Police and Criminal Evidence Act 1984 (Ch 60)
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This document is for private study purposes only. It is likely not to reflect the law as it stands today. It may be incomplete, and some provisions are likely to have been repealed or amended, and new ones inserted.
PART 1
POWERS TO STOP AND SEARCH
1. Power of constable to stop and search persons, vehicles etc.-
(l) 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 subsections (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 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 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 permissio 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 or an 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 th eperson 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 Theft Act 1968 (taking motor vehicle or other conveyance without authority); and
(d) offences under section 15 of that Act (obtaining property by deception).
(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.
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 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.
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 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 toi 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, teh 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) ...
8 Power of Justice of the Peace to authorise entry and search of premises
8.--
(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 mentioned in sub section (1A) below 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; 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 in relation to each set of premises specified in the application,
he may issue a warrant authorising a constable to enter and search the premises.
(1A) The premises referred to in subsection (1) (b) above are—
(a) one or more sets of premises specified in the application I in which case the application is for a "specific premises warrant"); or
(b) any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an "all premises warrant".
(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.
9:-
(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
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.
14:--
(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
15:--
(1) This section and section 16 below (which relates to execution) 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 -
(c) to identify, so far as is practicable, the articles or persons to be sought.
(6) a warrant -
(b) shall identify, so far as is practicable, the articles or persons to be sought.
Entry for the purpose of arrest etc
17.--(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 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) of the Public Order Act 1936;
(ii) any enactment contained in sections 6 to 8 or 10 of the Criminal Law Act 1977 (offences relating to entering and remaining on property);
(iii) section 4 of the Public Order Act 1986 (fear or provocation of violence).
(d) of recapturing a person 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) 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.
...
Entry and Search after Arrest
18.--
(1) Subject to the following provisions of this section, a constable may enter and search any premises occuppied or controlled by a person who is under arrest for an arrestable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates--
(a) to that offence; or
(b) to some other arrestable offence which is connected with or similar to that offence.
(2) A constable may seize and retain anything for which he may search under subsection (1) above.
(3) The power to search conferred by subsection (1) above is only a power to search to the extent that is reasonably required for the purposes of discovering such evidence.
(4) Subject to subsection (5) below, the powers conferred by this section may not be exercised unless an officer of the rank of inspector or above has authorised them in writing.
(5) A constable may conduct a search under subsection (1) above--
(a) before taking the person to a police station; and
(b) without obtaining an authorisation under subsection (4) above,
...
19:-- General power of seizure etc
(1) The powers conferred by subsections (2), (3) … below are exercisable by a constable who is lawfully on any premises.
(2) The constable may seize anything which is on the premises if he has reasonable grounds for believing –
(a) that it has been obtained in consequence of the commission of an offence; and
(b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.
(3) The constable may seize anything which is on the premises if he has reasonable grounds for believing
(a) That it is evidence in relation to an offence which he is investigating or any other offence; and,
(b) That it is necessary to seize it in order to prevent the evidence being concealed, lost or destroyed.
(4) The constable may require any information which is contained in a computer and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible if he has reasonable grounds for believing
(a) that-
(i) it is evidence in relation to an offence which he is investigating or any other offence; or
(ii) it has been obtained in consequence of the commission of an offence; and
(b) that it is necessary to do so in order to prevent it being concealed, lost, tampered with or destroyed.
(5) The powers conferred by this section are in addition to any power otherwise conferred.
(6) No power of seizure conferred on a constable under any enactment (including an enactment contained in an Act passed after this Act) is to be taken to authorise the seizure of an item which the constable exercising the power has reasonable grounds for believing to be subject to legal privilege.
Extension of powers of seizure to computerised information
20.-
(1) Every power which is conferred by an enactment to which this section applies on a constable who has entered premises in the exercise of a power conferred by an enactment shall be construed as including a power to require any information contained in a computer and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible.
(2) This section applies--
(a) to any enactment contained in an Act passed before this Act;
(b) to sections 8 and 18 above;
(c) to paragraph 13 of Schedule 1 to the Act; and
(d) to any enactment contained in an Act passed after this Act
Access and copying
21.--
- (1)
A constable who seizes anything in the exercise of a power conferred by any enactment, including an enactment contained in an Act passed after this Act, shall, if so requested by a person showing himself--
(a) to be an occupier of premises on which it was seized; or
(b) to have had custody or control of it immediately before the seizure,
provide that person with a record of what he seized
22.-- Retention
(1) Subject to subsection (4) below, anything which has been seized by a constable or taken away by a constable following a requirement made by virtue of section 19 or 20 above may be retained so long as necessary in all the circumstances.
(2) Without prejudice to the generality of subsection (1) above
(a) anything seized for the purposes of a criminal investigation may be retained
(i) for use at a trial for an offence; or
(ii) for forensic examination or for investigation in connection with an offence; and
(b) anything may be retained in order to establish its lawful owner where there are reasonable grounds for believing it has been obtained in consequence of the commission of an offence.
(3) Nothing seized on the ground that it may be used
(a) to cause physical injury to any person;
(b) to damage property;
(c) to interfere with evidence; or
(d) to assist in escape from police detention or lawful custody,
may be retained when the person from whom it was seized is no longer in police detention or the custody of a court or is in the custody of a court but has been released on bail.
(4) Nothing may be retained for either of the purposes mentioned in subsection (2)(a) above if a photograph or copy would be sufficient for that purpose.
(5) Nothing in this section affects any power of a court to make an order under section 1 of the Police (Property) Act 1897.
(6) This section also applies to anything retained by the police under section 28H(5) of the Immigration Act 1971.
24:--
(6) Where a constable has reasonable grounds for suspecting that an arrestable offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds for suspecting of being guilty of the offence.
25:--
(1) Where a constable has reasonable grounds for suspecting that any offence which is not an arrestable offence has been committed or attempted, or is being committed or attempted, he may arrest the relevant person if it appears to him that service of a summons is impracticable or inappropriate because any of the general arrest conditions is satisfied.
(2) In this section "the relevant person" means any person whom the constable has reasonable grounds to suspect of having committed or having attempted to commit the offence or of being in the course of committing or attempting to commit it.
(3) The general arrest conditions are -
(a) that the name of the relevant person is unknown to [them] and cannot be readily ascertained by, the constable,
(b) that the constable has reasonable grounds for doubting whether the name furnished by the relevant person as his name is his real name,
(c) that -
(i) the relevant person has failed to furnish a satisfactory address for service, or
(ii) the constable has reasonable grounds for doubting whether an address furnished by the relevant person is a satisfactory address for service.
26:--
(1) Subject to subsection (2) below, so much of any Act (including a local Act) passed before this Act as enables a constable
(a) to arrest a person for an offence without a warrant; or
(b) to arrest a person otherwise than for an offence without a warrant or an order of a court
shall cease to have effect.
(2) Nothing in subsection (1) above affects the enactments specified in Schedule 2 to this Act.
28:--
(3) Subject to subsection (5) below, no arrest is lawful unless the person arrested is informed of the ground for the arrest at the time of or as soon as practicable after the arrest.
(4) Where a person is arrested by a constable, sub-section (3) applies regardless of whether the ground for the arrest is obvious.
95) . . .
Part IV - DETENTION
Detention - conditions and duration
Limitations on police detention
31:-
Where -
(a) a person -
(i) has been arrested for an offence; and
(ii) is at a police station in consequence of that arrest; and
(b) it appears to a constable that if he were released from that arrest, he would be liable to arrest for some other offence, he shall be arrested for that other offence."
34.--
(1) A person arrested for an offence shall not be kept in police detention except in accordance with the provisions of this Part of this Act.
(2) Subject to subsection (3) below, if at any time a custody officer--
(a) becomes aware, in relation to any person in police detention, that the grounds for the detention of that person have ceased to apply; and
(b) is not aware of any other grounds on which the continued detention of that person could be justified under the provisions of this part of this Act.
it shall be the duty of the custody officer, subject to subsection (4) below, to order his immediate release from custody.
(3) no person in police detention shall be released except on the authority of a custody officer att the police station where his detention was authorised or, if it was authorised at more than one station, a custody officer at the station where it was last authorised.
(4) A person who appears to the custody officer to have been unlawfully at large when he was arrested is not to be released under subsection (2) above.
(5) A person whose release is ordered under subsection (2) above shall be released without bail unless it appears to the custody officer--
(a) that there is need for further invetsigation of any matter in connection with which he was detained at any time during the period of his detention; or
(b) that proceedings may be taken against him in respect of any such matter,
and if it so appears, he shall be released on bail.
(6) For the purposes of this Part of this Act a person arrested under section 7(5) of the Road Traffic Act 1972 is arrested for an offence.
Duties of custody officer before charge
37.--(1) Where
(a) a person is arrested for an offence--
(i) without a warrant; or
(ii) under a warrant not endorsed for bail,
(b) a person returns to a police station to answer bail
the custody officer at each police station where he is detained after his arrest shall determine whether he has before him sufficient evidence to charge that person with the offence for which he was arrested and may detain him at the police station for such period as is necessary to enable him to do so.
(2) If the custody officer determines that he does not have such evidence before him, the person arrested shall be released either on bail or without bail, unless the custody officer has reasonable grounds for believing that his detention without being charged is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him.
...
(7) Subject to section 41(6) below, if the custody officer determines that he has before him sufficient evidence to charge the person arrested wit hthe offence for which he was arrested, the person arrested--
(a) shall be charged; or
(b) shall be released without charge, either on bail or without bail.
...
Tape-recording of interviews
60.--
(1) It shall be the duty of the Secretary of State--
(a) to issue a code of practice in connection with tape-recording of interviews of persons suspected of the commission of criminal offences which are held by police officers at police stations; and
(b) to make an order requiring the tape-recording of interviews of persons suspected of the commission of criminal ofences, or of such descriptions of criminal offences as may be specified in the order, which are so held, in accordance wit the code as it has effect for the time being.
(2) An order under subsection (1) above shall be made by statutory instrument and shall be subject to annulment in pursuance of either House of Parliament.
Fingerprinting
61.--
(1) Except as provided by this section no person's fingerprint may be taken without the appropriate consent.
(2) Consent to the taking of a person's fingerprints must be in writing if it is given at a time when he is at a police station.
(3) The fingerprints of a person detained at a police station may be taken without the appropriate consent--
(a) if an officer of at least the rank of superintendent authorises them to be taken; or
(b) if--
(i) he has been charged with a recordable offence or informed that he will be reported for such an offence; and
(ii) he has not had his fingerprints taken in the course of the investigation of the offence by the police.
(4) An officer may only give an authorisation under subsection (3)(a) above if he has reasonable grounds--
(a) for suspecting the involvement of the person whose fingerprints are to be taken in a criminal offence; and
(b) for believing that his fingerprints will tend to confirm or disprove his involvement.
(5) An officer may give an authorisation under subsection (3)(a) above orally or in writing but, if he gives it orally, he will confirm it in writing as soon as is practicable.
(6) Any person's fingerprints may be taken without appropriate consent if he has been convicted of a recordable offence.
(7) In a case where by virtue of subsection (3) or (6) above a person's fingerprints are taken without the appropriate consent--
(a) he shall be told the reason before his fingerprints are taken; and
(b) the reason shall be recorded as soon as is practicable after the fingerprints are taken.
(8) If he is detained at a police station when the fingerprints are taken, the reason for takeing them shall be recorded on his custody record.
(9) Nothing in this section--
(a) affects any power conferred by paragraph 18(2) of Schedule 2 to the Immigration Act 1971; or
(b) [except as provided in section 15(10) of, and paragraph 7(6) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989,] applies to a person arrested or detained under the terrorism provisions.
Fingerprints and samples: supplementary provisions
63A.--
(1) Fingerprints or samples or the information derived from samples taken under any power conferred by this part of this Act from a person who has been arrested on suspicion of being involved in a recordable offence may be checked against other fingerprints or samples or the information derived from other samples contained in records contained in records held by or on behalf of the police or held in connection with or as a result of an investigation of an offence.
(2) Where a sample of hair other than pubic hair is to be taken the sample may be taken either by cutting or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample.
(3) Where any power to take a sample is exerciseable in relation to a person the sample may be taken in a prison or other institution to which the Prison Act 1952 applies.
(4) Any constable may within the alloweed period, require a person who is neither in police detention nor held in custody by the police on the authority of a court to attend a police station in order to have a sample taken where--
(a) the person has been charged with a recordable offence or informed that he will be reported for such an offence and either he has not had a sample taken from him in the course of the investigation of the offence by the police or he has had a sample so taken from him but either it was not suitable for the same means of analyisis or, though so suitable, the sample proved insufficient; or
(b) the person has been convicted of a recordable offence and either he has not had a sample taken from him since the conviction or he has had a sample taken fom him (before or after his conviction) but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient.
(5) The period allowed for requiring a person to attend a police station for the purpose specified in subsection (4) above is--
(a) in the case of a person falling within paragraph (a), one month beginning with the date of the charge or one month beginning with the date on which the appropriate officer is informed of the fact that the sample is not suitable for the same means of analysis or has proved insufficient as the case may be;
(b) in the case of a person falling within paragraph (b), one month beginning with the date of the conviction or one month beginning with the date on which the appropriate officer is informed of the fact that the sample is not suitable for the same means of analysis or has proved insufficient, as the case may be.
(6) A requirement under subsection (4) above--
(a) shall give the person at least 7 days within which he must so attend; and
(b) may direct him to attend at a specified time of day or between specified times of day,
(7) Any constable may arrest without a warrant a person who has failed to comply with a requirement under subsection (4) above.
(8) In this section "the appropriate officer" is --
(a) in the case of a person falling within subsection (4)(a), the officer investigating the offence with which that person has been charged or as to which he was informed that he would be reported;
(b) in the case of a person falling within subsection (4)(b), the officer in charge of the police station from which the investigation of the offence of which he was convicted was conducted.
64. Destruction of fingerprints and samples
(1A) Where
(a) fingerprints or samples are taken from a person in connection with the investigation of an offence, and
(b) subsection (3) below does not require them to be destroyed,
the fingerprints and samples may be retained after they have fulfilled the purposes for which they were taken but shall not be used by any person except for the purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution.
(3) If-
(a) fingerprints or samples are taken from a person in connection with the investigation of an offence; and
(b) that person is not suspected of having committed the offence, they must, except as provided in the following provisions of this section, be destroyed as soon as they have fulfilled the purpose for which they were taken.
(3AA) Samples and fingerprints are not required to be destroyed under subsection (3) above if -
(a) they were taken for the purposes of the investigation of an offence of which a person has been convicted; and
(b) a sample or, as the case may be, fingerprint was also taken from the convicted person for the purposes of that investigation.
(3AB) Subject to subsection (3AC) below, where a person is entitled under subsection (3) above to the destruction of any fingerprint or sample taken from him (or would be but for subsection (3AA) above), neither the fingerprint nor the sample, nor any information derived from the sample, shall be used -
(a) in evidence against the person who is or would be entitled to the destruction of that fingerprint or sample; or
(b) for the purposes of the investigation of any offence; and subsection (1B) above applies for the purposes of this subsection as it applies for the purposes of subsection (1A) above.
3AC Where a person from whom a fingerprint or sample has been taken consents in writing to its retention -
(a) that sample need not be destroyed under subsection (3) above;
(b) subsection (3AB) above shall not restrict the use that may be made of the fingerprint or sample or, in the case of a sample, of any information derived from it; and
(c) that consent shall be treated as comprising a consent for the purposes of section 63A(1C) above; and a consent given for the purposes of this subsection shall not be capable of being withdrawn.
(3AD) For the purposes of subsection (3AC) above it shall be immaterial whether the consent is given at, before or after the time when the entitlement to the destruction of the fingerprint or sample arises.
Part VII - DOCUMENTARY EVIDENCE IN CRIMINAL PROCEEDINGS
Evidence from documentary records
68.--
(1) Subject to section 69 below, a statement in a document shall be admissible in any proceedings as evidence of any fact stated therein of which direct oral evidence would be admissible if--
(a) The document is or forms part of a record compiled by a person acting under a duty from information supplied by a person (whether acting under a duty or not) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with in that information; and
(b) any condition relating to the person who supplied the information which is specified in subsection (2) below is satisfied.
(2) The conditions mentioned in subsection (1)(b) above are--
(a) that the person who supplied the information--
(i) is dead, or by reason of his bodily or mental condition unfit to attend as a witness;
(ii) is outside the United Kingdom and it is not reasonably practicable to secure his attendance; or
(iii) cannot reasonably be expected (having regard to the time which has elapsed since he supplied or acquired the information and to all the circumstances) to have any recollection of the matters dealt with in that information;
(b) that all reasonable steps have been taken to identify the person who supplied the information but that he cannot be identified; and
(c) that, the identity of the person who supplied the information being known all reasonable steps have been taken to find him, but that he cannot be found
(3) Nothing in this subsection shall prejudice the admissibility of any evidence that would be admissible apart from this section
Evidence from computer records
69.--
(1) In any proceedings, a statement in a document produced by a computer shall not be admissible as evidence of any fact stated therein unless it is shown--
(a) that there are no reasonable grounds for believing that the statement is inaccurate because of improper use of the computer;
(b) that at all material times the computer was operating properly, or if not, that any respect in which it was not operating properly or was out of operation was not such as to affect the production of the document or the accuracy of its contents; and
(c) that any relevant conditions specified in rules of court under subsection (2) below are satisfied
(2) Provision may be made by rules of court requiring that in any proceedings where it is desired to give a statement in evidence by virtue of this section such information concerning the statement as may be required by the rules shall be provided in such form and at such times as may be so required
74:--
(3) In any proceedings where evidence is admissible of the fact that the accused has committed an offence, in so far as that evidence is relevant to any matter in issue in the proceedings for a reason other than a tendency to show in the accused a disposition to commit the kind of offence with which he is charged, if the accused is proved to have been convicted of the offence … he shall be taken to have committed that offence unless the contrary is proved.
(4) Nothing in this section shall prejudice . . .
(a) the admissibility in evidence of any conviction which would be admissible apart from this section; or
(b) the operation of any enactment whereby a conviction or a finding of fact in any proceedings is for the purposes of any other proceedings made conclusive evidence of any fact
PART VIII - EVIDENCE IN CRIMINAL PROCEEDINGS - GENERAL
Confessions
76.--
(1) In any proceedings a confession made by an accused person may be given in evidence against him in so far as it is relevant to any matter in issue in the proceedings and is not excluded by the court in pursuance of this sectionú
(2) If, in any proceedings where the prosecution proposes to give in evidence a confession made by an accused person, it is represented to the court that the confession was or may have been obtained--
(a) by oppression of the person who made it; or
(b) in consequence of anything said or done which was likely, in the circumstances existing at the time, to render unreliable any confession which might be made by him in consequence thereof,
the court shall not allow the confession to be given in evidence against him except in so far as the prosecution proves to the court beyond reasonable doubt that the confession (notwithstanding that it may be true) was not obtained as aforesaidú
(3) In any proceedings where the prosecution proposes to give in evidence a confession made by an accused person, the court may of its own motion require the prosecution, as a condition of allowing it to do so, to prove that the confession was not obtained as mentioned in subsection (2) above.
(4) The fact that a confession is wholly or partly excluded in pursuance of this section shall not affect the admissibility in evidence--
(a) of any facts discovered as a result of the confession; or
(b) where the confession is relevant as showing that the accused speaks, writes or expresses himself in a particular way, of so much of the confession as is necessary to show that he does so.
(5) Evidence that a fact to which this subsection applies was discovered as a result of a statement made by an accused person shall not be admissible unless evidence of how it was discoovered is given by him or on his behalf.
(6) Subsection (5) above applies--
(a) to any fact discovered as a result of a confession which is wholly or partly excluded in pursuance of this section; and
(b) to any fact discovered as a result of a confession which is partly so excluded, if the fact is discovered as a result of the excluded part of the confession.
(7) Nothing in Part VII of the Act shall prejudice the admissibility of a confession made by an accused person.
(8) In this section "oppression" includes torture, inhuman or degrading treatment, and the use or threat of violence (whether or not amounting to torture)
Exclusion of unfair evidence
78.--
(1) In any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse affect on the fairness of the proceedings that the court ought not to admit it.
(2) Nothing in this section shall prejudice any rule of law requiring a court to exclude evidence
82:--
(1) 'confession' includes any statement wholly or partly adverse to the person who made it, whether made to a person in authority or not and whether made in words or otherwise;
General Restrictions on subsequent proceedings
104.--(1) Where a member of a police force has been convicted or acquitted of a criminal offence ha shall not be liable to be charged with any offence against discipline which is in substance the same as the offence of which he has been convicted or acquitted.
(2) Subsection (1) above shall not be construed as applying to a chasrge in respect of an offence agaist discipline which consists in having been found guilty of a criminal offence
(3) Subject to subsection (4) below, no statement made by an person for teh purpose of the informal resolution oof a complaint shall be admissible in any subsequent criminal, civil or disciplinary proceedings.
(4) A statement is not rendered inadmissible by subsection (3) above if it consists of or includes an admission relating to a matter which does not fall to be resolved informally.
Sched. 1
Special Procedure
1. If on an application made by a constable a circuit judge is satisfied that one or other of the sets of access conditions is fulfilled, he may make an order under paragraph 4 below.
2. The first set of access conditions is fulfilled if -
(a) there are reasonable grounds for believing -
(i) that a serious arrestable offence has been committed;
(ii) that there is material which consists of special procedure material or includes special procedure material and does not also include excluded material on premises specified in the application;
(iii) that the material is likely to be of substantial value (whether by itself or together with other material) to the investigation in connection with which the application is made; and
(iv) that the material is likely to be relevant evidence;
(b) other methods of obtaining the material -
(i) have been tried without success; or
(ii) have not been tried because it appeared that they were bound to fail; and
(c) it is in the public interest, having regard -
(i) to the benefit likely to accrue to the investigation if the material is obtained; and
(ii) to the circumstances under which the person in possession of the material holds it,
that the material should be produced or that access to it should be given..
Schedule 1 paragraph14:
The further conditions mentioned in paragraph 12(a)(ii) above are -
(a) that it is not practicable to communicate with any person entitled to grant entry to the premises to which the application relates;
(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 material;
(c) that the material contains information which -
(i) is subject to a restriction or obligation such as is mentioned in section 11(2)(b) above (relating to excluded material); and
(ii) is likely to be disclosed in breach of it if a warrant is not issued;
(d) that service of notice of an application for an order under paragraph 4 (giving notice to produce the material to a constable) above may seriously prejudice the investigation.
Schedule 3 Part I
1. Section 68(1) above applies whether the information contained in the document was supplied directly or indirectly but, if it was supplied indirectly, only if each person through whom it was supplied was acting under a duty; and applies also where the person compiling the record is himself the person by whom the information is supplied.
...
6. Any reference in section 68 above or this Part of this Schedule to a person acting under a duty includes a reference to a person acting in the course of any trade, business, profession or other occupation in which he is engaged or employed or for the purposes of any paid or unpaid office held by him.
...
Schedule 3 Part II
8. In any proceedings where it is desired to give a statement in evidence in accordance with section 69 above, a certificate -
(a) identifying the document containing the statement and describing the manner in which it was produced;
(b) giving such particulars of any device involved in the production of that document as may be appropriate for the purpose of showing that the document was produced by a computer;
(c) dealing with any of the matters mentioned in section 69(1) above; and
(d) purporting to be signed by a person occupying a responsible position in relation to the operation of the computer, shall be evidence of anything stated in it; and for the purposes of this paragraph it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it.
9. Notwithstanding paragraph 8 above, a court may require oral evidence to be given of anything of which evidence could be given by a certificate under that paragraph.
Schedule 3 Part III
14. For the purpose of deciding whether or not a statement is so admissible the court may draw any reasonable inference--
(a) from the circumstances in which the statement was made or otherwise came into being; or
(b) from any other circumstances, including the form and contents of the document in which the statement is contained.
