Police and Criminal Evidence Act 1984, section 67

Codes of practice—supplementary

Part VI Codes of Practice—General

[F716 (1) In this section, “code” means a code of practice under section 60, 60A or 66.

(2)The Secretary of State may at any time revise the whole or any part of a code.

(3)A code may be made, or revised, so as to—

(a)apply only in relation to one or more specified areas,

(b)have effect only for a specified period,

(c)apply only in relation to specified offences or descriptions of offender.

(4)Before issuing a code, or any revision of a code, the Secretary of State must consult—

(a)[F717 such persons as appear to the Secretary of State to represent the views of police and crime commissioners,

(aa)the Mayor's Office for Policing and Crime,

(ab)the Common Council of the City of London,F717]

(b)[F718 the National Police Chiefs’ CouncilF718] ,

(c)the General Council of the Bar,

(d)the Law Society of England and Wales,

(e)the Institute of Legal Executives, and

(f)such other persons as he thinks fit.

[F719 (4A)The duty to consult under subsection (4) does not apply to a revision of a code where the Secretary of State considers that—

(a)the revision is necessary in consequence of legislation, and

(b)the Secretary of State has no discretion as to the nature of the revision.

(4B)Where, in consequence of subsection (4A), a revision of a code is issued without prior consultation with the persons mentioned in subsection (4), the Secretary of State must (at the same time as issuing the revision) publish a statement that, in his or her opinion, paragraphs (a) and (b) of subsection (4A) apply to the revision.

(4C) In subsection (4A), “legislation” means any provision of—

(a)an Act,

(b)subordinate legislation within the meaning of the Interpretation Act 1978.F719]

(5)A code, or a revision of a code, does not come into operation until the Secretary of State by order so provides.

(6)The power conferred by subsection (5) is exercisable by statutory instrument.

(7)An order bringing a code into operation may not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(7A)An order bringing a revision of a code into operation must be laid before Parliament if the order has been made without a draft having been so laid and approved by a resolution of each House.

(7B)When an order or draft of an order is laid, the code or revision of a code to which it relates must also be laid.

(7C)No order or draft of an order may be laid until the consultation required by subsection (4) has taken place.

(7D)An order bringing a code, or a revision of a code, into operation may include transitional or saving provisions.F716]

F720(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)F721Persons other than police officers who are charged with the duty of investigating offences or charging offenders shall in the discharge of that duty have regard to any relevant provision of . . . a code.

[F722 (9A)Persons on whom powers are conferred by—

(a)any designation under section 38 or 39 of the Police Reform Act 2002 (c. 30) (police powers for [F723 civilian staffF723] [F724 and volunteersF724] ), or

(b)any accreditation under section 41 of that Act (accreditation under community safety accreditation schemes),

F725shall have regard to any relevant provision of a code . . . in the exercise or performance of the powers and duties conferred or imposed on them by that designation or accreditation.F722]

(10)A failure on the part—

(a)F726,F727of a police officer to comply with any provision of . . . a code; . . .

(b)F728of any person other than a police officer who is charged with the duty of investigating offences or charging offenders to have regard to any relevant provision of . . . a code in the discharge of that duty, [F729, or

(c)of a person designated under section 38 or 39 or accredited under section 41 of the Police Reform Act 2002 (c. 30) to have regard to any relevant provision of F730. . . a code in the exercise or performance of the powers and duties conferred or imposed on him by that designation or accreditation,F729]

shall not of itself render him liable to any criminal or civil proceedings.

(11)F731,F731In all criminal and civil proceedings any . . . code shall be admissible in evidence; and if any provision of . . . a code appears to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.

[F732 (12) In subsection (11) “criminal proceedings” includes service proceedings.

(13) In this section “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006 . F732]

Cases considering section 67 40

Harper v R.

[2019] EWCA Crim 343 · 5 March 2019

The Court held that Code C safeguards were not engaged where a prison officer merely received an unsolicited and unprompted comment and was not investigating an offence. Any shortcomings in recording the comment went to weight rather than admissibility. (see paras [21]-[24])

Yousif v Commissioner of Police for the Metropolis

[2016] EWCA Civ 364 · 14 April 2016Limits

The court confirmed that breach of a Code provision does not of itself generate criminal or civil liability. Such breaches may nevertheless be relevant to the factual assessment of Convention claims. (see paras [40], [45]) The court treated the applicable Code of Practice as relevant to the Convention analysis and therefore part of the factual matrix. (see paras [40], [45]-[46])

Hayes v Merseyside Police

[2011] EWCA Civ 911 · 29 July 2011

The court applied this provision to hold that a failure to comply with Code G does not of itself create criminal or civil liability (see paras [38]-[39]). The court applied this provision to treat Code G as admissible and relevant evidence, rather than as creating an exhaustive procedural precondition for arrest (see paras [38]-[39]).

20 more judgments, and what each says about section 67, are in the case-law panel in the full Act.

Amendments and notes

21 notes from legislation.gov.uk

Amendments

  1. F716S. 67(1)-(7D) substituted (20.1.2004) for s. 67(1)-(7C) by Criminal Justice Act 2003 (c. 44), ss. 11(1), 336; S.I. 2004/81, art. 2(1)(2)(a)
  2. F717S. 67(4)(a)-(ab) substituted for s. 67(4)(a) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 163(2); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 47)
  3. F718Words in s. 67(4)(b) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 14 paras. 4, 5(a); S.I. 2017/399, reg. 2, Sch. para. 41
  4. F719S. 67(4A)-(4C) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 78, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 26
  5. F720S. 67(8) repealed (1.4.1999) by 1996 c. 16, s. 103(3), Sch. 9 Pt. II; S.I. 1999/533, art. 2(a)
  6. F721Word in s. 67(9) repealed (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 1; S.I. 2004/81, art. 2(1)(2)(g)(i)
  7. F722S. 67(9A) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 107, Sch. 7 para. 9(7); S.I. 2002/2750, art. 2(b)(ii)
  8. F723Words in s. 67(9A)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 163(3); S.I. 2011/3019, art. 3, Sch. 1
  9. F724Words in s. 67(9A)(a) inserted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 7(4); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)
  10. F725Words in s. 67(9A) repealed (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 1; S.I. 2004/81, art. 2(1)(2)(g)(i)
  11. F726Word in s. 67(10)(a) repealed (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 1; S.I. 2004/81, art. 2(1)(2)(g)(i)
  12. F727S. 67(10): the word "or" after paragraph (a) repealed (2.12.2002) by Police Reform Act 2002 (c. 30), s. 107, Sch. 8; S.I. 2002/2750, art. 2(b)(iii)(b)
  13. F728Word in s. 67(10)(b) repealed (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 1; S.I. 2004/81, art. 2(1)(2)(g)(i)
  14. F729S. 67(10)(c) and preceding word "or" inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 107, Sch. 7 para. 9(8); S.I. 2002/2750, art. 2(b)(ii)
  15. F730Word in s. 67(10)(c) repealed (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 1; S.I. 2004/81, art. 2(1)(2)(g)(i)
  16. F731Word in s. 67(11) repealed (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 1; S.I. 2004/81, art. 2(1)(2)(g)(i)
  17. F732S. 67(12)(13) substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) for s. 67(12) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 101; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 this amendment is subject to savings and/or transitional provisions, see the commentary.

Modifications

  1. C553S. 67 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)
  2. C554S. 67 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)
  3. C555S. 67(9) excluded (12.4.2010) by 2002 c. 29 s. 377ZB (as inserted by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010) (S.I. 2010/976), arts. 1(2), 12, {Sch. 14 para. 68}; S.I. 2010/977, art. 1(2)
  4. C556S. 67(9) excluded (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 377(9)(a), 458; S.I. 2003/120, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended by S.I. 2003/333, art. 14 which in turn is amended by S.I. 2003/531, arts. 3 and 4))