, art. 16(7)(b)
Pt. II (ss. 8-23) applied (with modifications) (15.3.1996) by S.I. 1996/716, art. 16(1)
Pt. II (ss. 8-23) modified (1.9.2001) by 2001 c. 17, s. 33; S.I. 2001/2161, art. 2 (subject to art. 3)
Pt. II: Powers of seizure extended ( prosp. ) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para 1
Search warrants
8.
Power of justice of the peace to authorise entry and search of premises.
(1) If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing
(a)
that a serious arrestable offence has been committed; and
(b)
that there is material on premises specified in the application which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and
(c)
that the material is likely to be relevant evidence; and
(d)
that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and
(e)
that any of the conditions specified in subsection (3) below applies,
he may issue a warrant authorising a constable to enter and search the premises.
(2) A constable may seize and retain anything for which a search has been authorised under subsection (1) above.
(3) The conditions mentioned in subsection (1)(e) above are
(a)
that it is not practicable to communicate with any person entitled to grant entry to the premises;
(b)
that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;
(c)
that entry to the premises will not be granted unless a warrant is produced;
(d)
that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.
(4) In this Act relevant evidence , in relation to an offence, means anything that would be admissible in evidence at a trial for the offence.
(5) The power to issue a warrant conferred by this section is in addition to any such power otherwise conferred.
[ F13 ( 6 ) This section applies in relation to a relevant offence ( as defined in section 28D ( 4 ) of the Immigration Act 1971 ) as it applies in relation to a serious arrestable offence. ]
Annotations:
Amendments (Textual)
S. 8(6) inserted (14.2.2000) by 1999 c. 33. s. 169(1), Sch. 14 para. 80(2); S.I. 2000/168, art. 2, Sch.
Modifications etc. (not altering text)
Ss. 8, 9, 15, 16, 17(1)( b (2) (4), 18 20, 21, 22(1) (4), 28, 29, 30(1) (4)( a )(5) (11), 31, 32(1) (9), 34(1) (5), 35, 36, 37, 39, 40 44, 50, 51( d ), 52, 54, 55, 64(1) (4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3 11, Schs. 1, 2
S. 8 extended (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 7(1); S.I. 1991/1072, art. 2, Sch. Pt. I
S. 8 amended (1.10.1996) by 1996 c. 49, s. 7(3)(a)(4); S.I. 1996/2053, art. 2, Sch. Pt.III
S. 8 extended (1.10.1997) by 1997 c. 43, ss. 18(3), 41, Sch. 1 para. 10(4); S.I. 1997/2200, art. 2(g) (with art. 5)
S. 8 extended (2.12.2002 ) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 16(a) ; S.I. 2002/2750, art. 2(a)(ii)(d)
S. 8(2) modified (E.W.N.I.) (prosp.) by 2001 c. 16, ss. 55, 68, Sch. 1 Pt. 3 para. 84 (with s. 57(3))
S. 8(2) extended (2.12.2002) by Police Reform act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 16(c) ; S.I. 2002/2750, art. 2(a)(ii)(d)
9.
Special provisions as to access.
(1) A constable may obtain access to excluded material or special procedure material for the purposes of a criminal investigation by making an application under Schedule 1 below and in accordance with that Schedule.
(2) Any Act (including a local Act) passed before this Act under which a search of premises for the purposes of a criminal investigation could be authorised by the issue of a warrant to a constable shall cease to have effect so far as it relates to the authorisation of searches
(a)
for items subject to legal privilege; or
(b)
for excluded material; or
(c)
for special procedure material consisting of documents or records other than documents.
[ F14 ( 2A ) Section 4 of the Summary Jurisdiction ( Process ) Act 1881 ( c. 24 ) ( which includes provision for the execution of process of English courts in Scotland ) and section 29 of the Petty Sessions ( Ireland ) Act 1851 ( c. 93 ) ( which makes equivalent provision for execution in Northern Ireland ) shall each apply to any process issued by a circuit judge under Schedule 1 to this Act as it applies to process issued by a magistrates court under the Magistrates Courts Act 1980 ( c. 43 ) . ]
Annotations:
Amendments (Textual)
S. 9(2A) inserted (1.8.2001) by 2001 c. 16, s. 86(1); S.I. 2001/2223, art. 3(e)
Modifications etc. (not altering text)
Ss. 8, 9, 15, 16, 17(1)( b (2) (4), 18 20, 21, 22(1) (4), 28, 29, 30(1) (4)( a )(5) (11), 31, 32(1) (9), 34(1) (5), 35, 36, 37, 39, 40 44, 50, 51( d ), 52, 54, 55, 64(1) (4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3 11, Schs. 1, 2
S. 9(1) extended (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 17(a) ; S.I. 2002/2750, art. 2(a)(ii)(d)
S. 9(2) extended by Cinemas Act 1985 (c. 13, SIF 45A), s. 13(8)
10.
Meaning of items subject to legal privilege .
(1) Subject to subsection (2) below, in this Act items subject to legal privilege means
(a)
communications between a professional legal adviser and his client or any person representing his client made in connection with the giving of legal advice to the client;
(b)
communications between a professional legal adviser and his client or any person representing his client or between such an adviser or his client or any such representative and any other person made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; and
(c)
items enclosed with or referred to in such communications and made
(i) in connection with the giving of legal advice; or
(ii) in connection with or in contemplation of legal proceedings and for the purposes of such proceedings,
when they are in the possession of a person who is entitled to possession of them.
(2) Items held with the intention of furthering a criminal purpose are not items subject to legal privilege.
11.
Meaning of excluded material .
(1) Subject to the following provisions of this section, in this Act excluded material means
(a)
personal records which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office and which he holds in confidence;
(b)
human tissue or tissue fluid which has been taken for the purposes of diagnosis or medical treatment and which a person holds in confidence;
(c)
journalistic material which a person holds in confidence and which consists
(i) of documents; or
(ii) of records other than documents.
(2) A person holds material other than journalistic material in confidence for the purposes of this section if he holds it subject
(a)
to an express or implied undertaking to hold it in confidence; or
(b)
to a restriction on disclosure or an obligation of secrecy contained in any enactment, including an enactment contained in an Act passed after this Act.
(3) A person holds journalistic material in confidence for the purposes of this section if
(a)
he holds it subject to such an undertaking, restriction or obligation; and
(b)
it has been continuously held (by one or more persons) subject to such an undertaking, restriction or obligation since it was first acquired or created for the purposes of journalism.
12.
Meaning of personal records .
In this Part of this Act personal records means documentary and other records concerning an individual (whether living or dead) who can be identified from them and relating
(a)
to his physical or mental health;
(b)
to spiritual counselling or assistance given or to be given to him; or
(c)
to counselling or assistance given or to be given to him, for the purposes of his personal welfare, by any voluntary organisation or by any individual who
(i) by reason of his office or occupation has responsibilities for his personal welfare; or
(ii) by reason of an order of a court has responsibilities for his supervision.
13.
Meaning of journalistic material .
(1) Subject to subsection (2) below, in this Act journalistic material means material acquired or created for the purposes of journalism.
(2) Material is only journalistic material for the purposes of this Act if it is in the possession of a person who acquired or created it for the purposes of journalism.
(3) A person who receives material from someone who intends that the recipient shall use it for the purposes of journalism is to be taken to have acquired it for those purposes.
14.
Meaning of special procedure material .
(1) In this Act special procedure material means
(a)
material to which subsection (2) below applies; and
(b)
journalistic material, other than excluded material.
(2) Subject to the following provisions of this section, this subsection applies to material, other than items subject to legal privilege and excluded material, in the possession of a person who
(a)
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; and
(b)
holds it subject
(i) to an express or implied undertaking to hold it in confidence; or
(ii) to a restriction or obligation such as is mentioned in section 11(2)(b) above.
(3) Where material is acquired
(a)
by an employee from his employer and in the course of his employment; or
(b)
by a company from an associated company,
it is only special procedure material if it was special procedure material immediately before the acquisition.
(4) Where material is created by an employee in the course of his employment, it is only special procedure material if it would have been special procedure material had his employer created it.
(5) Where material is created by a company on behalf of an associated company, it is only special procedure material if it would have been special procedure material had the associated company created it.
(6) A company is to be treated as another s associated company for the purposes of this section if it would be so treated under section 302 of the M14 Income and Corporation Taxes Act 1970.
Annotations:
Marginal Citations
1970 c. 10.
15.
Search warrants safeguards.
(1) This section and section 16 below have effect in relation to the issue to constables under any enactment, including an enactment contained in an Act passed after this Act, of warrants to enter and search premises; and an entry on or search of premises under a warrant is unlawful unless it complies with this section and section 16 below.
(2) Where a constable applies for any such warrant, it shall be his duty
(a)
to state
(i) the ground on which he makes the application; and
(ii) the enactment under which the warrant would be issued;
(b)
to specify the premises which it is desired to enter and search; and
(c)
to identify, so far as is practicable, the articles or persons to be sought.
(3) An application for such a warrant shall be made ex parte and supported by an information in writing.
(4) The constable shall answer on oath any question that the justice of the peace or judge hearing the application asks him.
(5) A warrant shall authorise an entry on one occasion only.
(6) A warrant
(a)
shall specify
(i) the name of the person who applies for it;
(ii) the date on which it is issued;
(iii) the enactment under which it is issued; and
(iv) the premises to be searched; and
(b)
shall identify, so far as is practicable, the articles or persons to be sought.
(7) Two copies shall be made of a warrant.
(8) The copies shall be clearly certified as copies.
Annotations:
Modifications etc. (not altering text)
Ss. 8, 9, 15, 16, 17(1)( b (2) (4), 18 20, 21, 22(1) (4), 28, 29, 30(1) (4)( a )(5) (11), 31, 32(1) (9), 34(1) (5), 35, 36, 37, 39, 40 44, 50, 51( d ), 52, 54, 55, 64(1) (4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3 11, Schs. 1, 2
S. 15: power to apply (with modifications) conferred (prosp.) by Proceeds of Crime Act 2002 (c. 29), ss. 355(1)-(3)(a) , 458
S. 15 modified (2.12.2002) Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 16(d) ; S.I. 2002/2750, art. 2(a)(ii)(d)
S. 15(5)-(8) applied (3.9.2001) by 2000 c. 8, s. 176(6); S.I. 2001/2632, art. 2, Sch. 1 Pt. 2
16.
Execution of warrants.
(1) A warrant to enter and search premises may be executed by any constable.
(2) Such a warrant may authorise persons to accompany any constable who is executing it.
(3) Entry and search under a warrant must be within one month from the date of its issue.
(4) Entry and search under a warrant must be at a reasonable hour unless it appears to the constable executing it that the purpose of a search may be frustrated on an entry at a reasonable hour.
(5) Where the occupier of premises which are to be entered and searched is present at the time when a constable seeks to execute a warrant to enter and search them, the constable
(a)
shall identify himself to the occupier and, if not in uniform, shall produce to him documentary evidence that he is a constable;
(b)
shall produce the warrant to him; and
(c)
shall supply him with a copy of it.
(6) Where
(a)
the occupier of such premises is not present at the time when a constable seeks to execute such a warrant; but
(b)
some other person who appears to the constable to be in charge of the premises is present,
subsection (5) above shall have effect as if any reference to the occupier were a reference to that other person.
(7) If there is no person who appears to the constable to be in charge of the premises, he shall leave a copy of the warrant in a prominent place on the premises.
(8) A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued.
(9) A constable executing a warrant shall make an endorsement on it stating
(a)
whether the articles or persons sought were found; and
(b)
whether any articles were seized, other than articles which were sought.
(10) A warrant which
(a)
has been executed; or
(b)
has not been executed within the time authorised for its execution,
shall be returned
(i) if it was issued by a justice of the peace, to the [ F15 chief executive ] to the justices for the petty sessions area for which he acts; and
(ii) if it was issued by a judge, to the appropriate officer of the court from which he issued it.
(11) A warrant which is returned under subsection (10) above shall be retained for 12 months from its return
(a)
by the [ F15 chief executive ] to the justices, if it was returned under paragraph (i) of that subsection; and
(b)
by the appropriate officer, if it was returned under paragraph (ii).
(12) If during the period for which a warrant is to be retained the occupier of the premises to which it relates asks to inspect it, he shall be allowed to do so.
Annotations:
Amendments (Textual)
Words in s. 16(10)(11) substituted (1.4.2001) by 1999 c. 22, s. 90, Sch. 13 para. 126 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2
Modifications etc. (not altering text)
Ss. 8, 9, 15, 16, 17(1)( b (2) (4), 18 20, 21, 22(1) (4), 28, 29, 30(1) (4)( a )(5) (11), 31, 32(1) (9), 34(1) (5), 35, 36, 37, 39, 40 44, 50, 51( d ), 52, 54, 55, 64(1) (4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3 11, Schs. 1, 2
S. 16 applied (3.9.2001) by 2000 c. 8, s. 176(6); S.I. 2001/2632, art. 2, Sch. 1 Pt. 2
S. 16: power to apply (with modifications) conferred (prosp.) by Proceeds of Crime Act 2002 (c. 29), ss. 355(1)(2)(3)(b) , 458
S. 16 modified (2.12.2002) Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 16(e) ; S.I. 2002/2750, art. 2(a)(ii)(d)
Entry and search without search warrant
17.
Entry for purpose of arrest etc.
(1) Subject to the following provisions of this section, and without prejudice to any other enactment, a constable may enter and search any premises for the purpose
(a)
of executing
(i) a warrant of arrest issued in connection with or arising out of criminal proceedings; or
(ii) a warrant of commitment issued under section 76 of the M15 Magistrates Courts Act 1980;
(b)
of arresting a person for an arrestable offence;
(c)
of arresting a person for an offence under
(i) section 1 (prohibition of uniforms in connection with political objects), . . . F16 of the M16 Public Order Act 1936;
(ii) any enactment contained in sections 6 to 8 or 10 of the M17 Criminal Law Act 1977 (offences relating to entering and remaining on property);
[ F17 ( iii ) section 4 of the Public Order Act 1986 ( fear or provocation of violence ) ; ]
[ F18 ( iiia ) section 163 of the Road Traffic Act 1988 ( c. 52 ) ( failure to stop when required to do so by a constable in uniform ) ; ]
[  F19 ( iv ) section 76 of the Criminal Justice and Public Order Act 1994 ( failure to comply with interim possession order ) ; ]
[ F20 ( ca )
of arresting, in pursuance of section 32 ( 1A ) of the Children and Young Persons Act 1969, any child or young person who has been remanded or committed to local authority accommodation under section 23 ( 1 ) of that Act;
( cb )
of recapturing any person who is, or is deemed for any purpose to be, unlawfully at large while liable to be detained
( i ) in a prison, remand centre, young offender institution or secure training centre, or
( ii ) in pursuance of [ F21 section 92 of the Powers of Criminal Courts ( Sentencing ) Act 2000 ] ( dealing with children and young persons guilty of grave crimes ) , in any other place; ]
(d)
of recapturing [ F22 any person whatever ] who is unlawfully at large and whom he is pursuing; or
(e)
of saving life or limb or preventing serious damage to property.
(2) Except for the purpose specified in paragraph (e) of subsection (1) above, the powers of entry and search conferred by this section
(a)
are only exercisable if the constable has reasonable grounds for believing that the person whom he is seeking is on the premises; and
(b)
are limited, in relation to premises consisting of two or more separate dwellings, to powers to enter and search
(i) any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other such dwelling; and
(ii) any such dwelling in which the constable has reasonable grounds for believing that the person whom he is seeking may be.
(3) The powers of entry and search conferred by this section are only exercisable for the purposes specified in subsection (1)(c)(ii) [ F23 or ( iv ) ] above by a constable in uniform.
(4) The power of search conferred by this section is only a power to search to the extent that is reasonably required for the purpose for which the power of entry is exercised.
(5) Subject to subsection 6 below, all the rules of common law under which a constable has power to enter premises without a warrant are hereby abolished.
(6) Nothing in subsection (5) above affects any power of entry to deal with or prevent a breach of the peace.
Annotations:
Amendments (Textual)
Words repealed by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(3), Sch. 2 para. 7, Sch. 3
S.17(1)( c )(iii) inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2), Sch. 2 para. 7
S. 17(1)(c)(iiia) inserted (1.10.2002) by Police Reform Act 2002 (c. 30),