UK Act of Parliament 1997 United Kingdom

Police Act 1997

An Act to make provision for the National Criminal Intelligence Service and the National Crime Squad; to make provision about entry on and interference with property and with wireless telegraphy in the course of the prevention or detection of serious crime; to make provision for the Police Information Technology Organisation; …

Enforced by
DBS, Home Office
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 2 of 18 obligations carry imprisonment (6 months). 2 carry different penalties and 14 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person3 Employer1 Employee1

Plus 13 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Employer — also bound by 682 other Acts
Employee — also bound by 189 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

The National Criminal Intelligence Service

0 of 56 sections shown
56 other sections in this Part — procedural and definitional
s.009 Removal of certain members appointed under section 9
s.016 Budget statement
s.017 Provision supplemental to section 17
s.018 Financing by the Scottish Ministers
s.021 Accounts
s.028 Codes of practice for Director General of NCIS
s.031 Power to give directions as to action plans
s.031 Procedure for giving directions by the Secretary of State
s.031 Procedure for giving directions by the Scottish Ministers
s.034 Regulations for NCIS
Part 2

The National Crime Squad

0 of 53 sections shown
53 other sections in this Part — procedural and definitional
s.055 Removal of certain members appointed under section 55
s.061 Budget statement
s.062 Provision supplemental to section 62
s.066 Accounts
s.073 Codes of practice for Director General of NCS
s.076 Power to give directions as to action plans
s.076 Procedure for giving directions under sections 75 and 76A
s.079 Regulations for NCS
s.080 Regulation of procedures and practices
Part 3

Authorisation of Action in Respect of Property

8 of 18 sections shown
s.105 Appeals by authorising officers: supplementary. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Investigatory Powers Commissioner must notify authorising officers of appeal outcomesStatutory regulator

amended 11 times (opens in a new tab)

10 other sections in this Part — procedural and definitional
Part 4

Police Information Technology Organisation

3 of 3 sections shown
Part 5

Certificates of Criminal Records, &c.

51 of 51 sections shown
s.112 Criminal conviction certificates. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • DBS must issue criminal conviction certificates upon valid applicationStatutory regulator

amended 23 times (opens in a new tab)

s.113 Criminal record certificates

amended 64 times

s.113 Enhanced criminal record certificates

amended 64 times

s.113 Suitability information relating to children Regulated
Other duties (1) — Crown / regulator
  • Regulator must include suitability info on enhanced certificatesStatutory regulator

amended 64 times

s.113 Suitability information relating to vulnerable adults Regulated
Other duties (1) — Crown / regulator
  • DBS must include adult suitability information on enhanced certificatesStatutory regulator

amended 64 times

s.113 Suitability information: power to amend

amended 64 times

s.113 Criminal record certificates: suitability relating to children

amended 64 times

s.113 Suitability information relating to children

amended 64 times

s.113 Suitability information relating to protected adults

amended 64 times

s.113 Suitability information: supplementary

amended 64 times

s.113 Criminal record certificates: suitability relating to adults

amended 64 times

s.113 Criminal record certificates: specified children's and adults' lists: urgent cases Regulated
Other duties (1) — Crown / regulator
  • DBS must provide urgent preliminary criminal record checks upon requestStatutory regulator

amended 64 times

s.113 Criminal record certificates: supplementary

amended 64 times

s.114 Criminal record certificates: Crown employment. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • DBS must issue criminal record certificates for Crown employmentStatutory regulator

amended 15 times (opens in a new tab)

s.116 Enhanced criminal record certificates: judicial appointments and Crown employment. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • DBS must issue enhanced certificates for judicial and Crown appointmentsStatutory regulator

amended 22 times (opens in a new tab)

s.116 Up-dating certificates

amended 22 times

s.116 Copies of criminal record certificate or enhanced criminal record certificate

amended 22 times

s.116 Application for an order for a new criminal record certificate or enhanced criminal record certificate

amended 22 times

s.117 Other disputes about section 113B(4) information

amended 24 times

s.117 Review of criminal record certificates

amended 24 times

s.118 Evidence of identity. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • DBS may refuse certificates if identity is not verifiedStatutory regulator

amended 23 times (opens in a new tab)

s.119 Sources of information. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Police forces and record holders must provide data to the DBSStatutory regulator

amended 56 times (opens in a new tab)

s.119 Further sources of information: Scotland

amended 56 times

s.119 Independent monitor

amended 56 times

s.120 Registered persons. (opens in a new tab) Regulated
  • Register with the DBS to request criminal record checksAny Person

amended 36 times (opens in a new tab)

s.120 Refusal and cancellation of registration on grounds related to disclosure Regulated
Other duties (1) — Crown / regulator
  • DBS may refuse or cancel registration based on data security suitabilityStatutory regulator

amended 36 times

s.120 Refusal, cancellation or suspension of registration on other grounds

amended 36 times

s.120 Procedure for cancellation or suspension under section 120AA

amended 36 times

s.120 Registered persons: information on progress of an application Regulated
Other duties (1) — Crown / regulator
  • DBS must provide progress updates on certificate applicationsStatutory regulator

amended 36 times

s.120 Registered persons: copies of certificates in certain circumstances

amended 36 times

s.120 Regulations about registration

amended 36 times

s.120 Regulations about registration

amended 36 times

s.122 Code of practice. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • DBS may suspend or cancel registration for Code of Practice breachesStatutory regulator

amended 23 times (opens in a new tab)

s.122 Delegation of functions of Secretary of State

amended 23 times

s.122 Delegation of functions of Scottish Ministers

amended 23 times

s.123 Offences: falsification, &c. (opens in a new tab) Imprisonment
  • Falsify or misuse a police certificateAny Person

6 months imprisonment · amended 1 time (opens in a new tab)

s.124 Offences: disclosure. (opens in a new tab) Imprisonment
  • Unauthorised disclosure of certificate informationEmployee

6 months imprisonment · amended 18 times (opens in a new tab)

s.124 Further offences: disclosure of information obtained in connection with delegated function Imprisonment
  • Unauthorised disclosure of information obtained in delegated functionAny Person

51 weeks imprisonment · amended 18 times

s.124 Scottish annotated list of certificated persons

amended 18 times

s.125 Form of applications

amended 11 times

s.125 Form of applications

amended 11 times

s.126 Part 5: Modifications for Northern Ireland

amended 17 times

s.126 Protected convictions

amended 17 times

s.126 Offences in schedules 8A and 8B

amended 17 times

Part 6

Miscellaneous

0 of 6 sections shown
Part 7

General

2 of 6 sections shown
s.136 Police: co-operation on implementation. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Police authorities must cooperate to implement the ActStatutory regulator
4 other sections in this Part — procedural and definitional
s.133 Meaning of “prevention” and “detection”.
Schedules

Schedules

1 of 300 shown
s.sch008a Offences which must be disclosed unless a sheriff orders otherwise Prosecution
  • Employing individuals with certain undisclosed criminal convictionsEmployer

Unlimited fine

299 other schedules
s.sch002 Allowances for members etc.
s.sch002a Further provisions about Service Authorities
s.sch002a Powers
s.sch002a Committees
s.sch002a Proceedings
s.sch002a Arrangements for discharge of functions by Service Authorities
s.sch002a Interpretation
s.sch003 (1) Where an order under section 17 requires the NCIS...
s.sch003 (1) Subject to paragraph 3, a levy shall not be...
s.sch003 (1) Where the Secretary of State does not approve, under...
s.sch003 (1) The NCIS Service Authority shall, within the prescribed period,...
s.sch003 In this Schedule “prescribed” means prescribed by an order under...
s.sch005 (1) Where an order under section 62 requires the NCS...
s.sch005 (1) Subject to paragraph 3, a levy shall not be...
s.sch005 (1) Where the Secretary of State does not approve, under...
s.sch005 (1) The NCS Service Authority shall, within the prescribed period,...
s.sch005 In this Schedule “prescribed” means prescribed by an order under...
s.sch006 In section 21 of the Local Government and Housing Act...
s.sch006 (1) Section 107 (application to police authorities of provisions relating...
s.sch006 (1) Section 146A (application to police authorities of miscellaneous powers...
s.sch006 In section 223 (appearance of local authorities in legal proceedings),...
s.sch007 Where a Commissioner appointed under section 91(1)(b) is required by...
s.sch007 (1) In a case where the Commissioner determines that a...
s.sch007 (1) If the Commissioner makes a determination in favour of...
s.sch007 Where— (a) the Chief Commissioner receives a report of the...
s.sch007 (1) Where the Commissioner gives a complainant notice that a...
s.sch007 Any compensation which the Commissioner directs the authorising officer to...
s.sch007 The references in this Schedule to the authorising officer who...
s.sch008a Abduction.
s.sch008a Drugging.
s.sch008a Embezzlement.
s.sch008a Extortion.
s.sch008a Hamesucken.
s.sch008a Housebreaking with intent to steal.
s.sch008a Perverting the course of justice (by whatever means and however...
s.sch008a Plagium.
s.sch008a Reset of plagium.
s.sch008a Robbery.
s.sch008a Wilful fire-raising.
s.sch008a Armed forces
s.sch008a In this Schedule— “conviction” and “spent conviction” have the same...
s.sch008a Abortion.
s.sch008a Aviation , spaceflight and maritime
s.sch008a Bribery
s.sch008a Children
s.sch008a Computer misuse
s.sch008a Domestic abuse
s.sch008a An offence under section 2 of the Domestic Abuse (Scotland)...
s.sch008a An offence under section 1 of the Domestic Abuse (Scotland)...
s.sch008a Explosives
s.sch008a False statements and declarations
s.sch008a An offence under section 1A of the Prevention of Crime...
s.sch008a Firearms and other weapons
s.sch008a An offence under the Chemical Weapons Act 1996.
s.sch008a An offence under section 139AA of the Criminal Justice Act...
s.sch008a An offence under section 9 of the Forced Marriage etc....
s.sch008a Forced marriage
s.sch008a Fraud and forgery
s.sch008a Harassment
s.sch008a An offence under any of the following provisions of the...
s.sch008a Health
s.sch008a Human trafficking and exploitation
s.sch008a (1) There is to be an independent reviewer for the...
s.sch008a Assault to the danger of life.
s.sch008a An offence under section 4 of the Asylum and Immigration...
s.sch008a An offence under section 47 of the Criminal Justice and...
s.sch008a An offence under section 3A of the Female Genital Mutilation...
s.sch008a An offence under the Prohibition of Female Genital Mutilation (Scotland)...
s.sch008a An offence under any of the following provisions of the...
s.sch008a Insolvency
s.sch008a Medical professions etc.
s.sch008a An offence under any of the following provisions of the...
s.sch008a An offence under any of the following provisions of the...
s.sch008a An offence under section 28(1) of the Opticians Act 1989...
s.sch008a An offence under section 32 of the Osteopaths Act 1993...
s.sch008a An offence under section 32 of the Chiropractors Act 1994...
s.sch008a An offence under article 39 of the Health Professions Order...
s.sch008a An offence under article 44 of the Nursing and Midwifery...
s.sch008a An offence under article 19 of the Anaesthesia Associates and...
s.sch008a An offence under article 38 (offences relating to the Register)...
s.sch008a Medicines
s.sch008a National security
s.sch008a Official Secrets Acts
s.sch008a An offence under the Official Secrets Act 1920.
s.sch008a An offence under the Official Secrets Act 1989
s.sch008a Proceeds of crime and money laundering
s.sch008a Prostitution
s.sch008a Road traffic
s.sch008a An offence under section 67 of the Serious Organised Crime...
s.sch008a The Department may from time to time publish guidance to...
s.sch008a Assault to severe injury.
s.sch008a Serious organised crime
s.sch008a Sexual offences
s.sch008a An offence under section 51A of the Civic Government (Scotland)...
s.sch008a A sexual offence within the meaning given by section 210A(10)...
s.sch008a An offence under any of the following provisions of the...
s.sch008a An offence under section 7 of the Protection of Children...
s.sch008a An offence under any of the following provisions of the...
s.sch008a An offence under section 69 of the Serious Crime Act...
s.sch008a An offence under any of the following provisions of the...
s.sch008a Solicitors
s.sch008a Stalking and harassment
s.sch008a An offence under any of the following provisions of the...
s.sch008a Taxation
s.sch008a Terrorism
s.sch008a An offence under any of the following provisions of the...
s.sch008a An offence under the Terrorism Act 2006.
s.sch008a (1) A person who receives a criminal record certificate or...
s.sch008a Assault with intent to rape or ravish.
s.sch008a An offence under any of the following provisions of the...
s.sch008a Violent offender orders
s.sch008a Vulnerable persons
s.sch008a An offence under section 315 of the Mental Health (Care...
s.sch008a An offence under any of the following provisions of the...
s.sch008a Any offence where the conduct in respect of which the...
s.sch008a An offence under section 26 of the Health (Tobacco, Nicotine...
s.sch008a Witness protection
s.sch008a Statutory aggravations
s.sch008a Common law aggravations
s.sch008a An offence, the conviction for which indicates that it included...
s.sch008a An offence of assault the conviction for which indicates that...
s.sch008a (1) The independent reviewer, on receiving an application under paragraph...
s.sch008a Assault with intent to commit the statutory offence of rape....
s.sch008a Inchoate offences
s.sch008a An offence committed by attempting or conspiring to commit the...
s.sch008a Superseded offences
s.sch008a Combined offences
s.sch008a Corresponding offences elsewhere in the UK or abroad
s.sch008a (1) This paragraph applies where— (a) the Department proposes to...
s.sch008a Bestiality.
s.sch008a The Chief Constable, the Department and the Probation Board for...
s.sch008a Cruel and unnatural treatment of persons.
s.sch008a Culpable homicide.
s.sch008a Defeating the ends of justice.
s.sch008an REVIEW OF CRIMINAL RECORD CERTIFICATES
s.sch008b OFFENCES WHICH ARE TO BE DISCLOSED SUBJECT TO RULES
s.sch008b Fraud.
s.sch008b Prostitution
s.sch008b An offence under the Prostitution (Public Places) (Scotland) Act 2007....
s.sch008b Public order
s.sch008b An offence under section 68(1) of the Criminal Justice and...
s.sch008b Road traffic
s.sch008b Sexual offences
s.sch008b Solicitors
s.sch008b Terrorism
s.sch008b Threatening or abusive behaviour
s.sch008b Vets
s.sch008b Miscellaneous statutory offences
s.sch008b An offence under section 22 of the Rent (Scotland) Act...
s.sch008b An offence under section 1 of the Malicious Communications Act...
s.sch008b Hijacking.
s.sch008b An offence under any of the following provisions of the...
s.sch008b An offence under any of the following provisions of the...
s.sch008b Statutory aggravations
s.sch008b An offence (other than an offence listed in schedule 8A)...
s.sch008b Common law aggravations
s.sch008b An offence (other than an offence listed in schedule 8A...
s.sch008b Inchoate offences
s.sch008b An offence committed by attempting or conspiring to commit any...
s.sch008b Superseded offences
s.sch008b Combined offences
s.sch008b Corresponding offences elsewhere in the UK or abroad
s.sch008b Opening a lockfast place with intent to steal.
s.sch008b Piracy.
s.sch008b Public indecency.
s.sch008b Reset (excluding reset of plagium).
s.sch008b Theft (excluding plagium).
s.sch008b Treason.
s.sch008b Uttering.
s.sch008b Uttering threats.
s.sch008b Assault excluding any assault of a kind listed in Schedule...
s.sch008b Adult support and protection
s.sch008b Animals
s.sch008b Breach of the peace.
s.sch008b Armed forces
s.sch008b Assaulting or hindering public officials
s.sch008b An offence under section 32 of the Commissioners for Revenue...
s.sch008b An offence under the Emergency Workers (Scotland) Act 2005.
s.sch008b An offence under section 85 of the Fire (Scotland) Act...
s.sch008b An offence under section 90 of the Police and Fire...
s.sch008b Aviation, maritime and spaceflight
s.sch008b Aviation
s.sch008b An offence under section 9 of the Aviation and Maritime...
s.sch008b An offence under article 265 of the Air Navigation Order...
s.sch008b An offence under any of the following paragraphs of schedule...
s.sch008b Bomb hoaxes
s.sch008b Bribery
s.sch008b Care services
s.sch008b Clandestinely taking possession.
s.sch008b An offence under any of the following provisions of the...
s.sch008b An offence under article 27 of the Public Services Reform...
s.sch008b An offence under regulation 19 of the Social Care and...
s.sch008b Charities
s.sch008b Child Support
s.sch008b Children
s.sch008b Computer misuse
s.sch008b Crossbows
s.sch008b Domestic abuse
s.sch008b Drugs
s.sch008b An offence under any of the following provisions of the...
s.sch008b Culpable and reckless conduct.
s.sch008b An offence under the Criminal Justice (International Co-operation) Act 1990....
s.sch008b An offence under any of the following provisions of the...
s.sch008b Escape from custody etc.
s.sch008b An offence under section 91 of the Police and Fire...
s.sch008b Financial Services
s.sch008b An offence under the Financial Services Act 2012.
s.sch008b Fire safety
s.sch008b Firearms
s.sch008b An offence under section 50(5) of the Civic Government (Scotland)...
s.sch008b An offence under the Firearms (Amendment) Act 1997.
s.sch008b An offence under any of the following provisions of the...
s.sch008b An offence under section 31 of the Air Weapons and...
s.sch008b Culpable and reckless conduct to the danger of life.
s.sch008b Culpable and reckless endangering of the public.
s.sch008b Food safety and standards
s.sch008b An offence under regulation 4(b) of the General Food Regulations...
s.sch008b Forced marriage
s.sch008b Fraud and forgery
s.sch008b An offence under section 46A of the Criminal Law (Consolidation)...
s.sch008b An offence under the Fraud Act 2006.
s.sch008b An offence under section 993 of the Companies Act 2006...
s.sch008b An offence under section 49 of the Criminal Justice and...
s.sch008b An offence under section 92 of the Police and Fire...
s.sch008b Harassment
s.sch008b Immigration, etc.
s.sch008b Culpable and reckless fireraising.
s.sch008b An offence under any of the following provisions of the...
s.sch008b An offence under section 35 of the Asylum and Immigration...
s.sch008b An offence under section 21 of the Immigration, Asylum and...
s.sch008b Insolvency
s.sch008b Landmines
s.sch008b Lasers
s.sch008b Medicines
s.sch008b An offence under any of the following provisions of the...
s.sch008b Mental health
s.sch008b Neglect of duty
s.sch008b An offence under section 22 of the Police and Fire...
s.sch008b Obscene material etc.
s.sch008b An offence under any of the following provisions of the...
s.sch008b An offence under section 85(3) of the Postal Services Act...
s.sch008b An offence under section 127(1) of the Communications Act 2003...
s.sch008b Offences in relation to children
s.sch008b An offence under section 40(1) of the Children and Young...
s.sch008b An offence under section 50(2) of the Civic Government (Scotland)...
s.sch008b An offence under section 81 of the Children (Scotland) Act...
s.sch008b An offence under any of the following provisions of the...
s.sch008b An offence under section 75 of the Age of Criminal...
s.sch008b Offensive behaviour etc.
s.sch008b Offensive weapons
s.sch008b An offence under section 50(3) (penalty for improper importation of...
s.sch008b An offence under any of the following provisions of the...
s.sch008b An offence under any of the following provisions of the...
s.sch008b An offence under any of the following provisions of the...
s.sch008b Official Secrets Acts
s.sch008b Prisons
s.sch008b Proceeds of crime and money laundering
s.sch008b An offence under the Proceeds of Crime Act 2002 (External...
s.sch008b An offence under the Proceeds of Crime Act 2002 (External...
s.sch009 At the end of section 28 (regulations as to standards...
s.sch009 In section 38 (constables engaged on central service and certain...
s.sch009 In section 38A (constables engaged on service outside their force)—...
s.sch009 In section 54 of the Firearms Act 1968 (application of...
s.sch009 In subsection (2) of section 12 of the District Courts...
s.sch009 (1) . . . . . . . . ....
s.sch009 In Schedule 1 to the Public Records Act 1958 (definition...
s.sch009 (1) . . . . . . . . ....
s.sch009 In section 53 of the Fair Employment (Northern Ireland) Act...
s.sch009 (1) Section 11 of the Police Pensions Act 1976 (interpretation)...
s.sch009 In each of sections 51 and 59 of the Local...
s.sch009 In Article 19 of the Sex Discrimination (Northern Ireland) Order...
s.sch009 In section 64 of the Justices of the Peace Act...
s.sch009 In Part I of Schedule 1 to the Law Reform...
s.sch009 In section 106 of the Housing Associations Act 1985 (minor...
s.sch009 In section 65A (which was inserted by section 3 of...
s.sch009 In Schedule 1 to the Housing Act 1988 (tenancies which...
s.sch009 In section 22 of the Aviation and Maritime Security Act...
s.sch009 Section 47 of the Road Traffic Act 1991 (applications for...
s.sch009 In section 19 of the Local Government Finance Act 1992...
s.sch009 (1) Section 22 of the Criminal Appeals Act 1995 (meaning...
s.sch009 The Police Act 1996 shall be amended as follows.
s.sch009 At the end of section 53 (regulations as to standards...
s.sch009 (1) Section 57 (common services) shall be amended as follows....
s.sch009 The Police (Scotland) Act 1967 shall be amended as follows....
s.sch009 In section 88 (liability for wrongful acts of constables), in...
s.sch009 (1) Section 97 (police officers engaged on service outside their...
s.sch009 In section 3 of the Housing Grants, Construction and Regeneration...
s.sch009 In section 27(3) (regulations as to police cadets), after “(1A),”...
s.sch009 In Schedule 2 to the Juries (Northern Ireland) Order 1996...

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