|
| |
|
23 | In section 416(7) (interpretation of Part 8), for ““interim receiving order”” |
| |
substitute ““property freezing order”, “interim receiving order”, |
| |
“prohibitory property order””. |
| |
24 | In section 432 (insolvency practitioners), in subsections (1)(b), (8)(a) and |
| |
(9)(a), for “an interim receiving order made under section 246” substitute “a |
| 5 |
property freezing order made under section 245A, an interim receiving |
| |
order made under section 246, a prohibitory property order made under |
| |
| |
| |
| |
Powers of Arrest: Supplementary |
| 10 |
| |
| |
Public Stores Act 1875 (c. 25) |
| |
1 | In section 12 of the Public Stores Act 1875 (powers of arrest and search), |
| |
| 15 |
Police and Criminal Evidence Act 1984 (c. 60) |
| |
2 (1) | The Police and Criminal Evidence Act 1984 is amended as follows. |
| |
(2) | In section 118 (general interpretation), in subsection (1), omit the definition |
| |
| |
(3) | Schedule 1A (specific offences which are arrestable offences) shall cease to |
| 20 |
| |
| |
| |
3 | So much of the enactments set out in the second column of the Table below |
| |
as confers a power of arrest without warrant upon— |
| 25 |
| |
(b) | persons in general (as distinct from persons of any description |
| |
specified in or for the purposes of the enactment), |
| |
| shall cease to have effect to the extent that it is not already spent. |
| |
| | | | 30 | | Unlawful Drilling Act 1819 |
| Section 2 (power to disperse unlawful meeting). |
| | | | (60 Geo. 3 & 1 Geo. 4 c. 1) |
| | | | | Military Lands Act 1892 (c. 43) |
| Section 17(2) (powers relating to breaches of |
| | | | | | | | | | Section 7 (arrest for breach of byelaws). |
| | 35 | | (General Powers) Act 1894 |
| | | | | | | | |
|
|
| |
|
| |
|
| |
Amendments relating to references to arrestable offences and serious |
| |
| |
Criminal Law Act 1826 (c. 64) |
| |
4 | In section 28 of the Criminal Law Act 1826 (which confers power to order |
| 5 |
the payment of compensation to those who have helped apprehend an |
| |
offender), for “an arrestable offence” substitute “an indictable offence”. |
| |
Criminal Law Act 1967 (c. 58) |
| |
5 (1) | The Criminal Law Act 1967 is amended as follows. |
| |
(2) | In section 4 (penalties for assisting offenders)— |
| 10 |
| |
(i) | for “an arrestable offence” substitute “a relevant offence”, |
| |
(ii) | for “other arrestable offence” substitute “other relevant |
| |
| |
(b) | for subsection (1A) substitute— |
| 15 |
“(1A) | In this section and section 5 below, “relevant offence” |
| |
| |
(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 |
| 20 |
imprisonment for a term of five years (or might be so |
| |
sentenced by for the restrictions imposed by section |
| |
33 of the Magistrates’ Courts Act 1980).”, |
| |
(c) | in subsection (2), for “an arrestable offence” substitute “a relevant |
| |
| 25 |
(3) | In section 5 (penalties for concealing offences or giving false information), |
| |
| |
(a) | for “an arrestable offence” substitute “a relevant offence”, |
| |
(b) | for “other arrestable offence” substitute “other relevant offence”. |
| |
Port of London Act 1968 (c. xxxii) |
| 30 |
6 (1) | The Port of London Act 1968 is amended as follows. |
| |
(2) | In section 2 (interpretation), omit the definition of “arrestable offence”. |
| |
(3) | In section 156 (powers of constables), in subsection (2), for “arrestable”, in |
| |
each place where it occurs, substitute “indictable”. |
| |
Solicitors Act 1974 (c. 47) |
| 35 |
7 (1) | The Solicitors Act 1974 is amended as follows. |
| |
(2) | In section 13A (imposition of conditions while practising certificates are in |
| |
force), in subsection (2)(d), for sub-paragraph (ii) substitute— |
| |
“(ii) | an indictable offence.” |
| |
(3) | In section 13B (suspension of practising certificates where solicitors |
| 40 |
|
| |
|
| |
|
convicted of fraud or serious crime), in subsection (1)(a), for sub-paragraph |
| |
| |
“(ii) | an indictable offence; and”. |
| |
Police and Criminal Evidence Act 1984 (c. 60) |
| |
8 (1) | The Police and Criminal Evidence Act 1984 is amended as follows. |
| 5 |
(2) | In section 4 (road checks)— |
| |
(a) | for “a serious arrestable offence”, in each place where it occurs, |
| |
substitute “an indictable offence”, |
| |
(b) | in subsection (14), for “serious arrestable offence” substitute |
| |
| 10 |
(3) | In section 8 (powers to authorise entry and search), for “a serious arrestable |
| |
offence”, in both places, substitute “an indictable offence”. |
| |
(4) | In section 17 (entry for purpose of arrest etc.), in subsection (1)(b), for |
| |
“arrestable” substitute “indictable”. |
| |
(5) | In section 18 (entry and search after arrest), in subsection (1), for |
| 15 |
“arrestable”, in both places, substitute “indictable”. |
| |
(6) | In section 32 (search upon arrest), in subsection (2), for paragraph (b) |
| |
| |
“(b) | if the offence for which he has been arrested is an indictable |
| |
offence, to enter and search any premises in which he was |
| 20 |
when arrested or immediately before he was arrested for |
| |
evidence relating to the offence.” |
| |
(7) | In section 42 (authorisation of continued detention), in subsection (1)(b), for |
| |
“arrestable” substitute “indictable”. |
| |
(8) | In section 43 (warrants of further detention), in subsection (4)(b), for “a |
| 25 |
serious arrestable offence” substitute “an indictable offence”. |
| |
(9) | In section 56 (right to have someone informed when arrested)— |
| |
(a) | in each of subsections (2)(a) and (5)(a), for “a serious arrestable |
| |
offence” substitute “an indictable offence”, |
| |
(b) | in subsection (5A)(a), for “the serious arrestable offence” substitute |
| 30 |
“the indictable offence”. |
| |
(10) | In section 58 (access to legal advice)— |
| |
(a) | in each of subsections (6)(a) and (8)(a), for “a serious arrestable |
| |
offence” substitute “an indictable offence”, |
| |
(b) | in subsection (8A)(a), for “the serious arrestable offence” substitute |
| 35 |
“the indictable offence”. |
| |
(11) | In section 114A (power to apply Act to officers of Secretary of State), in |
| |
subsection (2)(c), for “a serious arrestable offence”, in both places, substitute |
| |
| |
(12) | Section 116 (meaning of “serious arrestable offence”) shall cease to have |
| 40 |
| |
(13) | In Schedule 1 (special procedure material), in paragraph 2(a)(i), for “a |
| |
serious arrestable offence” substitute “an indictable offence”. |
| |
|
| |
|
| |
|
(14) | Schedule 5 (serious arrestable offences) shall cease to have effect. |
| |
Administration of Justice Act 1985 (c. 61) |
| |
9 | In section 16 of the Administration of Justice Act 1985 (conditional licences |
| |
for licensed conveyancers), in subsection (1)(ia), for “a serious arrestable |
| |
offence (as defined by section 116 of the Police and Criminal Evidence Act |
| 5 |
1984)” substitute “an indictable offence”. |
| |
| |
10 | In Part 1 of Schedule 2 to the Housing Act 1985 (which sets out grounds |
| |
upon which a court may, if it considers it reasonable, order possession of |
| |
dwelling-houses let under secure tenancies), in Ground 2, in paragraph |
| 10 |
(b)(ii), for “arrestable” substitute “indictable”. |
| |
| |
11 | In Part 2 of Schedule 2 to the Housing Act 1988 (which sets out grounds on |
| |
which a court may order possession of dwelling-houses let on assured |
| |
tenancies), in Ground 14, in paragraph (b)(ii), for “arrestable” substitute |
| 15 |
| |
Criminal Justice and Public Order Act 1994 (c. 33) |
| |
12 (1) | The Criminal Justice and Public Order Act 1994 is amended as follows. |
| |
(2) | In section 137 (cross-border powers of arrest etc.)— |
| |
(a) | in subsection (1), for “conditions applicable to this subsection are” |
| 20 |
substitute “condition applicable to this subsection is”, |
| |
(b) | for subsection (4) substitute— |
| |
“(4) | The condition applicable to subsection (1) above is that it |
| |
appears to the constable that it would have been lawful for |
| |
him to have exercised the powers had the suspected person |
| 25 |
been in England and Wales.”, |
| |
(c) | in subsection (9), for the definition of ““arrestable offence” and |
| |
“designated police station”” substitute— |
| |
““arrestable offence” has the same meaning as in the |
| |
Police and Criminal Evidence (Northern Ireland) |
| 30 |
Order 1989 (“the 1989 Order”); |
| |
“designated police station” has the same meaning as in |
| |
the Police and Criminal Evidence Act 1984 or, in |
| |
relation to Northern Ireland, as in the 1989 Order; |
| |
| 35 |
(3) | In section 138 (provisions supplementing section 137), in subsection (3), for |
| |
“subsections (4)(b) and (6)(b)” substitute “subsection (6)(b)”. |
| |
(4) | In section 140 (reciprocal powers of arrest), in subsection (1), for “section |
| |
24(6) or (7) or 25” substitute “section 24”. |
| |
(5) | This paragraph extends to the whole of the United Kingdom. |
| 40 |
|
| |
|
| |
|
Terrorism Act 2000 (c. 11) |
| |
13 (1) | In Schedule 8 to the Terrorism Act 2000 (detention), in paragraph 8 (which |
| |
relates to the rights of a person detained under Schedule 7 to or section 41 of |
| |
| |
(a) | in sub-paragraph (4), for “serious arrestable offence”, in each place |
| 5 |
where it occurs, substitute “serious offence”, |
| |
(b) | in sub-paragraph (9), for the words before paragraph (a) substitute |
| |
“In this paragraph, references to a “serious offence” are (in relation to |
| |
England and Wales) to an indictable offence, and (in relation to |
| |
Northern Ireland) to a serious arrestable offence within the meaning |
| 10 |
of Article 87 of the Police and Criminal Evidence (Northern Ireland) |
| |
Order 1989; but also include—”. |
| |
(2) | This paragraph extends to the whole of the United Kingdom. |
| |
Armed Forces Act 2001 (c. 19) |
| |
14 | In section 5 of the Armed Forces Act 2001 (power of judicial officer to |
| 15 |
authorise entry and search of certain premises), in subsection (2)(a), for “a |
| |
serious arrestable offence for the purposes of the 1984 Act” substitute “an |
| |
| |
| This paragraph has the same extent as the Armed Forces Act 2001. |
| |
International Criminal Court Act 2001 (c. 17) |
| 20 |
15 (1) | The International Criminal Court Act 2001 is amended as follows. |
| |
(2) | In section 33 (entry, search and seizure), in subsection (2), for “a serious |
| |
arrestable offence” substitute “(in the case of Part 2 of the 1984 Act) to an |
| |
indictable offence or (in the case of Part III of the 1989 Order) to a serious |
| |
| 25 |
(3) | In section 55 (meaning of “ancillary offence” under the law of England and |
| |
Wales), in subsection (5), in each of paragraphs (a) and (b), for “an arrestable |
| |
offence” substitute “a relevant offence”. |
| |
(4) | This paragraph extends to England and Wales and to Northern Ireland (but |
| |
| 30 |
Crime (International Co-operation) Act 2003 (c. 32) |
| |
16 (1) | The Crime (International Co-operation) Act 2003 is amended as follows. |
| |
(2) | In section 16 (extension of statutory search powers in England and Wales |
| |
and Northern Ireland), in subsection (1)— |
| |
(a) | for “serious arrestable offences” substitute “indictable offences”, |
| 35 |
(b) | in paragraph (b), for “a serious arrestable offence” substitute “an |
| |
| |
(3) | In section 17 (warrants in England and Wales or Northern Ireland), in |
| |
| |
(a) | for paragraph (b) substitute— |
| 40 |
“(b) | the conduct constituting the offence which is the |
| |
subject of the proceedings or investigation would (if it |
| |
occurred in England and Wales) constitute an |
| |
|
| |
|
| |
|
indictable offence, or (if it occurred in Northern |
| |
Ireland) constitute an arrestable offence, and”, |
| |
(b) | in the definition of “arrestable offence”, omit the words “the Police |
| |
and Criminal Evidence Act 1984 (c.60) or (as the case may be)”. |
| |
(4) | This paragraph extends to the whole of the United Kingdom. |
| 5 |
| |
| |
Powers of designated and accredited persons |
| |
| |
| |
1 | Schedule 4 to the Police Reform Act 2002 (c. 30) (powers exercisable by |
| 10 |
police civilians) is amended as follows. |
| |
Community support officers |
| |
2 (1) | Paragraph 2 (power to detain etc.) is amended as follows. |
| |
(2) | In sub-paragraph (1), at the end add “, but such a designation may specify |
| |
that, in relation to that person, the application of sub-paragraph (2) of this |
| 15 |
paragraph is confined to one or more only (and not to all) of the relevant |
| |
offences set out in sub-paragraph (6) and the relevant licensing offences set |
| |
out in sub-paragraph (6A).” |
| |
(3) | In sub-paragraph (2), after “area,” insert “or a relevant licensing offence |
| |
(whether or not in the relevant police area),”. |
| 20 |
(4) | In sub-paragraph (3), at the end add the following new sentence— |
| |
| “This sub-paragraph does not apply if the requirement was |
| |
imposed in connection with a relevant licensing offence |
| |
mentioned in paragraph (a), (c) or (f) of sub-paragraph (6A) |
| |
believed to have been committed on licensed premises (within the |
| 25 |
meaning of the Licensing Act 2003).” |
| |
(5) | After sub-paragraph (3) insert— |
| |
“(3A) | Where a person to whom this paragraph applies (“the CSO”) has |
| |
reason to believe that another person is committing an offence |
| |
under section 3 or 4 of the Vagrancy Act 1824, and requires him to |
| 30 |
stop doing whatever gives rise to that belief, the CSO may, if the |
| |
other person fails to stop as required, require him to wait with the |
| |
CSO, for a period not exceeding thirty minutes, for the arrival of a |
| |
| |
(6) | In sub-paragraph (4), after “(3)” insert “or (3A)”. |
| 35 |
(7) | In sub-paragraph (5)(b), after “(3)” insert “or (3A)”. |
| |
(8) | In sub-paragraph (6), after the paragraph (ab) inserted by paragraph 12(2) |
| |
of Schedule 13 to this Act, insert— |
| |
“(ac) | an offence under section 3 or 4 of the Vagrancy Act 1824; |
| |
| 40 |
|
| |
|
| |
|
(9) | After sub-paragraph (6) insert— |
| |
“(6A) | In this paragraph “relevant licensing offence” means an offence |
| |
under any of the following provisions of the Licensing Act 2003— |
| |
(a) | section 141 (otherwise than by virtue of subsection (2)(c) |
| |
| 5 |
| |
| |
(d) | section 149(1)(a), (3)(a) or (4)(a); |
| |
| |
(f) | section 150(2) (otherwise than by virtue of subsection |
| 10 |
| |
(g) | section 152(1) (excluding paragraph (b)).” |
| |
3 | After paragraph 2 insert— |
| |
“Powers to search individuals and to seize and retain items |
| |
2A (1) | Where a designation applies this paragraph to any person, that |
| 15 |
person shall (subject to sub-paragraph (3)) have the powers |
| |
mentioned in sub-paragraph (2) in relation to a person upon |
| |
whom he has imposed a requirement to wait under paragraph 2(3) |
| |
or (3A) (whether or not that person makes an election under |
| |
| 20 |
(2) | Those powers are the same powers as a constable has under |
| |
section 32 of the 1984 Act in relation to a person arrested at a place |
| |
other than a police station— |
| |
(a) | to search the arrested person if the constable has |
| |
reasonable grounds for believing that the arrested person |
| 25 |
may present a danger to himself or others; and to seize and |
| |
retain anything he finds on exercising that power, if the |
| |
constable has reasonable grounds for believing that the |
| |
person being searched might use it to cause physical injury |
| |
to himself or to any other person; |
| 30 |
(b) | to search the arrested person for anything which he might |
| |
use to assist him to escape from lawful custody; and to |
| |
seize and retain anything he finds on exercising that power |
| |
(other than an item subject to legal privilege) if the |
| |
constable has reasonable grounds for believing that the |
| 35 |
person being searched might use it to assist him to escape |
| |
| |
(3) | If in exercise of the power conferred by sub-paragraph (1) the |
| |
person to whom this paragraph applies seizes and retains |
| |
anything by virtue of sub-paragraph (2), he must— |
| 40 |
(a) | tell the person from whom it was seized where inquiries |
| |
about its recovery may be made; and |
| |
(b) | comply with a constable’s instructions about what to do |
| |
| |
|
| |
|