Police and Criminal Evidence Act 1984, section 12

Meaning of “personal records”

Part II Powers of Entry, Search and Seizure

In this Part of this Act “personal records” means documentary and other records concerning an individual (whether living or dead) who can be identified from them and relating—

(a)to his physical or mental health;

(b)to spiritual counselling or assistance given or to be given to him; or

(c)to counselling or assistance given or to be given to him, for the purposes of his personal welfare, by any voluntary organisation or by any individual who—

(i)by reason of his office or occupation has responsibilities for his personal welfare; or

(ii)by reason of an order of a court has responsibilities for his supervision.

Cases considering section 12 3

Lancashire County Council v E & F

[2020] EWHC 182 (Fam) · 4 February 2020Limits

The judgment records the submission that spiritual counselling was among the confidential material protected under the Act, but does not accept that analogy as establishing protection for the investigative material sought.

F & Ors, R (On the Application Of) v Blackfriars Crown Court & Anor

[2014] EWHC 1541 (Admin) · 15 April 2014Defines

Section 12 defines personal records by reference to records concerning an identifiable individual and relating, among other matters, to physical or mental health. The court used that definition to explain why medical or psychiatric reports might fall within excluded material. (see paras [9], [44])

S & Ors, R (on the application of) v British Transport Police & Anor (Rev 1)

[2013] EWHC 2189 (Admin) · 20 June 2013Defines

The judgment notes the statutory definition of personal records when explaining the excluded-material regime, but the definition was not independently determinative of the warrants (see para [26]).

What each judgment says about section 12 is in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Modifications

  1. C55Ss. 10-14 applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(w), Sch.
  2. C56Ss. 10-14 applied in part (with modifications) (1.4.2026) by Public Authorities (Fraud, Error and Recovery) Act 2025 (c. 28), ss. 7, 109(1), Sch. 1 (with ss. 72, 105); S.I. 2026/371, reg. 2(a)
  3. C57Ss. 10-14 applied in part (with modifications) (7.4.2026) by The Police and Criminal Evidence Act 1984 (Application to Enforcement Officers) Regulations 2026 (S.I. 2026/303), regs. 1(1), 3, 4(w), Sch. paras. 1-10