Criminal Justice and Police Act 2001 (c. 16)

(The document as of February, 2008)

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(d) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom. "

(3) In paragraph (3), for "paragraph (3A)" there shall be substituted "the following provisions of this Article".

(4) For paragraphs (3A) and (3B) (power to retain samples for elimination purposes and restriction on use) there shall be substituted--

" (3AA) Samples and fingerprints are not required to be destroyed under paragraph (3) if--

(a) they were taken for the purposes of the investigation of an offence of which a person has been convicted; and

(b) a sample or, as the case may be, fingerprint was also taken from the convicted person for the purposes of that investigation.

(3AB) Subject to paragraph (3AC), where a person is entitled under paragraph (3) to the destruction of any fingerprint or sample taken from him (or would be but for paragraph (3AA)), neither the fingerprint nor the sample, nor any information derived from the sample, shall be used--

(a) in evidence against the person who is or would be entitled to the destruction of that fingerprint or sample; or

(b) for the purposes of the investigation of any offence;

and paragraph (1B) applies for the purposes of this paragraph as it applies for the purposes of paragraph (1A).

(3AC) Where a person from whom a fingerprint or sample has been taken consents in writing to its retention--

(a) that sample need not be destroyed under paragraph (3); and

(b) paragraph (3AB) shall not restrict the use that may be made of the fingerprint or sample or, in the case of a sample, of any information derived from it;

and a consent given for the purposes of this paragraph shall not be capable of being withdrawn.

(3AD) For the purposes of paragraph (3AC) it shall be immaterial whether the consent is given at, before or after the time when the entitlement to the destruction of the fingerprint or sample arises. "

(5) In paragraph (8)(a) (saving for power conferred by Immigration Act 1971 (c. 77)), after "1971" there shall be inserted "or section 20 of the Immigration and Asylum Act 1999 (c. 33) (disclosure of police information to the Secretary of State for use for immigration purposes);".

(6) The fingerprints, samples and information the retention and use of which, in accordance with the amended provisions of Article 64 of the Order of 1989, is authorised by this section include--

(a) fingerprints and samples the destruction of which should have taken place before the commencement of this section, but did not; and

(b) information deriving from any such samples or from samples the destruction of which did take place, in accordance with that Article, before the commencement of this section.

84 Amendment of Terrorism Act 2000 equivalent to s. 82

(1) Paragraph 14 of Schedule 8 to the Terrorism Act 2000 (c. 11) (use of fingerprints and samples) shall be amended as follows.

(2) For sub-paragraph (2) (restriction on use for the purposes of a terrorist investigation) there shall be substituted--

" (2) The fingerprints and samples may be retained but shall not be used by any person except for the purposes of a terrorist investigation or for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution. "

(3) In sub-paragraph (3) (exclusion of checks against the fingerprints or samples under section 63A or its Northern Ireland equivalent except for the purposes of a terrorism investigation), after "investigation" there shall be inserted "or for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution."

(4) After sub-paragraph (4) there shall be inserted--

" (4A) In this paragraph--

(a) a reference to crime includes a reference to any conduct which--

(i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or

(ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences;

and

(b) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom. "

Persons authorised by the Secretary of State

85 Power to apply 1984 Act provisions

After section 114 of the 1984 Act (application of Act to Customs and Excise) there shall be inserted--

" 114A Power to apply Act to officers of the Secretary of State etc.

(1) The Secretary of State may by order direct that--

(a) the provisions of Schedule 1 to this Act so far as they relate to special procedure material, and

(b) the other provisions of this Act so far as they relate to the provisions falling within paragraph (a) above,

shall apply, with such modifications as may be specified in the order, for the purposes of investigations falling within subsection (2) as they apply for the purposes of investigations of offences conducted by police officers.

(2) An investigation falls within this subsection if--

(a) it is conducted by an officer of the department of the Secretary of State for Trade and Industry or by another person acting on that Secretary of State's behalf;

(b) it is conducted by that officer or other person in the discharge of a duty to investigate offences; and

(c) the investigation relates to a serious arrestable offence or to anything which there are reasonable grounds for suspecting has involved the commission of a serious arrestable offence.

(3) The investigations for the purposes of which provisions of this Act may be applied with modifications by an order under this section include investigations of offences committed, or suspected of having been committed, before the coming into force of the order or of this section.

(4) An order under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

Execution of process in other domestic jurisdictions

86 Process for obtaining excluded and special procedure material

(1) In section 9 of the 1984 Act (which contains provision introducing the provisions of Schedule 1 to that Act for obtaining access to excluded and special procedure material), after subsection (2) there shall be inserted--

" (2A) Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24) (which includes provision for the execution of process of English courts in Scotland) and section 29 of the Petty Sessions (Ireland) Act 1851 (c. 93) (which makes equivalent provision for execution in Northern Ireland) shall each apply to any process issued by a circuit judge under Schedule 1 to this Act as it applies to process issued by a magistrates' court under the Magistrates' Courts Act 1980 (c. 43). "

(2) In section 120(5) of that Act (provisions extending to the United Kingdom), after the entry for section 6(3) of that Act there shall be inserted--

" section 9(2A); " .

(3) Section 27 of the Petty Sessions (Ireland) Act 1851 (which includes provision for the execution of process of Northern Ireland courts in other places) shall apply to any process issued by a county court judge under Schedule 1 to the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989 1341 (N.I. 12)) as it applies to a warrant mentioned in that section.

Part 4 Police Training

The Central Police Training and Development Authority

87 Establishment of the Authority

(1) There shall be a body corporate to be known as the Central Police Training and Development Authority (in this Part referred to as "the Authority").

(2) Schedule 3 (which makes provision about the Authority) shall have effect.

88 Functions of the Authority

(1) The functions of the Authority shall be--

(a) to provide police training and facilities for the provision of police training;

(b) to promote the value of the provision of police training;

(c) to give advice about the provision of police training to persons other than the Authority who provide it or are proposing to do so;

(d) to provide such persons with all such assistance in relation to the provision of police training as the Authority consider appropriate;

(e) to provide persons serving or employed for policing purposes in England and Wales with advice and consultancy services with respect to policing matters generally and with respect to best police practice and the handling of incidents requiring police involvement.

(2) It shall be the duty of the Authority to carry out their functions efficiently and effectively and in the manner which they consider is best calculated to secure--

(a) that professional excellence in persons serving or employed for policing purposes in England and Wales is promoted and developed;

(b) that facilities are maintained that represent a centre of excellence in the provision of police training for such persons;

(d) that understanding of policing issues is shared internationally.

(3) In carrying out their functions the Authority shall have regard to--

(a) any objectives for the time being determined for them and notified to them by the Secretary of State under section 89;

(b) the objectives determined by the Authority under section 90;

(c) any performance targets established by them, whether in compliance with a direction under section 91 or otherwise; and

(d) the training and development plan issued by them under section 92 for the current financial year.

(4) The Authority shall comply--

(a) with every direction given to them by the Secretary of State under section 91 or 93; and

(b) with all such other general or specific directions with respect to the carrying out of their functions as may be given to them in writing by the Secretary of State.

(5) The Authority may do anything that they consider is calculated to facilitate, or is conducive or incidental to, the carrying out of any of their functions.

(6) Subject to subsection (7), in this section--

(a) references to the provision of police training are references to the provision of training and opportunities for professional development for persons serving or employed for policing purposes in England and Wales; and

(b) references to the provision of training include references to the provision of assessment and examination services.

(7) The Authority shall be entitled, subject to subsections (2) to (4), to carry out their functions under subsection (1) as if the references in that subsection to the provision of police training included, to such extent and for such purposes as the Authority consider appropriate, references to the provision of training and opportunities for professional development for--

(a) persons serving with or employed for the purposes of any of the organisations or forces set out in subsection (8);

(b) park constables, within the meaning of the Parks Regulation Act 1872 (c. 15);

(c) special constables appointed under section 3 of the Special Constables Act 1923 (c. 11) on the nomination of the United Kingdom Atomic Energy Authority;

(d) any person who appears to the Authority to be a person to whom it would be appropriate to provide such training or opportunities in order to secure that the police training provided by the Authority is more effective or more beneficial;

(e) any person who appears to the Authority to be a person to whom it would be appropriate to provide any training or professional development in the provision of which the Authority have, for purposes connected with the carrying out of their functions, acquired a special expertise; and

(f) any other such person as the Secretary of State may by order specify for the purposes of this subsection.

(8) Those organisations and forces are--

(a) the National Criminal Intelligence Service;

(b) the National Crime Squad;

(d) the Police Service of Northern Ireland;

(e) the Police Service of Northern Ireland Reserve;

(f) the Ministry of Defence Police;

(g) the Royal Navy Regulating Branch;

(h) the Royal Military Police;

(i) the Royal Air Force Police;

(j) the Royal Marines Police;

(k) the British Transport Police;

(l) the States of Jersey Police Force;

(m) the salaried police force of the Island of Guernsey;

(n) the Isle of Man Constabulary; and

(o) any person with functions in any country or territory outside the British Islands which correspond to those of a police force in England and Wales.

(9) Any statutory instrument containing an order made by virtue of subsection (7)(f) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10) References in this section to a person serving or employed for policing purposes in England and Wales are references to a person who is--

(a) a member of a police force in England and Wales;

(b) a special constable appointed under section 27 of the 1996 Act; or

89 Setting of objectives by the Secretary of State

(1) The Secretary of State may determine objectives for the Authority and may from time to time modify those objectives.

(2) The Secretary of State shall notify the Authority of any objectives that he has determined for them under this section and of any modification by him of those objectives.

(3) Before determining any objectives for the Authority under this section, the Secretary of State shall consult--

(a) the Authority;

(b) persons whom the Secretary of State considers to represent the interests of police authorities for areas in England and Wales; and

(c) persons whom he considers to represent the interests of chief officers of police of police forces in England and Wales.

90 The Authority's annual objectives

(1) The Authority shall, before the beginning of each financial year, determine their objectives for that year.

(2) Objectives determined under this section--

(a) may relate to matters to which objectives determined under section 89 also relate, or to other matters; but

(b) shall, in any event, be so framed as to be consistent with the objectives determined under that section.

(3) Before determining objectives under this section, the Authority shall consult--

(a) Her Majesty's Inspectors of Constabulary;

(b) persons whom they consider to represent the interests of police authorities for areas in England and Wales; and

(c) persons whom they consider to represent the interests of chief officers of police of police forces in England and Wales.

91 Setting of performance targets

(1) Where an objective has been determined under section 89 and notified to the Authority, the Secretary of State may direct the Authority to establish levels of performance ("performance targets") to be aimed at in seeking to achieve the objective.

(2) A direction given under this section may impose conditions with which the performance targets must conform.

(3) The Secretary of State shall arrange for any direction given under this section to be published in such manner as appears to him to be appropriate.

92 Training and development plans

(1) The Authority shall, before the beginning of each financial year, issue a plan for that year ("a training and development plan") setting out the proposed arrangements for the carrying out by them of their functions during the year.

(2) The training and development plan for a financial year shall include a statement of--

(a) the Authority's priorities for the year;

(b) the financial resources expected to be available to the Authority for that year; and

(3) The training and development plan for a financial year shall also give particulars of--

(a) any objectives for the time being determined for them and notified to them by the Secretary of State under section 89;

(b) the objectives determined for that year by the Authority under section 90; and

(4) The Authority shall arrange for every training and development plan issued by them under this section to be published in such manner as they consider appropriate.

(5) The Authority shall also send a copy of every training and development plan issued by them under this section to each of the following--

(a) the Secretary of State;

(b) every police authority for an area in England and Wales; and

93 Inspections of the Authority

(1) The Secretary of State may at any time require the inspectors of constabulary to carry out an inspection of the Authority under section 54 of the 1996 Act.

(2) Where a report made to the Secretary of State on an inspection of the Authority under that section states--

(a) that, in the opinion of the person making the report, the Authority are not carrying out their duties efficiently and effectively, or

(b) that in his opinion, unless remedial measures are taken, the Authority will cease to carry out their duties efficiently and effectively,

the Secretary of State may direct the Authority to take such measures as may be specified in the direction.

94 Power to require reports from the Authority

(1) The Secretary of State may require the Authority to submit to him a report on such matters connected with the carrying out of their functions as may be specified in the requirement.

(2) A report submitted under subsection (1) shall be in such form as the Secretary of State may specify.

(3) The Secretary of State may arrange, or require the Authority to arrange, for a report under this section to be published in such manner as appears to him to be appropriate.

95 Annual reports

(1) The Authority shall, as soon as possible after the end of each financial year, send to the Secretary of State a report on the carrying out of their functions during that year.

(2) A report issued under this section for any year shall include an assessment of the extent to which the Authority's training and development plan for that year issued under section 92 has been carried out.

(3) The Secretary of State shall lay a copy of each report before each House of Parliament.

96 Secretary of State's duty to promote efficiency etc. of Authority

The Secretary of State shall exercise his powers under this Part in relation to the Authority in such manner and to such extent as appears to him to be best calculated to promote the efficiency and effectiveness of the Authority.

Other provisions about training

97 Regulations for police forces

(1) The Secretary of State may make regulations as to--

(a) police training (within the meaning of section 88 above); and

(b) the qualifications for deployment to perform particular tasks of persons serving or employed for policing purposes in England and Wales.

(2) Without prejudice to the generality of subsection (1), regulations made by virtue of paragraph (a) of that subsection may make provision with respect to the curriculum for courses of training for persons serving or employed for policing purposes in England and Wales, including the evaluation, approval and manner of devising the curriculum, or any part of it.

(3) In relation to any matter as to which provision may be made by regulations under this section, the regulations may--

(a) authorise or require provision to be made by, or confer discretionary powers on, the Secretary of State, police authorities, chief officers of police or other persons; or

(b) authorise or require the delegation by any person of functions conferred on that person by or under the regulations.

(4) Before making regulations under this section the Secretary of State shall consult--

(a) the Authority;

(b) Her Majesty's Inspectors of Constabulary;

(d) persons whom he considers to represent the interests of chief officers of police of police forces in England and Wales.

(5) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Subsection (10) of section 88 shall apply for construing references in this section to persons serving or employed for policing purposes in England and Wales as it applies for construing any such references in that section.

98 Directions after inspection identifies training needs

(1) Where a report made to the Secretary of State on an inspection under section 54 of the 1996 Act (functions of inspectors of constabulary) contains recommendations in the case of any police force for the taking of measures relating to--

(a) the provision of training, or

(b) the provision of opportunities for professional development,

the Secretary of State may direct the police authority responsible for maintaining that force to take such measures relating to those matters as may be specified in the direction.

(2) A police authority shall comply with any direction given to it under this section.

99 Joint provision of training

For section 23(6) of the 1996 Act (collaboration agreements) there shall be substituted--

" (6) In subsection (1)--

(a) the reference to members of a police force includes a reference to special constables appointed for the area for which that force is maintained, and

(b) the reference to police functions includes a reference to functions with respect to training and the provision of opportunities for professional development. "

Supplemental provisions in relation to police training

100 Orders and regulations under Part 4

(1) Any power of the Secretary of State to make orders or regulations under this Part shall be exercisable by statutory instrument.

(2) Any order or regulations made by the Secretary of State under this Part may make different provision for different cases.

101 Interpretation of Part 4

(1) In this Part--

"the Authority" means the Central Police Training and Development Authority; and
"financial year" means a period of twelve months ending with 31st March.

(2) For the purposes of this Part the Commissioner of Police for the City of London shall be deemed to be a member of the City of London police force.

102 Consequential amendments relating to police training

The enactments specified in Schedule 4 (amendments consequential on the provisions of this Part) shall have effect with the amendments set out in that Schedule.

103 Transitional arrangements relating to Authority's establishment etc.

(1) The Secretary of State may, in connection with the coming into force of any provision of this Part, by order make such transitional provision and savings (including provision modifying this Part) as he thinks fit.

(2) The Secretary of State may, for the purpose of facilitating the carrying out by the Authority of their functions or in connection with the coming into force of any provision of this Part, by order make such provision as he thinks fit--

(a) for the transfer and apportionment of property and for the transfer, apportionment and creation of rights and liabilities;

(b) for the transfer of members of police forces in England and Wales and other persons.

(3) An order under this section may--

(a) provide for the Secretary of State, or any other person nominated by or in accordance with the order, to determine any matter requiring determination under or in consequence of the order; and

(b) make provision as to the payment of fees charged, or expenses incurred, by any person nominated to determine any matter by virtue of paragraph (a).

(4) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part 5 Police Organisation

Police authorities etc.

104 Vice-chairmen

(1) In Schedule 2 to the 1996 Act (police authorities outside London), after paragraph 9 there shall be inserted--

" Vice-chairmen

9A (1) At an annual meeting a police authority may appoint one or more vice-chairmen from among its members.

(2) The making of appointments under sub-paragraph (1) shall be the first business transacted at the meeting after the appointment of the chairman.

(3) Where a vice-chairman ceases to hold office at any time between annual meetings, a police authority may make an appointment to fill the vacancy at any meeting of the authority held more than fourteen days after the occurrence of the vacancy.

(4) Subject to any standing orders made by a police authority, anything authorised or required to be done by, to or before their chairman may be done by, to or before any vice-chairman of the authority. "

(2) In Schedule 2A to that Act (the Metropolitan Police Authority), after paragraph 6 there shall be inserted--

" Vice-chairmen

6A (1) At an annual meeting the Metropolitan Police Authority may appoint one or more vice-chairmen from among its members.

(2) The making of appointments under sub-paragraph (1) shall be the first business transacted at the meeting after the appointment of the chairman.

(3) Where a vice-chairman ceases to hold office at any time between annual meetings, the Metropolitan Police Authority may make an appointment to fill the vacancy at any meeting of the Authority held more than fourteen days after the occurrence of the vacancy.

(4) Subject to any standing orders made by the Metropolitan Police Authority, anything authorised or required to be done by, to or before their chairman may be done by, to or before any vice-chairman of the authority. "

(3) In Schedule 1 to the 1997 Act, the following paragraph shall be inserted at the end of Part 1--

" 6B (1) The Secretary of State may appoint one of the core members to be the vice-chairman of both the NCS Service Authority and the NCIS Service Authority.

(2) Before making an appointment under this paragraph, the Secretary of State shall consult the Scottish Ministers.

(3) Subject to any provision made by the NCS Service Authority or the NCIS Service Authority under paragraph 3 of Schedule 2A, anything authorised or required to be done by, to or before their chairman may be done by, to or before any vice-chairman of the authority. "

(4) In the following provisions (tenure of office, eligibility for reappointment and validity of acts of chairman and members of police authorities etc.)--

(a) paragraphs 17(1) and 21 to 23 of Schedule 2 to the 1996 Act,

(b) paragraphs 12(1) and 16 to 18 of Schedule 2A to that Act, and

after "chairman", wherever it occurs, there shall be inserted "or vice-chairman".

(5) In paragraph 24 of Schedule 2 to the 1996 Act, paragraph 19 of Schedule 2A to that Act and paragraph 16 of Schedule 2 to the 1997 Act (validity of acts)--

(a) after "of chairman", in each case, there shall be inserted, "by a vacancy for a vice-chairman"; and

(b) after "as chairman", in each case, there shall be inserted "or vice-chairman".

(6) In paragraph 25 of Schedule 2 to the 1996 Act (allowances for members of police authorities)--

(a) in sub-paragraph (1), after "chairman" there shall be inserted ", vice-chairmen"; and

(b) in sub-paragraph (2), after "chairman," there shall be inserted "a vice-chairman,".

(7) In paragraph 20 of Schedule 2A to the 1996 Act (allowances for members of the Metropolitan Police Authority etc.)--

(a) in sub-paragraph (1), after "chairman" there shall be inserted ", vice-chairmen"; and

(b) in sub-paragraph (3), after "chairman," there shall be inserted "a vice-chairman,".

(8) In paragraph 17 of Schedule 2 to the 1997 Act (allowances for members of the Service Authorities for NCIS and NCS)--

(a) in sub-paragraph (1), after "chairman" there shall be inserted ", vice-chairmen"; and

(b) in sub-paragraph (3), after "chairman," there shall be inserted "a vice-chairman,".

(9) In paragraph 6B(b) of Schedule 12 to the Local Government Act 1972 (c. 70) (persons to preside in the case of a police authority in the absence of the chairman), for the words from "another member" to "preside" there shall be substituted " the following person shall preside--

(i) in a case in which only one vice-chairman is present at the meeting, that vice-chairman;

(ii) in a case in which more than one vice-chairman is present at the meeting, the vice-chairman chosen by the members present; and

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