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

(The document as of February, 2008)

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(1B) A person falls within this subsection if he has been--

(a) arrested by a constable for an offence;

(b) taken into custody by a constable after being arrested for an offence by a person other than a constable;

(c) made subject to a requirement to wait with a community support officer under paragraph 2(3) or (3B) of Schedule 4 to the Police Reform Act 2002 ("the 2002 Act");

(d) given a penalty notice by a constable in uniform under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001, a penalty notice by a constable under section 444A of the Education Act 1996, or a fixed penalty notice by a constable in uniform under section 54 of the Road Traffic Offenders Act 1988;

(e) given a notice in relation to a relevant fixed penalty offence (within the meaning of paragraph 1 of Schedule 4 to the 2002 Act) by a community support officer by virtue of a designation applying that paragraph to him; or

(f) given a notice in relation to a relevant fixed penalty offence (within the meaning of paragraph 1 of Schedule 5 to the 2002 Act) by an accredited person by virtue of accreditation specifying that that paragraph applies to him. "

(3) In subsection (4)(a), after "prosecution" insert "or to the enforcement of a sentence".

(4) In subsection (5), after paragraph (b) insert " ; and

(c) "sentence" includes any order made by a court in England and Wales when dealing with an offender in respect of his offence. "

(5) After subsection (6) insert--

" (6A) In this section, a "photograph" includes a moving image, and corresponding expressions shall be construed accordingly. "

Fingerprints and footwear impressions

117 Fingerprints

(1) Section 61 of PACE (fingerprinting) is amended as provided in subsections (2) to (4).

(2) After subsection (6) insert--

" (6A) A constable may take a person's fingerprints without the appropriate consent if--

(a) the constable reasonably suspects that the person is committing or attempting to commit an offence, or has committed or attempted to commit an offence; and

(b) either of the two conditions mentioned in subsection (6B) is met.

(6B) The conditions are that--

(a) the name of the person is unknown to, and cannot be readily ascertained by, the constable;

(b) the constable has reasonable grounds for doubting whether a name furnished by the person as his name is his real name.

(6C) The taking of fingerprints by virtue of subsection (6A) does not count for any of the purposes of this Act as taking them in the course of the investigation of an offence by the police. "

(3) In subsection (7), for "or (6)" substitute ", (6) or (6A)".

(4) In subsection (7A)--

(a) after "police station," insert "or by virtue of subsection (6A) at a place other than a police station,",

(b) in paragraph (a), after "an officer" insert "(or, in a subsection (6A) case, the constable)".

(5) In section 63A of PACE (fingerprints and samples: supplementary provisions)--

(a) after subsection (1) insert--

" (1ZA) Fingerprints taken by virtue of section 61(6A) above may be checked against other fingerprints to which the person seeking to check has access and which are held by or on behalf of any one or more relevant law-enforcement authorities or which are held in connection with or as a result of an investigation of an offence. " ,

(b) in subsection (1A), after "subsection (1)" insert "and (1ZA)".

(6) Section 64 of PACE (destruction of fingerprints and samples) is amended as follows.

(7) In subsection (1A), for "or the conduct of a prosecution" substitute ", the conduct of a prosecution or the identification of a deceased person or of the person from whom a body part came".

(8) After subsection (1B) insert--

" (1BA) Fingerprints taken from a person by virtue of section 61(6A) above must be destroyed as soon as they have fulfilled the purpose for which they were taken. "

(9) In subsection (3AB), for "subsection (3)" substitute "subsection (1BA) or (3)".

(10) in subsection (3AC)--

(a) in paragraph (a), after "that" insert "fingerprint or",

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

" This subsection does not apply to fingerprints taken from a person by virtue of section 61(6A) above. "

118 Impressions of footwear

(1) PACE is amended as provided in subsections (2) to (4).

(2) After section 61 insert--

" 61A Impressions of footwear

(1) Except as provided by this section, no impression of a person's footwear may be taken without the appropriate consent.

(2) Consent to the taking of an impression of a person's footwear must be in writing if it is given at a time when he is at a police station.

(3) Where a person is detained at a police station, an impression of his footwear may be taken without the appropriate consent if--

(a) he is detained in consequence of his arrest for a recordable offence, or has been charged with a recordable offence, or informed that he will be reported for a recordable offence; and

(b) he has not had an impression taken of his footwear in the course of the investigation of the offence by the police.

(4) Where a person mentioned in paragraph (a) of subsection (3) above has already had an impression taken of his footwear in the course of the investigation of the offence by the police, that fact shall be disregarded for the purposes of that subsection if the impression of his footwear taken previously is--

(a) incomplete; or

(b) is not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally).

(5) If an impression of a person's footwear is taken at a police station, whether with or without the appropriate consent--

(a) before it is taken, an officer shall inform him that it may be the subject of a speculative search; and

(b) the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the impression has been taken, and if he is detained at a police station, the record shall be made on his custody record.

(6) In a case where, by virtue of subsection (3) above, an impression of a person's footwear is taken without the appropriate consent--

(a) he shall be told the reason before it is taken; and

(b) the reason shall be recorded on his custody record as soon as is practicable after the impression is taken.

(7) The power to take an impression of the footwear of a person detained at a police station without the appropriate consent shall be exercisable by any constable.

(8) Nothing in this section applies to any person--

(a) arrested or detained under the terrorism provisions;

(b) arrested under an extradition arrest power. "

(3) Section 63A (fingerprints and samples: supplementary provisions) is amended as follows--

(a) in subsection (1), after "fingerprints", in both places, insert ", impressions of footwear",

(b) in subsection (1C)--

(i) in paragraph (a), after "fingerprints" insert ", impressions of footwear",

(ii) in paragraph (b), after "fingerprints" insert ", of the impressions of footwear",

(iii) after the third "fingerprints" insert "or impressions of footwear",

(iv) after the fourth "fingerprints" insert ", impressions of footwear".

(4) Section 64 (destruction of fingerprints and samples) is amended as follows--

(a) in subsection (1A), after "fingerprints" in both places where it occurs insert ", impressions of footwear",

(b) in subsection (1B)(a), after "fingerprint" insert "or an impression of footwear",

(d) in subsection (3AA)--

(i) for "and fingerprints" substitute ", fingerprints and impressions of footwear",

(ii) in paragraph (b), for "or, as the case may be, fingerprint" substitute ", fingerprint, (or as the case may be) an impression of footwear",

(e) in subsection (3AB)--

(i) after each of the first and third places "fingerprint" occurs insert ", impression of footwear",

(ii) after the second place "fingerprint" occurs, insert ", nor the impression of footwear,",

(f) in subsection (3AC), after "fingerprint" in each place where it occurs (including the "fingerprint" in paragraph (a) inserted by section 117(10)(a) of this Act), insert ", impression of footwear",

(g) in subsection (3AD), after "fingerprint" insert ", impression of footwear",

(h) in subsection (5), after "fingerprints" in each place where it occurs insert "or impressions of footwear",

(i) in subsection (6), after "fingerprints" insert "or impressions of footwear",

(j) in subsection (6A), after "fingerprints" insert "or impressions of footwear".

Intimate samples

119 Intimate samples

(1) Section 65 of PACE (which defines certain terms for the purposes of Part 5 of that Act) is amended as follows.

(2) In the definition of "intimate sample", for paragraph (c) substitute--

" (c) a swab taken from any part of a person's genitals (including pubic hair) or from a person's body orifice other than the mouth; " .

(3) In the definition of "non-intimate sample", for paragraph (c) substitute--

" (c) a swab taken from any part of a person's body other than a part from which a swab taken would be an intimate sample; " .

Custody officers

120 Staff custody officers: designation

(1) Section 38 of the Police Reform Act 2002 (c. 30) (police powers for police authority employees) is amended as provided in subsections (2) to (4).

(2) In subsection (2), after paragraph (d) add--

" (e) staff custody officer. "

(3) In subsection (6), after paragraph (d) add--

" (e) in the case of a person designated as a staff custody officer, Part 4A. "

(4) After subsection (9) add--

" (10) References in this section, section 42 or section 46(4) to powers and duties conferred or imposed on a designated person, or to a designated person's being authorised or required to do anything by virtue of a designation under this section, or to a power or duty exercisable by a designated person in reliance on or by virtue of a designation under this section are, in the case of a staff custody officer at a police station designated under section 35(1) of the 1984 Act, references to those things in relation to him after his appointment as a custody officer for that police station under section 36(2) of that Act. "

(5) After Part 4 of Schedule 4 to the Police Reform Act 2002 (powers exercisable by police civilians) insert--

" Part 4A Staff custody officers

Exercise of functions of custody officers

35A (1) Where a designation applies this paragraph to any person, he may (subject to sub-paragraph (2)) perform all the functions of a custody officer under the 1984 Act (except those under section 45A(4) of that Act) and under any other enactment which confers functions on such a custody officer.

(2) But in relation to a police station designated under section 35(1) of the 1984 Act, the person must first also be appointed a custody officer for that police station under section 36(2) of that Act.

(3) A person performing the functions of a custody officer by virtue of a designation under this paragraph (together with, if appropriate, an appointment as such) shall have all the powers and duties of a custody officer.

(4) Except in sections 36 and 45A(4) of the 1984 Act, references in any enactment to a custody officer within the meaning of that Act include references to a person performing the functions of a custody officer by virtue of a designation under this paragraph. "

121 Custody officers: amendments to PACE

(1) Section 36 of PACE (custody officers at police stations) is amended as provided in subsections (2) to (6).

(2) For subsection (3) substitute--

" (3) No person may be appointed a custody officer unless--

(a) he is a police officer of at least the rank of sergeant; or

(b) he is a staff custody officer. "

(3) In subsection (5), for "an officer" substitute "an individual".

(4) In subsection (7)--

(a) in paragraph (a)--

(i) after "by an officer" insert "or a staff custody officer",

(ii) for "such an officer" substitute "such a person",

(b) in paragraph (b), for "such officer" substitute "such person".

(5) In subsection (8)--

(a) after "in" insert "section 34 above or in",

(b) for "an officer" substitute "a person".

(6) After subsection (10) add--

" (11) In this section, "staff custody officer" means a person who has been designated as such under section 38 of the Police Reform Act 2002. "

(7) In section 39 of PACE (responsibilities in relation to persons detained)--

(a) in subsection (6)(a), after "custody officer" insert "(or, if the custody officer is a staff custody officer, any police officer or any police employee)",

(b) after subsection (6) add--

" (7) In subsection (6) above--

"police employee" means a person employed under section 15 of the Police Act 1996;
"staff custody officer" has the same meaning as in the Police Reform Act 2002. "

Designated and accredited persons

122 Powers of designated and accredited persons

(1) The Police Reform Act 2002 (c. 30) is amended as follows.

(2) In section 42 (supplementary provisions relating to designations)--

(a) in subsection (2), after "section 41 shall" insert ", subject to subsection (2A),",

(b) after subsection (2) insert--

" (2A) A police officer of or above the rank of inspector may direct a particular investigating officer not to wear a uniform for the purposes of a particular operation; and if he so directs, subsection (2) shall not apply in relation to that investigating officer for the purposes of that operation.

(2B) In subsection (2A), "investigating officer" means a person designated as an investigating officer under section 38 by the chief officer of police of the same force as the officer giving the direction. "

(3) Schedule 4 (powers exercisable by police civilians) is amended as follows--

(a) in paragraph 1, after sub-paragraph (2) insert--

" (2A) The reference to the powers mentioned in sub-paragraph (2)(a) does not include those powers so far as they relate to an offence under the provisions in the following list--

section 1 of the Theft Act 1968,
section 87 of the Environmental Protection Act 1990. " ,

(b) in paragraph 15A (power to modify paragraph 1(2)(a)), for sub-paragraph (1) substitute--

" (1) The Secretary of State may by order amend paragraph 1(2A) so as to remove a provision from the list or add a provision to the list; but the list must contain only provisions mentioned in the first column of the Table in section 1(1) of the Criminal Justice and Police Act 2001. " ,

and in the heading to paragraph 15A, for "1(2)(a)" substitute "1(2A)".

(4) Schedule 5 (powers exercisable by accredited persons) is amended as provided in subsections (5) and (6).

(5) In paragraph 1 (power to issue fixed penalty notices)--

(a) in sub-paragraph (2)(aa), omit "except in respect of an offence under section 12 of the Licensing Act 1872 or section 91 of the Criminal Justice Act 1967",

(b) after sub-paragraph (2) insert--

" (2A) The reference to the powers mentioned in sub-paragraph (2)(aa) does not include those powers so far as they relate to an offence under the provisions in the following list--

section 12 of the Licensing Act 1872,
section 91 of the Criminal Justice Act 1967,
section 1 of the Theft Act 1968,
section 1(1) of the Criminal Damage Act 1971,
section 87 of the Environmental Protection Act 1990. "

(6) In paragraph 9A (power to modify paragraph 1(2)(aa)), for sub-paragraph (1) substitute--

and in the heading to paragraph 9A, for "1(2)(aa)" substitute "1(2A)".

(7) Schedules 8 and 9 to this Act, which provide for additional powers and duties for designated and accredited persons under the Police Reform Act 2002 (c. 30), have effect.

Provision of information for use by police staff

123 Provision of information for use by police staff

(1) In section 71 of the Criminal Justice and Court Services Act 2000 (c. 43) (access to driver licensing records), in subsection (4), after "In this section" insert " --

"constables" includes--

(a) persons employed by a police authority under section 15(1) of the Police Act 1996 who are under the direction and control of the chief officer of police of the police force maintained by that authority,

(b) persons employed by a police authority under section 9(1) of the Police (Scotland) Act 1967 who are under the direction and control of the chief constable of the police force maintained for the authority's area,

(d) persons employed by the British Transport Police Authority under section 27(1) of the Railways and Transport Safety Act 2003 who are under the direction and control of the Chief Constable of the British Transport Police Force " .

(2) In section 18 of the Vehicles (Crime) Act 2001 (c. 3) (register of registration plate suppliers), after subsection (8) insert--

" (9) In this section, "constables" includes--

(c) persons employed by the British Transport Police Authority under section 27(1) of the Railways and Transport Safety Act 2003 who are under the direction and control of the Chief Constable of the British Transport Police Force. " .

(3) In section 36 of the Vehicles (Crime) Act 2001 (c. 3) (access to certain motor insurance information), in subsection (3), after "In this section--" insert--

" "constables" includes--

Interpretation of Part 3

124 Interpretation of Part 3

In this Part, "PACE" means the Police and Criminal Evidence Act 1984 (c. 60).

Part 4 Public order and conduct in public places etc.

Harassment

125 Harassment intended to deter lawful activities

(1) The Protection from Harassment Act 1997 (c. 40) is amended as follows.

(2) In section 1 (prohibition of harassment)--

(a) after subsection (1) insert--

" (1A) A person must not pursue a course of conduct --

(a) which involves harassment of two or more persons, and

(b) which he knows or ought to know involves harassment of those persons, and

(i) not to do something that he is entitled or required to do, or

(ii) to do something that he is not under any obligation to do. " ;

(b) in subsection (2), after "amounts to" insert "or involves" and after "amounted to" insert "or involved";

(3) In section 2(1) (offence of harassment) for "section 1" substitute "section 1(1) or (1A)".

(4) In section 3(1) (civil remedy) for "section 1" substitute "section 1(1)".

(5) After section 3 insert--

" 3A Injunctions to protect persons from harassment within section 1(1A)

(1) This section applies where there is an actual or apprehended breach of section 1(1A) by any person ("the relevant person").

(2) In such a case--

(a) any person who is or may be a victim of the course of conduct in question, or

(b) any person who is or may be a person falling within section 1(1A)(c),

may apply to the High Court or a county court for an injunction restraining the relevant person from pursuing any conduct which amounts to harassment in relation to any person or persons mentioned or described in the injunction.

(3) Section 3(3) to (9) apply in relation to an injunction granted under subsection (2) above as they apply in relation to an injunction granted as mentioned in section 3(3)(a). "

(6) In section 5(2) (restraining orders) after "victim" insert "or victims".

(7) In section 7 (interpretation of sections 1 to 5)--

(a) for subsection (3) substitute--

" (3) A "course of conduct" must involve--

(a) in the case of conduct in relation to a single person (see section 1(1)), conduct on at least two occasions in relation to that person, or

(b) in the case of conduct in relation to two or more persons (see section 1(1A)), conduct on at least one occasion in relation to each of those persons. " ; and

(b) after subsection (4) add--

" (5) References to a person, in the context of the harassment of a person, are references to a person who is an individual. "

126 Harassment etc. of a person in his home

(1) After section 42 of the Criminal Justice and Police Act 2001 (c. 16) insert--

" 42A Offence of harassment etc. of a person in his home

(1) A person commits an offence if--

(a) that person is present outside or in the vicinity of any premises that are used by any individual ("the resident") as his dwelling;

(b) that person is present there for the purpose (by his presence or otherwise) of representing to the resident or another individual (whether or not one who uses the premises as his dwelling), or of persuading the resident or such another individual--

(i) that he should not do something that he is entitled or required to do; or

(ii) that he should do something that he is not under any obligation to do;

(i) intends his presence to amount to the harassment of, or to cause alarm or distress to, the resident; or

(ii) knows or ought to know that his presence is likely to result in the harassment of, or to cause alarm or distress to, the resident; and

(d) the presence of that person--

(i) amounts to the harassment of, or causes alarm or distress to, any person falling within subsection (2); or

(ii) is likely to result in the harassment of, or to cause alarm or distress to, any such person.

(2) A person falls within this subsection if he is--

(a) the resident,

(b) a person in the resident's dwelling, or

(3) The references in subsection (1)(c) and (d) to a person's presence are references to his presence either alone or together with that of any other persons who are also present.

(4) For the purposes of this section a person (A) ought to know that his presence is likely to result in the harassment of, or to cause alarm or distress to, a resident if a reasonable person in possession of the same information would think that A's presence was likely to have that effect.

(5) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 4 on the standard scale, or to both.

(6) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the reference in subsection (5) to 51 weeks is to be read as a reference to 6 months.

(7) In this section "dwelling" has the same meaning as in Part 1 of the Public Order Act 1986. "

(2) A constable in uniform may arrest without warrant any person he reasonably suspects is committing or has committed an offence under section 42A (as inserted by subsection (1)).

(3) Subsection (2) ceases to have effect on the commencement of section 110 of this Act.

127 Harassment etc: police direction to stay away from person's home

(1) Section 42 of the Criminal Justice and Police Act 2001 (c. 16) (police directions stopping harassment of a person in his home) is amended as follows.

(2) For subsection (4) substitute--

" (4) The requirements that may be imposed by a direction under this section include--

(a) a requirement to leave the vicinity of the premises in question, and

(b) a requirement to leave that vicinity and not to return to it within such period as the constable may specify, not being longer than 3 months;

and (in either case) the requirement to leave the vicinity may be to do so immediately or after a specified period of time. "

(3) In subsection (7), for "contravenes a direction given to him under this section" substitute "fails to comply with a requirement in a direction given to him under this section (other than a requirement under subsection (4)(b))".

(4) After subsection (7) insert--

" (7A) Any person to whom a constable has given a direction including a requirement under subsection (4)(b) commits an offence if he--

(a) returns to the vicinity of the premises in question within the period specified in the direction beginning with the date on which the direction is given; and

(b) does so for the purpose described in subsection (1)(b).

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