UK Act of Parliament
1984
United Kingdom
Police and Criminal Evidence Act 1984
At a glance
Enforced by
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part I — Powers to Stop and Search
Browse 7 other sections in this Part — procedural / definitional / commencement
Part II — Powers of Entry, Search and Seizure
Browse 16 other sections in this Part — procedural / definitional / commencement
Power of justice of the peace to authorise entry and search of premises.
Special provisions as to access.
Meaning of “items subject to legal privilege”.
Meaning of “excluded material”.
Meaning of “personal records”.
Meaning of “journalistic material”.
Meaning of “special procedure material”.
Search warrants—safeguards.
Execution of warrants.
Entry for purpose of arrest etc.
Entry and search after arrest.
General power of seizure etc.
Extension of powers of seizure to computerised information.
Access and copying.
Retention.
Meaning of “premises” etc.
Part III — Arrest
Browse 15 other sections in this Part — procedural / definitional / commencement
Arrest without warrant: constables
Arrest without warrant: other persons
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Repeal of statutory powers of arrest without warrant or order.
Fingerprinting of certain offenders.
Information to be given on arrest.
Voluntary attendance at police station etc.
Arrest elsewhere than at police station.
Release of a person arrested elsewhere than at police station
Bail under section 30A: variation of conditions by police
Bail under section 30A: variation of conditions by court
Failure to answer to bail under section 30A
Arrest for further offence.
Search upon arrest.
Execution of warrant not in possession of constable.
Part IV — Detention
Browse 49 other sections in this Part — procedural / definitional / commencement
Limitations on police detention.
Designated police stations.
Custody officers at police stations.
Duties of custody officer before charge.
Guidance
Consultation with the Director of Public Prosecutions
Breach of bail following release under section 37(7)(a)
Breach of bail following release under section 37(7)(b)
Release on bail under section 37: further provision
Duties of custody officer after charge.
Responsibilities in relation to persons detained.
Review of police detention.
Use of telephone for review under s. 40
Limits on period of detention without charge.
Authorisation of continued detention.
Warrants of further detention.
Extension of warrants of further detention.
Detention before charge—supplementary.
Use of live links for other decisions about detention
Functions of extending detention: use of live links
Warrants for further detention: use of live links
Detention after charge.
Power of arrest for failure to answer to police bail.
Persons granted live link bail
Bail after arrest.
Early administrative hearings conducted by justices’ clerks.
Limits on period of bail without charge
Applicable bail period: initial limit
Applicable bail period: conditions A to D in sections 47ZD to 47ZG
Applicable bail period: extension of initial limit in standard cases
Applicable bail period: further extension of limit in standard cases
Applicable bail period: extension of limit in non-standard cases
Applicable bail period: extension of limit in designated cases
Applicable bail period: first extension of limit by court
Applicable bail period: subsequent extensions of limit by court
Sections 47ZF and 47ZG: withholding sensitive information
Sections 47ZF to 47ZH: proceedings in magistrates’ court
Sections 47ZF and 47ZG: late applications to magistrates’ court
Rules
Applicable bail period and bail return date: special case of release on bail under section 37(7)(a) or 37C(2)(b)
Applicable bail period: special cases of release on bail under section 30A and periods in hospital
Duty to seek views of alleged victims on conditions of pre-charge bail
Remands to police detention.
Police detention to count towards custodial sentence.
Records of detention.
Interpretation of references to pre-conditions for bail
Guidance from the College of Policing on pre-charge bail
Savings.
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Part V — Questioning and Treatment of Persons by Police
Browse 63 other sections in this Part — procedural / definitional / commencement
Abolition of certain powers of constables to search persons.
Searches of detained persons.
Searches and examination to ascertain identity
Searches of persons answering to live link bail
Power to retain articles seized
Intimate searches
X-rays and ultrasound scans
Right to have someone informed when arrested.
Additional rights of children and young persons.
Access to legal advice.
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Audio recording of interviews.
Visual recording of interviews
Notification of decision not to prosecute person interviewed
Finger-printing.
Impressions of footwear
Intimate samples.
Other samples.
Fingerprints and samples: supplementary provisions.
Inclusion of DNA profiles on National DNA Database
National DNA Database Strategy Board
Testing for presence of Class A drugs.
Testing for presence of Class A drugs: supplementary.
Destruction of fingerprints and DNA profiles
Retention of section 63D material pending investigation or proceedings
Retention of section 63D material: persons arrested for or charged with a qualifying offence
Retention of section 63D material by virtue of section 63F(5): consent of Commissioner
Retention of section 63D material: persons arrested for or charged with a minor offence
Retention of material: persons convicted of a recordable offence
Retention of material: persons convicted of an offence outside England and Wales after taking of section 63D material
Retention of material: persons convicted of an offence outside England and Wales: other cases
Retention of section 63D material: exception for persons under 18 convicted of first minor offence
Retention of section 63D material under section 63IA: exception for persons under 18 convicted of first minor offence outside England and Wales
Retention of section 63D material: persons given a penalty notice
Retention of section 63D material for purposes of national security
Retention of section 63D material given voluntarily
Retention of section 63D material with consent
Retention of 63D material in connection with different offence
Retention of further sets of fingerprints
Destruction of copies of section 63D material
Destruction of samples
Destruction of impressions of footwear
Use of retained material
Exclusions for certain regimes
Destruction of fingerprints and samples.
Photographing of suspects etc.
Destruction of samples
Destruction of data given voluntarily
Destruction of data relating to a person subject to a control order
Destruction of data relating to persons not convicted
Destruction of data relating to persons under 18 not convicted: recordable offences other than qualifying offences
Destruction of data relating to persons under 16 not convicted: qualifying offences
Destruction of data relating to persons aged 16 or 17 not convicted: qualifying offences
Destruction of data relating to persons under 18 convicted of a recordable offence other than a qualifying offence
Sections 64ZB to 64ZH: supplementary provision
Destruction of fingerprints taken under section 61(6A)
Retention for purposes of national security
Retention with consent
Destruction of copies, and notification of destruction
Use of retained material
Part V—supplementary.
“Qualifying offence”
Persons convicted of an offence”
Part VI — Codes of Practice—General
Browse 2 other sections in this Part — procedural / definitional / commencement
Codes of practice.
Codes of practice—supplementary.
Part VII — Documentary Evidence in Criminal Proceedings
Browse 5 other sections in this Part — procedural / definitional / commencement
Part VIII — Evidence in Criminal Proceedings—General
Browse 12 other sections in this Part — procedural / definitional / commencement
Proof of convictions and acquittals.
Conviction as evidence of commission of offence.
Provisions supplementary to section 74.
Confessions.
Confessions may be given in evidence for co-accused
Confessions by mentally handicapped persons.
Exclusion of unfair evidence.
Time for taking accused’s evidence.
Competence and compellability of accused’s spouse or civil partner.
Rule where accused’s spouse or civil partner not compellable.
Advance notice of expert evidence in Crown Court.
Part VIII— interpretation.
Part IX — Police Complaints and Discipline
Regulations—supplementary.
Amended 2 timesDiscipline regulations
Amended 1 timeRepresentation at disciplinary proceedings.
Amended 1 timeDisciplinary appeals.
Amended 1 timeRestrictions on subsequent proceedings.
Amended 2 timesGuidelines concerning discipline, complaints, etc.
Amended 4 timesBrowse 17 other sections in this Part — procedural / definitional / commencement
Establishment of the Police Complaints Authority.
Preliminary.
Investigation of complaints: standard procedure.
Investigation of complaints against senior officers.
References of complaints to Authority.
References of other matters to Authority.
Supervision of investigations by Authority.
Steps to be taken after investigation—general.
Steps to be taken where accused has admitted charges.
Powers of Authority to direct reference of reports etc. to Director of Public Prosecutions.
Powers of Authority as to disciplinary charges.
Disciplinary tribunals.
Information as to the manner of dealing with complaints etc.
Constabularies maintained by authorities other than police authorities.
Reports.
Restrictions on disclosure of information.
Regulations.
Part X — Police—General
Arrangements for obtaining the views of the community on policing.
Amended 1 timePolice officers performing duties of higher rank.
Amended 5 timesDeputy chief constables.
Amended 4 timesAmendments relating to Police Federations.
Amended 1 timeFunctions of special constables in Scotland.
Amended 1 timeMetropolitan police officers.
Amended 1 timeBrowse 1 other section in this Part — procedural / definitional / commencement
Part XI — Miscellaneous and Supplementary
Application of Act to Armed Forces.
Amended 26 timesApplication of Act to Revenue and Customs
Amended 13 timesPower to apply Act to officers of the Secretary of State etc.
Amended 13 timesApplication of Act to enforcement officers
Amended 13 timesPower to apply Act to food crime officers
Amended 13 timesApplication of Act to Welsh Revenue Authority
Amended 13 timesMeaning of “serious arrestable offence”.
Amended 9 timesPower of constable to use reasonable force.
Amended 4 timesGeneral interpretation.
Amended 15 timesExtent.
Amended 9 timesBrowse 4 other sections in this Part — procedural / definitional / commencement
Schedules
Browse 182 other Schedules — structural / supplementary
If on an application made by a constable a judge...
For the purposes of paragraph 8 , and of section...
Where notice of an application for an order under paragraph...
If on an application made by a constable a judge—...
The judge may not issue an all premises warrant unless...
A constable may seize and retain anything for which a...
The further conditions mentioned in paragraph 12 (a)(ii) above are—...
(1) If a person fails to comply with an order...
Criminal Procedure Rules may make provision about proceedings under this...
The costs of any application under this Schedule and of...
The first set of access conditions is fulfilled if—
The second set of access conditions is fulfilled if—
An order under this paragraph is an order that the...
Where the material consists of information stored in any electronic...
For the purposes of sections 21 and 22 above material...
An application for an order under paragraph 4 above that...
Notice of an application for an order under paragraph 4...
Notice of an application for an order under paragraph 4...
Customs and Excise Acts
An offence under— (a) section 1(5) of the Wildlife and...
Civil Aviation Act 1982
An offence of contravening a provision of an Order in...
Aviation Security Act 1982
Sexual Offences Act 1985
Public Order Act 1986
Criminal Justice Act 1988
Road Traffic Act 1988
An offence under subsection (4) of section 170 of the...
An offence under section 174 of the Road Traffic Act...
Official Secrets Act 1989
Football Spectators Act 1989
Official Secrets Act 1920
Football (Offences) Act 1991
Criminal Justice and Public Order Act 1994
Police Act 1996
Protection from Harassment Act 1997
Crime and Disorder Act 1998
Criminal Justice and Police Act 2001
Licensing Act 2003
Sexual Offences Act 2003
Prevention of Terrorism Act 2005
Wireless Telegraphy Act 1949
Criminal Justice Act 1925
Prevention of Crime Act 1953
Sexual Offences Act 1956
Obscene Publications Act 1959
Firearms Act 1968
Theft Act 1968
Misuse of Drugs Act 1971
Theft Act 1978
Protection of Children Act 1978
Wildlife and Countryside Act 1981
(1) A constable may require a person to attend a...
(1) A constable may require a person to attend a...
(1) A constable may require a person to attend a...
A constable may require a person to attend a police...
A constable may require a person to attend a police...
(1) Where a non-intimate sample has been taken from a...
Persons arrested and released
Persons charged etc.
Persons convicted of an offence etc. in England and Wales
Persons convicted of an offence etc. outside England and Wales
Multiple exercise of power
A power conferred by this Schedule to require a person...
(1) A requirement under this Schedule— (a) must direct the...
A constable may arrest without warrant a person who has...
(1) A constable may require a person to attend a...
(1) A constable may require a person to attend a...
. . . . . . . . . ....
A constable may require a person to attend a police...
(1) Where a person's fingerprints have been taken under section...
A constable may require a person to attend a police...
A constable may require a person to attend a police...
(1) A constable may require a person to attend a...
Common law offences
Criminal Damage Act 1971
Public Order Act 1986
Criminal Justice Act 1988
Road Traffic Act 1988
Football (Offences) Act 1991
Protection from Harassment Act 1997
Crime and Disorder Act 1998
Criminal Justice and Police Act 2001
Sexual Offences Act 2003
Serious Crime Act 2015
Battery.
Offences against the Person Act 1861
Children and Young Persons Act 1933
Prevention of Crime Act 1953
Restriction of Offensive Weapons Act 1959
Theft Act 1968, etc
An offence under section 1 (1) of the Criminal Attempts...
Misuse of Drugs Act 1971
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Any person who in a certificate tendered under paragraph 8...
In estimating the weight, if any, to be attached to...
For the purposes of paragraph 11 above information shall be...
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For the purpose of deciding whether or not a statement...
Provision may be made by rules of court for supplementing...
In any proceedings where it is desired to give a...
Notwithstanding paragraph 8 above, a court may require oral evidence...
(1) The Police Complaints Authority shall consist of a chairman...
(1) Subject to the provisions of this Act, the arrangements...
The validity of any proceedings of the Authority shall not...
The Secretary of State shall pay to the Authority expenses...
(1) It shall be the duty of the Authority—
(1) No information received by the Police Complaints Board in...
(1) On the day on which section 83 above comes...
Proceedings in any court to which the Police Complaints Board...
Where a person— (a) ceases to be a member of...
Paragraphs 14 to 17 above are without prejudice to the...
(1) The Authority shall be a body corporate.
(1) Subject to the following provisions of this Schedule, a...
The Secretary of State may pay, or make such payments...
Where a person ceases to hold such an office otherwise...
The Authority may, after consultation with the Secretary of State,...
(1) Employment by the Authority shall be included among the...
The Employers’ Liability (Compulsory Insurance) Act 1969 shall not require...
(1) If it appears to the Authority that it is...
Section 1 (endangering safety at aerodromes).
Section 9 (hijacking of ships).
Section 10 (seizing or exercising control of fixed platforms).
Article 4 (hijacking of Channel Tunnel trains).
Article 5 (seizing or exercising control of the tunnel system)....
Section 1 (indecent photographs and pseudo-photographs of children).
Section 2 (publication of obscene matter).
Section 1 (rape).
Section 2 (assault by penetration).
Section 5 (intercourse with a girl under the age of...
Section 4 (causing a person to engage in sexual activity...
Section 5 (rape of a child under 13).
Section 6 (assault of a child under 13 by penetration)....
Section 8 (causing or inciting a child under 13 to...
Section 5 (causing or allowing the death of a child...
Section 31 (causing or inciting a person, with a mental...
Rape.
Incest with a girl under the age of 13.
Buggery with a person under the age of 16.
Indecent assault which constitutes an act of gross indecency.
Section 1 (causing death by dangerous driving). Section 3A (causing...
The following section shall be inserted after section 31 of...
In subsection (1) of section 2 of the Game Laws...
In subsection (1) of section 4 of that Act (enforcement...
The following subsection shall be substituted for subsection (2) of...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . ....
The following subsection shall be inserted after section 4(1) of...
In section 15(1) of the Theatres Act 1968 (powers of...
In the Children and Young Persons Act 1969—
In section 39 of the Metropolitan Police Act 1839 (fairs...
In section 25(3) of the Immigration Act 1971 for the...
In subsection (1) of section 34 of the Criminal Justice...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In subsection (5) of section 60 of the Animal Health...
In subsection (2) of section 19 of the Wildlife and...
In section 135(4) of the Mental Health Act 1983 for...
. . . . . . . . . ....
(1) The Army Act 1955 shall be amended as follows....
(1) The Air Force Act 1955 shall be amended as...
In section 16 of the Railway Regulation Act 1840 (persons...
In section 6(2) of the Police (Scotland) Act 1967 (constables...
In section 7(1) of that Act (ranks) after the words...
In section 26(7) of that Act (disciplinary authority) immediately before...
In section 31(2) of that Act (compulsory retirement of chief...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Part II of Schedule 1 to the House of...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The following subsection shall be substituted for section 138(4) of...
In section 161 of that Act— (a) in subsection (3),...
In the following provisions of the Betting and Gaming Duties...
In section 27 of the London Hackney Carriages Act 1843...
In paragraph 7(3) of Schedule 1 to the Car Tax...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 5 of the Town Gardens Protection Act 1863...
The following section shall be substituted for section 5 of...
In the Dogs (Protection of Livestock) Act 1953 the following...
The following subsection shall be substituted for section 195(3) of...
At the end of section 41 of the Sexual Offences...
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Successful prosecution of a relevant person for noncompliance with a Regulation 18 Notice - Drinking Water Inspectorate (opens in a new tab) from DWI Detailed Guidance
- Successful prosecution of a relevant person for non-compliance with a Regulation 18 Notice - Drinking Water Inspectorate (opens in a new tab) from DWI Detailed Guidance
- PRIVATE WATER SUPPLIES – CASE STUDY 2016/02 - Drinking Water Inspectorate (opens in a new tab) from DWI Detailed Guidance
- PRIVATE WATER SUPPLIES – CASE STUDY 2014/06 - Drinking Water Inspectorate (opens in a new tab) from DWI Detailed Guidance
- Information gathering (opens in a new tab) from TPR Detailed Guidance
- Prosecution policy (opens in a new tab) from TPR Detailed Guidance
- Focusplay Retirement Benefits Scheme - Regulatory intervention report (opens in a new tab) from TPR Detailed Guidance
- Knives, offensive weapons and serious violence (opens in a new tab) Other
Enforcement and responsible bodies
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