Statutory Instruments
2023 No. 1422
Police, England And Wales
The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes A, B, C, D and H and New Code I) Order 2023
Made
19th December 2023
Coming into force
20th December 2023
The Secretary of State makes the following Order in exercise of the powers conferred by section 67(5) of the Police and Criminal Evidence Act 1984( 1 ).
The Secretary of State has consulted in accordance with section 67(4)( 2 ) of that Act.
The revised codes and new code to which this Order relates have been laid before Parliament in accordance with section 67(7B) of that Act.
A draft of this Order has been laid before Parliament and has been approved by each House of Parliament in accordance with section 67(7) of that Act.
Citation, commencement and extent
1. —(1) This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes A, B, C, D and H and New Code I) Order 2023.
(2) This Order comes into force on 20th December 2023.
(3) This Order extends to England and Wales.
Codes A, B, C, D, H and I
2. The following revised codes and new code laid before Parliament together with this Order on 16th October 2023 come into operation on the date on which this Order comes into force—
(a) the revised code in connection with the matters referred to in section 66(1)(a)(i) and (ii) of the Police and Criminal Evidence Act 1984 (“PACE 1984”)( 3 ) (exercise by police officers of statutory powers of stop and search; police officers and police staff of requirements to record public encounters– Code A)( 4 );
(b) the revised code in connection with the matters referred to in section 66(1)(c) and (d) of PACE 1984 (searches of premises by police officers and the seizure of property found by police officers on persons or premises – Code B)( 5 );
(c) the revised code in connection with matters referred to in section 66(1)(b) of PACE 1984 (detention, treatment and questioning of persons by police officers – Code C)( 6 );
(d) the revised code in connection with matters referred to in section 66(1)(b) of PACE 1984 (identification of persons by police officers – Code D)( 7 );
(e) the revised code in connection with matters referred to in section 66(1)(b) of PACE 1984 (detention, treatment and questioning by police officers of persons in police detention under section 41 of, and Schedule 8 to, the Terrorism Act 2000; detention and treatment by police officers of persons in police detention under section 43B of, and Schedule 8 to, the Terrorism Act 2000; treatment and questioning by police officers of detained persons in respect of whom an authorisation to question after charge has been given under Section 22 of the Counter-Terrorism Act 2008– Code H)( 8 );
(f) the code in connection with matters referred to in section 66(1)(b) of PACE 1984 (detention, treatment and questioning by police of persons in detention under section 27 of, and Schedule 6 to, the National Security Act 2023– Code I).
Tom Tugendhat
Minister of State
Home Office
19th December 2023
1984 c. 60 . Section 67(1) to (7D) was substituted by section 11(1) of the Criminal Justice Act 2003 (c. 44) .
Subsections (a) and (b) of section 67(4) were substituted by paragraph 1 of Schedule 4 to the Police and Justice Act 2006 (c. 48) . Subsequently, subsections (a), (aa) and (ab) of section 67(4) were substituted for subsection (a) by paragraphs 160, 163(1) and (2) of Schedule 16 to the Police and Social Responsibility Act 2011 (c. 13) . Section 67(4)(b) was amended by paragraphs 4 and 5(a) of Schedule 14 to the Policing and Crime Act 2017 (c. 3) .
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 section 110(3)(a) of, and Part 2 of Schedule 17 to, the Serious Organised Crime and Police Act 2005 (c. 15) (“ the 2005 Act ”). Section 66(1)(a)(ii) was amended by section 110(3)(b) of the 2005 Act.
An earlier version of Code A was brought into operation on 17th January 2023 by S.I. 2023/20 .
An earlier version of Code B was brought into operation on 27th October 2013 by S.I. 2013/2685 .
An earlier version of Code C was brought into operation on 21st August 2019 by S.I. 2019/1157 .
An earlier version of Code D was brought into operation on 23rd February 2017 by S.I. 2017/103 .
An earlier version of Code H was brought into operation on 10th February 2023 by S.I. 2023/141 .