Statutory Instruments
2008 No. 167
police, england and wales
The Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2008
Made
29th January 2008
Coming into force
1st February 2008
The Secretary of State:
(1) has, in pursuance of sections 60(1)(a) and 66(1)(a) to (d) of the Police and Criminal Evidence Act 1984( 1 ) (“the Act”), issued codes of practice in connection with the:
(a) exercise by police officers of statutory powers of stop and search;
(b) searching of premises by police officers and the seizure of property found by police officers on persons or premises;
(c) detention, treatment and questioning of persons by police officers;
(d) identification of persons by police officers; and
(e) tape recording of interviews with suspects;
(2) may, under section 67(2)( 2 ) of the Act, revise the whole or any part of a code;
(3) has consulted in accordance with section 67(4) of the Act; and
(4) has, in accordance with section 67(7B) of the Act, laid each revised code of practice before Parliament;
And a draft of this Order has been laid before Parliament and has been approved by each House of Parliament in accordance with section 67(7A) of the Act;
The Secretary of State, in exercise of the powers conferred upon her by section 67(5) of the Act, makes the following Order:
Citation and commencement
1. This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2008 and shall come into force on 1st February 2008.
Revision of codes of practice
2. The revised codes of practice laid before Parliament on 17th December 2007 in connection with the matters referred to in—
(a) section 60(1)(a) of the Act (tape recording of interviews with suspects – Code E);
(b) section 66(1)(a) of the Act (exercise by police officers of statutory powers of stop and search – Code A)( 3 );
(c) section 66(1)(b) of the Act—
(i) (detention, treatment and questioning of persons by police officers – Code C); and
(ii) (identification of persons by police officers – Code D);
(d) section 66(1)(c) and (d) of the Act (searching of premises by police officers and the seizure of property found by police officers on persons or premises – Code B);
shall come into operation on 1st February 2008.
Tony McNulty
Minister of State
Home Office
29th January 2008
Section 67(1) to (7D) was substituted by section 11 of the Criminal Justice Act 2003 (c.44) .
Section 66(1) is numbered as such by virtue of section 57(1) and (4) of the Criminal Justice and Court Services Act 2000 (c.43) , section 66(1)(a)(i) was amended by sections 110(3)(a), 174(2) and Schedule 17, Part 2 of the Serious Organised Crime and Police Act 2005 (c.15) and section 66(1)(a)(iii) was amended by section 110(3)(b) of the Serious Organised Crime and Police Act 2005.