Police and Criminal Evidence Act 1984, section 66

Codes of practice

Part VI Codes of Practice—General

The Secretary of State shall issue codes of practice in connection with—

(a)the exercise by police officers of statutory powers—

(i)F712to search a person without first arresting him; . . .

(ii)to search a vehicle without making an arrest; [F713 or

(iii)to arrest a person;F713]

(b)the detention, treatment, questioning and identification of persons by police officers;

(c)searches of premises by police officers; and

(d)the seizure of property found by police officers on persons or premises.

[F714 (2)Codes shall (in particular) include provision in connection with the exercise by police officers of powers under section 63B above.F714]

[F715 (3)Nothing in this section requires the Secretary of State to issue a code of practice in relation to any matter falling within the code of practice issued under section 47AB(2) of the Terrorism Act 2000 (as that code is altered or replaced from time to time) (code of practice in relation to terrorism powers to search persons and vehicles and to stop and search in specified locations).F715]

Definitions used in section 66 1

premises

“premises” has the meaning assigned to it by section 23 above;

Defined in s.118(1) · see it in the full Act

“premises” includes any place and, in particular, includes—

(a)

any vehicle, vessel, aircraft or hovercraft;

(b)

any offshore installation;

(ba)

any renewable energy installation;

(c)

any tent or movable structure; . . .

Defined in s.23 · see it in the full Act

Cases considering section 66 37

R (on the application of Gillan (FC) and another (FC)) (Appellants) v. Commissioner of Police for the Metropolis and another (Respondents)

[2006] UKHL 12 · 8 March 2006

The section requires codes governing police search, detention and questioning. The statutory duty to have regard to Code A strengthened the legal framework controlling section 44 searches. (See paras [10]–[13], [35].)

Lynch, R v

[2007] EWCA Crim 3035 · 22 November 2007Limits

The provision concerning codes of practice did not make otherwise inadmissible hearsay admissible merely because an identification procedure was conducted in accordance with the code. (see paras [21]-[22])

MARK DOBSON v THE CHIEF CONSTABLE OF LEICESTERSHIRE POLICE

[2025] EWHC 272 (KB) · 7 February 2025

The section is identified as requiring the Secretary of State to issue Codes of Practice, including Code C governing detention and treatment. The judgment uses the cited Code C provisions in assessing the custody officer’s duties (see para [48]).

17 more judgments, and what each says about section 66, are in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F712S. 66: "in subsection (1)(a)" word at the end of sub-paragraph (i) repealed (1.1.2006) by virtue of Serious Organised Crime and Police Act 2005 (c. 15), ss. 110(3)(a), 178, Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(m)(t)(u)(xxiv)
  2. F713S. 66: "in subsection (1)(a)" sub-paragraph (ii) and word inserted (1.1.2006) by virtue of Serious Organised Crime and Police Act 2005 (c. 15), ss. 110(3)(b), 178; S.I. 2005/3495, art. 2(1)(m)
  3. F714S. 66(2) inserted "at the end of s. 66" (for certain purposes on 20.6.2001, 2.7.2001, 20.5.2002, 2.9.2002, 1.4.2003, 1.4.2004, 1.4.2005 and otherwise 1.12.2005) by virtue of 2000 c. 43, ss. 57(3)(a), 80(1); S.I. 2001/2232, art. 2(f); S.I. 2002/1149, art. 2; S.I. 2002/1862, art. 2; S.I. 2003/709, art. 2; S.I. 2004/780, art. 2; S.I. 2005/596, art. 2; S.I. 2005/3054, art. 2
  4. F715S. 66(3) inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 21 (with s. 97); S.I. 2012/1205, art. 4(k)

Modifications

  1. C550S. 66 modified (18.3.2011) by Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631), art. 1, Sch. 2 paras. 1, 2 (with art. 6)
  2. C551S. 66 applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)
  3. C552S. 66 applied (with modifications) (1.4.2018) by The Welsh Revenue Authority (Powers to Investigate Criminal Offences) Regulations 2018 (S.I. 2018/400), regs. 1(2), 3(1)(3), Sch. (with regs. 4-8)