Office of Public Sector Information
PART 3 continued
(1) Section 65 of PACE (which defines certain terms for the purposes of Part 5 of that Act) is amended as follows.
(2) In the definition of “intimate sample”, for paragraph (c) substitute—
“(c) a swab taken from any part of a person’s genitals (including pubic hair) or from a person’s body orifice other than the mouth;”.
(3) In the definition of “non-intimate sample”, for paragraph (c) substitute—
“(c) a swab taken from any part of a person’s body other than a part from which a swab taken would be an intimate sample;”.
(1) Section 38 of the Police Reform Act 2002 (c. 30) (police powers for police authority employees) is amended as provided in subsections (2) to (4).
(2) In subsection (2), after paragraph (d) add—
“(e) staff custody officer.”
(3) In subsection (6), after paragraph (d) add—
“(e) in the case of a person designated as a staff custody officer, Part 4A.”
(4) After subsection (9) add—
“(10) References in this section, section 42 or section 46(4) to powers and duties conferred or imposed on a designated person, or to a designated person’s being authorised or required to do anything by virtue of a designation under this section, or to a power or duty exercisable by a designated person in reliance on or by virtue of a designation under this section are, in the case of a staff custody officer at a police station designated under section 35(1) of the 1984 Act, references to those things in relation to him after his appointment as a custody officer for that police station under section 36(2) of that Act.”
(5) After Part 4 of Schedule 4 to the Police Reform Act 2002 (powers exercisable by police civilians) insert—
35A (1) Where a designation applies this paragraph to any person, he may (subject to sub-paragraph (2)) perform all the functions of a custody officer under the 1984 Act (except those under section 45A(4) of that Act) and under any other enactment which confers functions on such a custody officer.
(2) But in relation to a police station designated under section 35(1) of the 1984 Act, the person must first also be appointed a custody officer for that police station under section 36(2) of that Act.
(3) A person performing the functions of a custody officer by virtue of a designation under this paragraph (together with, if appropriate, an appointment as such) shall have all the powers and duties of a custody officer.
(4) Except in sections 36 and 45A(4) of the 1984 Act, references in any enactment to a custody officer within the meaning of that Act include references to a person performing the functions of a custody officer by virtue of a designation under this paragraph.”
(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.”
(1) The Police Reform Act 2002 (c. 30) is amended as follows.
(2) In section 42 (supplementary provisions relating to designations)—
(a) in subsection (2), after “section 41 shall” insert “, subject to subsection (2A),”,
(b) after subsection (2) insert—
“(2A) A police officer of or above the rank of inspector may direct a particular investigating officer not to wear a uniform for the purposes of a particular operation; and if he so directs, subsection (2) shall not apply in relation to that investigating officer for the purposes of that operation.
(2B) In subsection (2A), “investigating officer” means a person designated as an investigating officer under section 38 by the chief officer of police of the same force as the officer giving the direction.”
(3) Schedule 4 (powers exercisable by police civilians) is amended as follows—
(a) in paragraph 1, after sub-paragraph (2) insert—
“(2A) The reference to the powers mentioned in sub-paragraph (2)(a) does not include those powers so far as they relate to an offence under the provisions in the following list—
section 1 of the Theft Act 1968,
section 87 of the Environmental Protection Act 1990.”,
(b) in paragraph 15A (power to modify paragraph 1(2)(a)), for sub-paragraph (1) substitute—
“(1) The Secretary of State may by order amend paragraph 1(2A) so as to remove a provision from the list or add a provision to the list; but the list must contain only provisions mentioned in the first column of the Table in section 1(1) of the Criminal Justice and Police Act 2001.”,
and in the heading to paragraph 15A, for “1(2)(a)” substitute “1(2A)”.
(4) Schedule 5 (powers exercisable by accredited persons) is amended as provided in subsections (5) and (6).
(5) In paragraph 1 (power to issue fixed penalty notices)—
(a) in sub-paragraph (2)(aa), omit “except in respect of an offence under section 12 of the Licensing Act 1872 or section 91 of the Criminal Justice Act 1967”,
(b) after sub-paragraph (2) insert—
“(2A) The reference to the powers mentioned in sub-paragraph (2)(aa) does not include those powers so far as they relate to an offence under the provisions in the following list—
section 12 of the Licensing Act 1872,
section 91 of the Criminal Justice Act 1967,
section 1 of the Theft Act 1968,
section 1(1) of the Criminal Damage Act 1971,
section 87 of the Environmental Protection Act 1990.”
(6) In paragraph 9A (power to modify paragraph 1(2)(aa)), for sub-paragraph (1) substitute—
“(1) The Secretary of State may by order amend paragraph 1(2A) so as to remove a provision from the list or add a provision to the list; but the list must contain only provisions mentioned in the first column of the Table in section 1(1) of the Criminal Justice and Police Act 2001.”,
and in the heading to paragraph 9A, for “1(2)(aa)” substitute “1(2A)”.
(7) Schedules 8 and 9 to this Act, which provide for additional powers and duties for designated and accredited persons under the Police Reform Act 2002 (c. 30), have effect.
(1) In section 71 of the Criminal Justice and Court Services Act 2000 (c. 43) (access to driver licensing records), in subsection (4), after “In this section” insert “—
“constables” includes—
(a) persons employed by a police authority under section 15(1) of the Police Act 1996 who are under the direction and control of the chief officer of police of the police force maintained by that authority,
(b) persons employed by a police authority under section 9(1) of the Police (Scotland) Act 1967 who are under the direction and control of the chief constable of the police force maintained for the authority’s area,
(c) police support staff (within the meaning of the Police (Northern Ireland) Act 2000), and
(d) persons employed by the British Transport Police Authority under section 27(1) of the Railways and Transport Safety Act 2003 who are under the direction and control of the Chief Constable of the British Transport Police Force”.
(2) In section 18 of the Vehicles (Crime) Act 2001 (c. 3) (register of registration plate suppliers), after subsection (8) insert—
“(9) In this section, “constables” includes—
(a) persons employed by a police authority under section 15(1) of the Police Act 1996 who are under the direction and control of the chief officer of police of the police force maintained by that authority,
(b) persons employed by a police authority under section 9(1) of the Police (Scotland) Act 1967 who are under the direction and control of the chief constable of the police force maintained for the authority’s area, and
(c) persons employed by the British Transport Police Authority under section 27(1) of the Railways and Transport Safety Act 2003 who are under the direction and control of the Chief Constable of the British Transport Police Force.”.
(3) In section 36 of the Vehicles (Crime) Act 2001 (c. 3) (access to certain motor insurance information), in subsection (3), after “In this section—” insert—
““constables” includes—
(a) persons employed by a police authority under section 15(1) of the Police Act 1996 who are under the direction and control of the chief officer of police of the police force maintained by that authority,
(b) persons employed by a police authority under section 9(1) of the Police (Scotland) Act 1967 who are under the direction and control of the chief constable of the police force maintained for the authority’s area, and
(c) persons employed by the British Transport Police Authority under section 27(1) of the Railways and Transport Safety Act 2003 who are under the direction and control of the Chief Constable of the British Transport Police Force;”.
In this Part, “PACE” means the Police and Criminal Evidence Act 1984 (c. 60).
Serious Organised Crime and Police Act 2005