Serious Organised Crime and Police Act 2005 (c. 15)

(The document as of February, 2008)

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(2) In section 4 (penalties for assisting offenders)--

(a) in subsection (1)--

(i) for "an arrestable offence" substitute "a relevant offence",

(ii) for "other arrestable offence" substitute "other relevant offence",

(b) for subsection (1A) substitute--

" (1A) In this section and section 5 below, "relevant offence" means--

(a) an offence for which the sentence is fixed by law,

(b) an offence for which a person of 18 years or over (not previously convicted) may be sentenced to imprisonment for a term of five years (or might be so sentenced but for the restrictions imposed by section 33 of the Magistrates' Courts Act 1980). " ,

(3) In section 5 (penalties for concealing offences or giving false information), in subsection (1)--

(a) for "an arrestable offence" substitute "a relevant offence",

(b) for "other arrestable offence" substitute "other relevant offence".

Port of London Act 1968 (c. xxxii)

41 (1) The Port of London Act 1968 is amended as follows.

(2) In section 2 (interpretation), omit the definition of "arrestable offence".

(3) In section 156 (powers of constables), in subsection (2), for "arrestable", in each place where it occurs, substitute "indictable".

Solicitors Act 1974 (c. 47)

42 (1) The Solicitors Act 1974 is amended as follows.

(2) In section 13A (imposition of conditions while practising certificates are in force), in subsection (2)(d), for sub-paragraph (ii) substitute--

" (ii) an indictable offence. "

(3) In section 13B (suspension of practising certificates where solicitors convicted of fraud or serious crime), in subsection (1)(a), for sub-paragraph (ii) substitute--

" (ii) an indictable offence; and " .

Police and Criminal Evidence Act 1984 (c. 60)

43 (1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) In section 4 (road checks)--

(a) for "a serious arrestable offence", in each place where it occurs, substitute "an indictable offence",

(b) in subsection (14), for "serious arrestable offence" substitute "indictable offence".

(3) In section 8 (powers to authorise entry and search), for "a serious arrestable offence", in both places, substitute "an indictable offence".

(4) In section 17 (entry for purpose of arrest etc.), in subsection (1)(b), for "arrestable" substitute "indictable".

(5) In section 18 (entry and search after arrest), in subsection (1), for "arrestable", in both places, substitute "indictable".

(6) In section 32 (search upon arrest), in subsection (2), for paragraph (b) substitute--

" (b) if the offence for which he has been arrested is an indictable offence, to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence. "

(7) In section 42 (authorisation of continued detention), in subsection (1)(b), for "arrestable" substitute "indictable".

(8) In section 43 (warrants of further detention), in subsection (4)(b), for "a serious arrestable offence" substitute "an indictable offence".

(9) In section 56 (right to have someone informed when arrested)--

(a) in each of subsections (2)(a) and (5)(a), for "a serious arrestable offence" substitute "an indictable offence",

(b) in subsection (5A)(a), for "the serious arrestable offence" substitute "the indictable offence".

(10) In section 58 (access to legal advice)--

(a) in each of subsections (6)(a) and (8)(a), for "a serious arrestable offence" substitute "an indictable offence",

(b) in subsection (8A)(a), for "the serious arrestable offence" substitute "the indictable offence".

(11) In section 114A (power to apply Act to officers of Secretary of State), in subsection (2)(c), for "a serious arrestable offence", in both places, substitute "an indictable offence".

(12) Section 116 (meaning of "serious arrestable offence") shall cease to have effect.

(13) In Schedule 1 (special procedure material), in paragraph 2(a)(i), for "a serious arrestable offence" substitute "an indictable offence".

(14) Schedule 5 (serious arrestable offences) shall cease to have effect.

Administration of Justice Act 1985 (c. 61)

44 In section 16 of the Administration of Justice Act 1985 (conditional licences for licensed conveyancers), in subsection (1)(ia), for "a serious arrestable offence (as defined by section 116 of the Police and Criminal Evidence Act 1984)" substitute "an indictable offence".

Housing Act 1985 (c. 68)

45 In Part 1 of Schedule 2 to the Housing Act 1985 (which sets out grounds upon which a court may, if it considers it reasonable, order possession of dwelling-houses let under secure tenancies), in Ground 2, in paragraph (b)(ii), for "arrestable" substitute "indictable".

Housing Act 1988 (c. 50)

46 In Part 2 of Schedule 2 to the Housing Act 1988 (which sets out grounds on which a court may order possession of dwelling-houses let on assured tenancies), in Ground 14, in paragraph (b)(ii), for "arrestable" substitute "indictable".

Criminal Justice and Public Order Act 1994 (c. 33)

47 (1) The Criminal Justice and Public Order Act 1994 is amended as follows.

(2) In section 137 (cross-border powers of arrest etc.)--

(a) in subsection (1), for "conditions applicable to this subsection are" substitute "condition applicable to this subsection is",

(b) for subsection (4) substitute--

" (4) The condition applicable to subsection (1) above is that it appears to the constable that it would have been lawful for him to have exercised the powers had the suspected person been in England and Wales. " ,

" "arrestable offence" has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 ("the 1989 Order");

"designated police station" has the same meaning as in the Police and Criminal Evidence Act 1984 or, in relation to Northern Ireland, as in the 1989 Order; and " .

(3) In section 138 (provisions supplementing section 137), in subsection (3), for "subsections (4)(b) and (6)(b)" substitute "subsection (6)(b)".

(4) In section 140 (reciprocal powers of arrest), in subsection (1), for "section 24(6) or (7) or 25" substitute "section 24".

(5) This paragraph extends to the whole of the United Kingdom.

Terrorism Act 2000 (c. 11)

48 (1) In Schedule 8 to the Terrorism Act 2000 (detention), in paragraph 8 (which relates to the rights of a person detained under Schedule 7 to or section 41 of that Act)--

(a) in sub-paragraph (4), for "serious arrestable offence", in each place where it occurs, substitute "serious offence",

(b) in sub-paragraph (9), for the words before paragraph (a) substitute "In this paragraph, references to a "serious offence" are (in relation to England and Wales) to an indictable offence, and (in relation to Northern Ireland) to a serious arrestable offence within the meaning of Article 87 of the Police and Criminal Evidence (Northern Ireland) Order 1989; but also include--".

(2) This paragraph extends to the whole of the United Kingdom.

International Criminal Court Act 2001 (c. 17)

49 (1) The International Criminal Court Act 2001 is amended as follows.

(2) In section 33 (entry, search and seizure), in subsection (2), for "a serious arrestable offence" substitute "(in the case of Part 2 of the 1984 Act) to an indictable offence or (in the case of Part III of the 1989 Order) to a serious arrestable offence".

(3) In section 55 (meaning of "ancillary offence" under the law of England and Wales), in subsection (5), in each of paragraphs (a) and (b), for "an arrestable offence" substitute "a relevant offence".

(4) This paragraph extends to England and Wales and to Northern Ireland (but not to Scotland).

Armed Forces Act 2001 (c. 19)

50 In section 5 of the Armed Forces Act 2001 (power of judicial officer to authorise entry and search of certain premises), in subsection (2)(a), for "a serious arrestable offence for the purposes of the 1984 Act" substitute "an indictable offence".

This paragraph has the same extent as the Armed Forces Act 2001.

Crime (International Co-operation) Act 2003 (c. 32)

51 (1) The Crime (International Co-operation) Act 2003 is amended as follows.

(2) In section 16 (extension of statutory search powers in England and Wales and Northern Ireland), in subsection (1)--

(a) for "serious arrestable offences" substitute "indictable offences",

(b) in paragraph (b), for "a serious arrestable offence" substitute "an indictable offence".

(3) In section 17 (warrants in England and Wales or Northern Ireland), in subsection (3)--

(a) for paragraph (b) substitute--

" (b) the conduct constituting the offence which is the subject of the proceedings or investigation would (if it occurred in England and Wales) constitute an indictable offence, or (if it occurred in Northern Ireland) constitute an arrestable offence, and " ,

(b) in the definition of "arrestable offence", omit the words "the Police and Criminal Evidence Act 1984 (c. 60) or (as the case may be)".

(4) This paragraph extends to the whole of the United Kingdom.

Part 4 Other amendments

Game Laws (Amendment) Act 1960 (c. 36)

52 (1) The Game Laws (Amendment) Act 1960 is amended as follows.

(2) In section 2 (power of police to enter on land), in subsection (1)(b), for "section 25" substitute "section 24".

(3) In section 4 (further provisions as to seizure and forfeiture), in subsection (1), for "section 25" substitute "section 24".

Immigration Act 1971 (c. 77)

53 In section 28A of the Immigration Act 1971 (arrest without warrant), in each of subsections (1) and (9A), for "A constable or" substitute "An".

Customs and Excise Management Act 1979 (c. 2)

54 In section 138 of the Customs and Excise Management Act 1979 (provisions about arrest), in subsection (4)(b), after "section 24" insert "or 24A".

This paragraph has the same extent as that Act.

Animal Health Act 1981 (c. 22)

55 (1) The Animal Health Act 1981 is amended as follows.

(2) In section 61 (powers of arrest as to rabies)--

(a) in subsection (2), after "applies" insert "for the purposes of section 17(1)(caa) of the Police and Criminal Evidence Act 1984",

(b) for the heading substitute "Powers of entry and search in relation to rabies offences".

(3) For the heading to section 62 (entry and search under section 61) substitute "Entry and search in exercise of powers to seize animals".

Wildlife and Countryside Act 1981 (c. 69)

56 In section 19 of the Wildlife and Countryside Act 1981 (enforcement), in subsection (2), for "section 25" substitute "section 24".

This paragraph extends also to Scotland.

Aviation Security Act 1982 (c. 36)

57 In section 13 of the Aviation Security Act 1982 (power to require aerodrome managers to promote searches at airports), in subsection (5)(a), for "25" substitute "24A".

This paragraph has the same extent as that Act.

Police and Criminal Evidence Act 1984 (c. 60)

58 In section 17 of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest etc.), in subsection (1)--

(a) for paragraph (c)(iiia) substitute--

" (iiia) section 4 (driving etc. when under influence of drink or drugs) or 163 (failure to stop when required to do so by constable in uniform) of the Road Traffic Act 1988;

(iiib) section 27 of the Transport and Works Act 1992 (which relates to offences involving drink or drugs); " ,

(b) after paragraph (ca) insert--

" (caa) of arresting a person for an offence to which section 61 of the Animal Health Act 1981 applies; " .

Road Traffic Act 1988 (c. 52)

59 In section 184 of the Road Traffic Act 1988 (application of sections 5 to 10 of that Act to persons subject to service discipline), for subsection (2) substitute--

" (2) A member of the provost staff may arrest a person for the time being subject to service discipline without warrant if he has reasonable cause to suspect that that person is or has been committing an offence under section 4.

(2A) The power conferred by subsection (2) is exercisable outside as well as within Great Britain. "

This paragraph has the same extent as section 184 of that Act.

Aviation and Maritime Security Act 1990 (c. 31)

60 In section 22 of the Aviation and Maritime Security Act 1990 (power to require harbour authorities to promote searches in harbour areas), in subsection (10)(a), for "25" substitute "24A".

This paragraph has the same extent as that Act.

Deer Act 1991 (c. 54)

61 In section 12 of the Deer Act 1991 (powers of search, arrest and seizure), in subsection (2)(b), for "section 25" substitute "section 24".

Gangmasters (Licensing) Act 2004 (c. 11)

62 The Gangmasters (Licensing) Act 2004 is amended as follows--

(a) in section 14 (offences: supplementary), in subsection (1), for "section 24(4) and (5)" substitute "section 24A",

(b) in Schedule 2 (application of Act to Northern Ireland), in paragraph 14, for "section 24(4) and (5)" substitute "section 24A".

This paragraph has the same extent as that Act.

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)

63 The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 is amended as follows--

(a) in section 2 (entering U.K. without passport, etc.), in subsection (10), for "a constable or" substitute "an",

(b) in section 35 (deportation or removal: cooperation), in subsection (5), for "a constable or" substitute "an".

Section 122

SCHEDULE 8 Powers of designated and accredited persons

Part 1 Designated persons

1 Schedule 4 to the Police Reform Act 2002 (c. 30) (powers exercisable by police civilians) is amended as follows.

Community support officers

2 After paragraph 1 insert--

" Power to require name and address

1A (1) This paragraph applies if a designation applies it to any person.

(2) Such a designation may specify that, in relation to that person, the application of sub-paragraph (3) is confined to one or more only (and not to all) relevant offences or relevant licensing offences, being in each case specified in the designation.

(3) Subject to sub-paragraph (4), where that person has reason to believe that another person has committed a relevant offence in the relevant police area, or a relevant licensing offence (whether or not in the relevant police area), he may require that other person to give him his name and address.

(4) The power to impose a requirement under sub-paragraph (3) in relation to an offence under a relevant byelaw is exercisable only in a place to which the byelaw relates.

(5) A person who fails to comply with a requirement under sub-paragraph (3) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6) In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in paragraph 1(2)(aa), sub-paragraph (3) of this paragraph shall have effect as if for the words "has committed a relevant offence in the relevant police area" there were substituted "in the relevant police area has committed a relevant offence".

(7) In this paragraph, "relevant offence", "relevant licensing offence" and "relevant byelaw" have the meaning given in paragraph 2 (reading accordingly the references to "this paragraph" in paragraph 2(6)). "

3 (1) Paragraph 2 (power to detain etc.) is amended as follows.

(2) For sub-paragraph (2) substitute--

" (2) A designation may not apply this paragraph to any person unless a designation also applies paragraph 1A to him. "

(3) In sub-paragraph (3)--

(a) for "sub-paragraph (2)" substitute "paragraph 1A(3)",

(b) at the end add the following new sentence--

" This sub-paragraph does not apply if the requirement was imposed in connection with a relevant licensing offence mentioned in paragraph (a), (c) or (f) of sub-paragraph (6A) believed to have been committed on licensed premises (within the meaning of the Licensing Act 2003). "

(4) After sub-paragraph (3) insert--

" (3A) Where--

(a) a designation applies this paragraph to any person ("the CSO"); and

(b) by virtue of a designation under paragraph 1A the CSO has the power to impose a requirement under sub-paragraph (3) of that paragraph in relation to an offence under a relevant byelaw,

the CSO shall also have any power a constable has under the relevant byelaw to remove a person from a place.

(3B) Where a person to whom this paragraph applies ("the CSO") has reason to believe that another person is committing an offence under section 3 or 4 of the Vagrancy Act 1824, and requires him to stop doing whatever gives rise to that belief, the CSO may, if the other person fails to stop as required, require him to wait with the CSO, for a period not exceeding thirty minutes, for the arrival of a constable. "

(5) In sub-paragraph (4), after "(3)" insert "or (3B)".

(6) In sub-paragraph (5)--

(a) omit paragraph (a),

(b) in paragraph (b), after "(3)" insert "or (3B)".

(7) In sub-paragraph (6), after the paragraph (ab) inserted by paragraph 13(2) of Schedule 13 to this Act, insert--

" (ac) an offence under section 3 or 4 of the Vagrancy Act 1824; or

(ad) an offence under a relevant byelaw; or " .

(8) After sub-paragraph (6) insert--

" (6A) In this paragraph "relevant licensing offence" means an offence under any of the following provisions of the Licensing Act 2003--

(a) section 141 (otherwise than by virtue of subsection (2)(c) or (3) of that section);

(b) section 142;

(d) section 149(1)(a), (3)(a) or (4)(a);

(e) section 150(1);

(f) section 150(2) (otherwise than by virtue of subsection (3)(b) of that section);

(g) section 152(1) (excluding paragraph (b)).

(6B) In this paragraph "relevant byelaw" means a byelaw included in a list of byelaws which--

(a) have been made by a relevant body with authority to make byelaws for any place within the relevant police area; and

(b) the chief officer of the police force for the relevant police area and the relevant body have agreed to include in the list.

(6C) The list must be published by the chief officer in such a way as to bring it to the attention of members of the public in localities where the byelaws in the list apply.

(6D) A list of byelaws mentioned in sub-paragraph (6B) may be amended from time to time by agreement between the chief officer and the relevant body in question, by adding byelaws to it or removing byelaws from it, and the amended list shall also be published by the chief officer as mentioned in sub-paragraph (6C).

(6E) A relevant body for the purposes of sub-paragraph (6B) is--

(a) in England, a county council, a district council, a London borough council or a parish council; or in Wales, a county council, a county borough council or a community council;

(b) the Greater London Authority;

(d) a metropolitan county passenger transport authority established under section 28 of the Local Government Act 1985;

(e) any body specified in an order made by the Secretary of State.

(6F) An order under sub-paragraph (6E)(e) may provide, in relation to any body specified in the order, that the agreement mentioned in sub-paragraph (6B)(b) and (6D) is to be made between the chief officer and the Secretary of State (rather than between the chief officer and the relevant body). "

(9) Omit sub-paragraph (7).

(10) At the end add--

" (8) The application of any provision of this paragraph by paragraph 3(2), 3A(2) or 7A(8) has no effect unless a designation under this paragraph has applied this paragraph to the CSO in question. "

4 After paragraph 2 insert--

" Powers to search individuals and to seize and retain items

2A (1) Where a designation applies this paragraph to any person, that person shall (subject to sub-paragraph (3)) have the powers mentioned in sub-paragraph (2) in relation to a person upon whom he has imposed a requirement to wait under paragraph 2(3) or (3B) (whether or not that person makes an election under paragraph 2(4)).

(2) Those powers are the same powers as a constable has under section 32 of the 1984 Act in relation to a person arrested at a place other than a police station--

(a) to search the arrested person if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others; and to seize and retain anything he finds on exercising that power, if the constable has reasonable grounds for believing that the person being searched might use it to cause physical injury to himself or to any other person;

(b) to search the arrested person for anything which he might use to assist him to escape from lawful custody; and to seize and retain anything he finds on exercising that power (other than an item subject to legal privilege) if the constable has reasonable grounds for believing that the person being searched might use it to assist him to escape from lawful custody.

(3) If in exercise of the power conferred by sub-paragraph (1) the person to whom this paragraph applies seizes and retains anything by virtue of sub-paragraph (2), he must--

(a) tell the person from whom it was seized where inquiries about its recovery may be made; and

(b) comply with a constable's instructions about what to do with it. "

5 In paragraph 3 (power to require name and address of person acting in anti-social manner), in sub-paragraph (2), for "sub-paragraph (2) of that paragraph" substitute "paragraph 1A(3)".

6 After paragraph 3 insert--

" Power to require name and address: road traffic offences

3A (1) Where a designation applies this paragraph to any person, that person shall, in the relevant police area, have the powers of a constable--

(a) under subsection (1) of section 165 of the Road Traffic Act 1988 to require a person mentioned in paragraph (c) of that subsection who he has reasonable cause to believe has committed, in the relevant police area, an offence under subsection (1) or (2) of section 35 of that Act (including that section as extended by paragraphs 11B(4) and 12(2) of this Schedule) to give his name and address; and

(b) under section 169 of that Act to require a person committing an offence under section 37 of that Act (including that section as extended by paragraphs 11B(4) and 12(2) of this Schedule) to give his name and address.

(2) Sub-paragraphs (3) to (5) of paragraph 2 apply in the case of a requirement imposed by virtue of sub-paragraph (1) as they apply in the case of a requirement under paragraph 1A(3).

(3) The reference in section 169 of the Road Traffic Act 1988 to section 37 of that Act is to be taken to include a reference to that section as extended by paragraphs 11B(4) and 12(2) of this Schedule. "

7 In paragraph 4 (power to use reasonable force to detain person)--

(a) in sub-paragraph (2)(b), after "paragraph" insert "1A or",

(b) in sub-paragraph (3), for "paragraph 2(2)" substitute "paragraph 1A(3)".

8 After paragraph 7 insert--

" Search and seizure powers: alcohol and tobacco

7A (1) Where a designation applies this paragraph to any person ("the CSO"), the CSO shall have the powers set out below.

(2) Where--

(a) in exercise of the powers referred to in paragraph 5 or 6 the CSO has imposed, under section 12(2) of the Criminal Justice and Police Act 2001 or under section 1 of the Confiscation of Alcohol (Young Persons) Act 1997, a requirement on a person to surrender alcohol or a container for alcohol;

(b) that person fails to comply with that requirement; and

the CSO may search him for it.

(3) Where--

(a) in exercise of the powers referred to in paragraph 7 the CSO has sought to seize something which by virtue of that paragraph he has a power to seize;

(b) the person from whom he sought to seize it fails to surrender it; and

the CSO may search him for it.

(4) The power to search conferred by sub-paragraph (2) or (3)--

(a) is to do so only to the extent that is reasonably required for the purpose of discovering whatever the CSO is searching for; and

(b) does not authorise the CSO to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves.

(5) A person who without reasonable excuse fails to consent to being searched is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6) A CSO who proposes to exercise the power to search a person under sub-paragraph (2) or (3) must inform him that failing without reasonable excuse to consent to being searched is an offence.

(7) If the person in question fails to consent to being searched, the CSO may require him to give the CSO his name and address.

(8) Sub-paragraph (3) of paragraph 2 applies in the case of a requirement imposed by virtue of sub-paragraph (7) as it applies in the case of a requirement under paragraph 1A(3); and sub-paragraphs (4) to (5) of paragraph 2 also apply accordingly.

(9) If on searching the person the CSO discovers what he is searching for, he may seize it and dispose of it.

Powers to seize and detain: controlled drugs

7B (1) Where a designation applies this paragraph to any person ("the CSO"), the CSO shall, within the relevant police area, have the powers set out in sub-paragraphs (2) and (3).

(2) If the CSO--

(a) finds a controlled drug in a person's possession (whether or not he finds it in the course of searching the person by virtue of a designation under any paragraph of this Schedule); and

(b) reasonably believes that it is unlawful for the person to be in possession of it,

the CSO may seize it and retain it.

(3) If the CSO--

(a) finds a controlled drug in a person's possession (as mentioned in sub-paragraph (2)); or

(b) reasonably believes that a person is in possession of a controlled drug,

and reasonably believes that it is unlawful for the person to be in possession of it, the CSO may require him to give the CSO his name and address.

(4) If in exercise of the power conferred by sub-paragraph (2) the CSO seizes and retains a controlled drug, he must--

(a) if the person from whom it was seized maintains that he was lawfully in possession of it, tell the person where inquiries about its recovery may be made; and

(b) comply with a constable's instructions about what to do with it.

(5) A person who fails to comply with a requirement under sub-paragraph (3) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

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