Police Reform Act 2002 (c. 30)

(The document as of February, 2008)

-- Back --

Page 5

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15

" (ia) section 67(3) (which relates to the power of a constable in uniform to stop vehicles for testing); " .

(3) In subsection (3) (traffic wardens not to be given the powers of a constable under sections 163, 164(1), (2) and (6) and 165 of the Road Traffic Act 1988 except for the purposes of exercising them in the circumstances specified in that subsection)--

(a) in the words before paragraph (a), the words "163" (which refer to the power to stop a vehicle) shall be omitted; and

(b) paragraph (c) and the word "or" immediately preceding it shall cease to have effect.

45 Code of practice relating to chief officers' powers under Chapter 1

(1) The Secretary of State shall issue a code of practice about the exercise and performance by chief officers of police and by Directors General of their powers and duties under this Chapter.

(2) The Secretary of State may from time to time revise the whole or any part of a code of practice issued under this section.

(3) Before issuing or revising a code of practice under this section, the Secretary of State shall consult with--

(a) the Service Authority for the National Criminal Intelligence Service;

(b) the Service Authority for the National Crime Squad;

(d) the Director General of the National Criminal Intelligence Service;

(e) the Director General of the National Crime Squad;

(f) persons whom he considers to represent the interests of chief officers of police;

(g) persons whom he considers to represent the interests of local authorities;

(h) the Mayor of London; and

(i) such other persons as he thinks fit.

(4) The Secretary of State shall lay any code of practice issued by him under this section, and any revisions of any such code, before Parliament.

(5) In discharging any function to which a code of practice under this section relates, a chief officer of police or a Director General shall have regard to the code.

(6) For the purposes of subsection (3)(g), "local authorities" means district councils, London borough councils, county councils in Wales, county borough councils, the Common Council of the City of London and the Council of the Isles of Scilly.

46 Offences against designated and accredited persons etc.

(1) Any person who assaults--

(a) a designated person in the execution of his duty,

(b) an accredited person in the execution of his duty, or

is guilty of an offence and shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

(2) Any person who resists or wilfully obstructs--

(a) a designated person in the execution of his duty,

(b) an accredited person in the execution of his duty, or

is guilty of an offence and shall be liable, on summary conviction, to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale, or to both.

(3) Any person who, with intent to deceive--

(a) impersonates a designated person or an accredited person,

(b) makes any statement or does any act calculated falsely to suggest that he is a designated person or that he is an accredited person, or

(c) makes any statement or does any act calculated falsely to suggest that he has powers as a designated or accredited person that exceed the powers he actually has,

is guilty of an offence and shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

(4) In this section references to the execution by a designated person or accredited person of his duty are references to his exercising any power or performing any duty which is his by virtue of his designation or accreditation.

47 Interpretation of Chapter 1

(1) In this Chapter--

"accredited person" means a person in relation to whom an accreditation under section 41 is for the time being in force;
"community safety functions" means any functions the carrying out of which would be facilitated by the ability to exercise one or more of the powers mentioned in Schedule 5;
"conduct" includes omissions and statements;
"designated person" means a person in relation to whom a designation under section 38 or 39 is for the time being in force;
"Director General" means--
(a)
the Director General of the National Criminal Intelligence Service; or
(b)
the Director General of the National Crime Squad;
"Service Authority" means--
(a)
in relation to employment with the National Criminal Intelligence Service or to its Director General, the Service Authority for the National Criminal Intelligence Service; and
(b)
in relation to employment with the National Crime Squad or to its Director General, the Service Authority for the National Crime Squad.

(2) In this Chapter--

(a) references to carrying on business include references to carrying out functions under any enactment; and

(b) references to the employees of a person carrying on business include references to persons holding office under a person, and references to employers shall be construed accordingly.

Chapter 2 Provisions modifying and supplementing police powers

Powers of arrest

48 Offences for which a person may be arrested without a warrant

(1) The 1984 Act shall be amended as follows.

(2) In subsection (1)(c) of section 24 (arrestable offences), for "to which subsection (2) below applies" there shall be substituted "listed in Schedule 1A".

(3) For subsection (2) of that section there shall be substituted--

" (2) Schedule 1A (which lists the offences referred to in subsection (1)(c)) shall have effect. "

(4) In subsection (3) of that section (attempts)--

(a) in paragraph (a), for "mentioned in subsection (2) above" there shall be substituted "listed in Schedule 1A"; and

(b) in paragraph (b), for "an offence under section 12(1) of the Theft Act 1968 (c. 60)" there shall be substituted "one which is a summary offence".

(5) After Schedule 1 there shall be inserted the Schedule set out in Schedule 6.

(6) This section has no effect in relation to offences committed before its commencement.

49 Power of arrest in relation to failure to stop a vehicle

(1) In section 163 of the Road Traffic Act 1988 (c. 52) (failure to stop when required to do so by a constable in uniform), after subsection (3) there shall be inserted--

" (4) A constable in uniform may arrest a person without warrant if he has reasonable cause to suspect that the person has committed an offence under this section. "

(2) In section 17(1)(c) of the 1984 Act (power of entry to effect arrest for certain offences), after sub-paragraph (iii) there shall be inserted--

" (iiia) section 163 of the Road Traffic Act 1988 (c. 52) (failure to stop when required to do so by a constable in uniform); " .

(3) This section has no effect in relation to offences committed before its commencement.

Power to require name and address

50 Persons acting in an anti-social manner

(1) If a constable in uniform has reason to believe that a person has been acting, or is acting, in an anti-social manner (within the meaning of section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders)), he may require that person to give his name and address to the constable.

(2) Any person who--

(a) fails to give his name and address when required to do so under subsection (1), or

(b) gives a false or inaccurate name or address in response to a requirement under that subsection,

is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Persons in police detention

51 Independent custody visitors for places of detention

(1) Every police authority shall--

(a) make arrangements for detainees to be visited by persons appointed under the arrangements ("independent custody visitors"); and

(b) keep those arrangements under review and from time to time revise them as they think fit.

(2) The arrangements must secure that the persons appointed under the arrangements are independent of both--

(a) the police authority; and

(b) the chief officer of police of the police force maintained by that authority.

(3) The arrangements may confer on independent custody visitors such powers as the police authority considers necessary to enable them to carry out their functions under the arrangements and may, in particular, confer on them powers--

(a) to require access to be given to each police station;

(b) to examine records relating to the detention of persons there;

(d) to inspect the facilities there including in particular, cell accommodation, washing and toilet facilities and the facilities for the provision of food.

(4) The arrangements may include provision for access to a detainee to be denied to independent custody visitors if--

(a) it appears to an officer of or above the rank of inspector that there are grounds for denying access at the time it is requested;

(b) the grounds are grounds specified for the purposes of paragraph (a) in the arrangements; and

(5) Grounds shall not be specified in any arrangements for the purposes of subsection (4)(a) unless they are grounds for the time being set out for the purposes of this subsection in the code of practice issued by the Secretary of State under subsection (6).

(6) The Secretary of State shall issue, and may from time to time revise, a code of practice as to the carrying out by police authorities and independent custody visitors of their functions under the arrangements.

(7) Before issuing or revising a code of practice under this section, the Secretary of State shall consult with--

(a) persons whom he considers to represent the interests of police authorities;

(b) persons whom he considers to represent the interests of chief officers of police; and

(8) The Secretary of State shall lay any code of practice issued by him under this section, and any revisions of any such code, before Parliament.

(9) Police authorities and independent custody visitors shall have regard to the code of practice for the time being in force under subsection (6) in the carrying out of their functions under the preceding provisions of this section.

(10) In this section "detainee", in relation to arrangements made under this section, means a person detained in a police station in the police area of the police authority.

52 Detention reviews for detained persons who are asleep

(1) In section 40 of the 1984 Act (review of police detention), in subsection (8) for the words from "the substitution" to the end there shall be substituted "the modifications specified in subsection (8A)".

(2) After that subsection there shall be inserted--

" (8A) The modifications are--

(a) the substitution of references to the person whose detention is under review for references to the person arrested;

(b) the substitution of references to the review officer for references to the custody officer; and

" (aa) asleep; " . "

(3) In subsection (10) of that section--

(a) for "(6)" there shall be substituted "(6B)"; and

(b) for the words from "the substitution" to the end there shall be substituted "the modifications specified in subsection (10A)".

(4) After that subsection there shall be inserted--

" (10A) The modifications are--

(a) the substitution of a reference to the person whose detention is under review for any reference to the person arrested or to the person charged; and

(b) in subsection (5), the insertion of the following paragraph after paragraph (a)--

" (aa) asleep; " . "

53 Persons suspected of offences connected with transport systems

(1) In section 34(6) of the 1984 Act (persons treated as arrested for an offence), after "1988" there shall be inserted "or section 30(2) of the Transport and Works Act 1992 (c. 42)".

(2) In section 62(11) of that Act (provisions of the Road Traffic Act 1988 (c. 52) relating to the taking of specimens not to be affected by provisions of that section)--

(a) for "affects" there shall be substituted "applies to the taking of a specimen for the purposes of any of the provisions of"; and

(b) after "Road Traffic Act 1988" there shall be inserted "or of sections 26 to 38 of the Transport and Works Act 1992".

Blood specimens

54 Persons authorised to take intimate samples from persons in police detention

(1) For subsection (9) of section 62 of the 1984 Act (persons who may take intimate samples) there shall be substituted--

" (9) In the case of an intimate sample which is a dental impression, the sample may be taken from a person only by a registered dentist.

(9A) In the case of any other form of intimate sample, except in the case of a sample of urine, the sample may be taken from a person only by--

(a) a registered medical practitioner; or

(b) a registered health care professional. "

(2) In section 65 of the 1984 Act (interpretation of Part 5 of that Act), in subsection (1) after the definition of "registered dentist" there shall be inserted--

" "registered health care professional" means a person (other than a medical practitioner) who is--

(a) a registered nurse; or

(b) a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State; " .

(3) After that subsection, there shall be inserted--

" (1A) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.

(1B) An order under subsection (1) shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

55 Extension of role of health care professionals

(1) In subsection (4) of section 7 of the Road Traffic Act 1988 (constable to decide if specimen is of blood or urine) for the words from "shall be decided" onwards there shall be substituted "and, in the case of a specimen of blood, the question who is to be asked to take it shall be decided (subject to subsection (4A)) by the constable making the requirement".

(2) After that subsection there shall be inserted--

" (4A) Where a constable decides for the purposes of subsection (4) to require the provision of a specimen of blood, there shall be no requirement to provide such a specimen if--

(a) the medical practitioner who is asked to take the specimen is of the opinion that, for medical reasons, it cannot or should not be taken; or

(b) the registered health care professional who is asked to take it is of that opinion and there is no contrary opinion from a medical practitioner;

and, where by virtue of this subsection there can be no requirement to provide a specimen of blood, the constable may require a specimen of urine instead. "

(3) In subsection (2) of section 11 of that Act (interpretation of sections 3A to 10 of that Act), after the definition of "prescribed limit" there shall be inserted--

" "registered health care professional" means a person (other than a medical practitioner) who is--

(a) a registered nurse; or

(b) a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State. "

(4) After that subsection there shall be inserted--

" (2A) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.

(2B) An order under subsection (2) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

(5) For subsection (4) of that section there shall be substituted--

" (4) A person provides a specimen of blood if and only if--

(a) he consents to the taking of such a specimen from him; and

(b) the specimen is taken from him by a medical practitioner or, if it is taken in a police station, either by a medical practitioner or by a registered health care professional. "

56 Specimens taken from persons incapable of consenting

(1) After section 7 of the Road Traffic Act 1988 (c. 52) there shall be inserted--

" 7A Specimens of blood taken from persons incapable of consenting

(1) A constable may make a request to a medical practitioner for him to take a specimen of blood from a person ("the person concerned") irrespective of whether that person consents if--

(a) that person is a person from whom the constable would (in the absence of any incapacity of that person and of any objection under section 9) be entitled under section 7 to require the provision of a specimen of blood for a laboratory test;

(b) it appears to that constable that that person has been involved in an accident that constitutes or is comprised in the matter that is under investigation or the circumstances of that matter;

(c) it appears to that constable that that person is or may be incapable (whether or not he has purported to do so) of giving a valid consent to the taking of a specimen of blood; and

(d) it appears to that constable that that person's incapacity is attributable to medical reasons.

(2) A request under this section--

(a) shall not be made to a medical practitioner who for the time being has any responsibility (apart from the request) for the clinical care of the person concerned; and

(b) shall not be made to a medical practitioner other than a police medical practitioner unless--

(i) it is not reasonably practicable for the request to made to a police medical practitioner; or

(ii) it is not reasonably practicable for such a medical practitioner (assuming him to be willing to do so) to take the specimen.

(3) It shall be lawful for a medical practitioner to whom a request is made under this section, if he thinks fit--

(a) to take a specimen of blood from the person concerned irrespective of whether that person consents; and

(b) to provide the sample to a constable.

(4) If a specimen is taken in pursuance of a request under this section, the specimen shall not be subjected to a laboratory test unless the person from whom it was taken--

(a) has been informed that it was taken; and

(b) has been required by a constable to give his permission for a laboratory test of the specimen; and

(5) A constable must, on requiring a person to give his permission for the purposes of this section for a laboratory test of a specimen, warn that person that a failure to give the permission may render him liable to prosecution.

(6) A person who, without reasonable excuse, fails to give his permission for a laboratory test of a specimen of blood taken from him under this section is guilty of an offence.

(7) In this section "police medical practitioner" means a medical practitioner who is engaged under any agreement to provide medical services for purposes connected with the activities of a police force. "

(2) In section 9 of that Act (protection of hospital patients), for subsection (2) there shall be substituted--

" (1A) While a person is at a hospital as a patient, no specimen of blood shall be taken from him under section 7A of this Act and he shall not be required to give his permission for a laboratory test of a specimen taken under that section unless the medical practitioner in immediate charge of his case--

(a) has been notified of the proposal to take the specimen or to make the requirement; and

(b) has not objected on the ground specified in subsection (2).

(2) The ground on which the medical practitioner may object is--

(a) in a case falling within subsection (1), that the requirement or the provision of the specimen or (if one is required) the warning required by section 7(7) of this Act would be prejudicial to the proper care and treatment of the patient; and

(b) in a case falling within subsection (1A), that the taking of the specimen, the requirement or the warning required by section 7A(5) of this Act would be so prejudicial. "

(3) In section 34(3) of the Road Traffic Offenders Act 1988 (c. 53) (disqualification for certain offences where offender has previous conviction)--

(a) the word "and" at the end of paragraph (b) shall be omitted; and

(b) after paragraph (c) there shall be inserted--

" (d) section 7A(6) (failing to allow a specimen to be subjected to laboratory test) where that is an offence involving obligatory disqualification; " .

(4) In Schedule 1 to the Road Traffic Offenders Act 1988 (offences to which sections 1, 11 and 12(1) of that Act apply), in the Table, after the entry beginning "RTA section 7" there shall be inserted--

" RTA section 7A

Failing to allow specimen of blood to be subjected to laboratory test

Sections 11 and 12(1). "

(5) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts), after the entry beginning "RTA section 7" there shall be inserted--

" RTA section 7A

Failing to allow specimen to be subjected to laboratory test

Summarily

(a) Where the test would be for ascertaining ability to drive or proportion of alcohol at the time offender was driving or attempting to drive, 6 months or level 5 on the standard scale or both.

(b) In any other case, 3 months or level 4 on the standard scale or both

(a) Obligatory in the case mentioned in column 4(a)

(b) Discretionary in any other case

Obligatory

3-11, in case ment-ioned in column 4(a)

10, in any other case. "

(6) In section 143(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (power to forfeit property used for the purposes of an offence under section 7 of the Road Traffic Act 1988 (c. 52))--

(a) after "7" there shall be inserted "or 7A"; and

(b) after "test" there shall be inserted "or to give permission for such a test".

57 Use of specimens taken from persons incapable of consenting

(1) In subsection (2) of section 15 of the Road Traffic Offenders Act 1988 (c. 53) (evidence of blood alcohol level)--

(a) after "provided by" there shall be inserted "or taken from"; and

(b) after the word "provided", in the second place where it occurs, there shall be inserted "or taken".

(2) In subsection (3)(a) of that section (rebutting the assumption in subsection (2)), after "provided the specimen" there shall be inserted "or had it taken from him".

(3) In subsection (4) of that section (circumstances in which a specimen of blood is to be disregarded), for the words from "unless" to the end there shall be substituted " unless--

(a) it was taken from the accused with his consent and either--

(i) in a police station by a medical practitioner or a registered health care professional; or

(ii) elsewhere by a medical practitioner;

(b) it was taken from the accused by a medical practitioner under section 7A of the Road Traffic Act 1988 and the accused subsequently gave his permission for a laboratory test of the specimen. "

(4) After subsection (5) of that section, there shall be inserted--

" (5A) Where a specimen of blood was taken from the accused under section 7A of the Road Traffic Act 1988, evidence of the proportion of alcohol or any drug found in the specimen is not admissible on behalf of the prosecution unless--

(a) the specimen in which the alcohol or drug was found is one of two parts into which the specimen taken from the accused was divided at the time it was taken; and

(b) any request to be supplied with the other part which was made by the accused at the time when he gave his permission for a laboratory test of the specimen was complied with. "

(5) In subsection (1) of section 16 of that Act (documentary evidence as to specimens), after "15(5)" there shall be inserted "and (5A)".

(6) In subsection (2) of that section (documentary evidence as to consent), after the words "medical practitioner", in both places where they occur, there shall be inserted "or a registered health care professional".

58 Equivalent provision for offences connected with transport systems

(1) In subsection (6) of section 31 of the Transport and Works Act 1992 (c. 42) (constable to decide if specimen is of blood or urine), for the words from "shall be decided" onwards there shall be substituted "and, in the case of a specimen of blood, the question who is to be asked to take it shall be decided (subject to subsection (6A)) by the constable making the requirement".

(2) After that subsection there shall be inserted--

" (6A) Where a constable decides for the purposes of subsection (6) to require the provision of a specimen of blood, there shall be no requirement to provide such a specimen if--

(a) the medical practitioner who is asked to take the specimen is of the opinion that, for medical reasons, it cannot or should not be taken; or

(b) the registered health care professional who is asked to take it is of that opinion and there is no contrary opinion from a medical practitioner,

and, where by virtue of this subsection there can be no requirement to provide a specimen of blood, the constable may require a specimen of urine instead. "

(3) After subsection (9) of that section there shall be inserted--

" (9A) In this section "health care professional" means a person (other than a medical practitioner) who is--

(a) a registered nurse; or

(b) a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State.

(9B) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.

(9C) An order under subsection (9A)(b) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

(4) After section 31 of that Act there shall be inserted--

" 31A Specimens of blood taken from persons incapable of consenting

(1) A constable may make a request to a medical practitioner for him to take a specimen of blood from a person ("the person concerned") irrespective of whether that person consents if--

(a) that person is a person from whom the constable would (in the absence of any incapacity of that person and of any objection under section 33) be entitled under section 31 to require the provision of a specimen of blood for a laboratory test;

(b) it appears to that constable that that person has been involved in--

(i) an accident that constitutes or is comprised in the matter that is under investigation or the circumstances of that matter; or

(ii) a dangerous incident (within the meaning given by section 29(3)) that constitutes or is comprised in that matter or those circumstances;

(c) it appears to that constable that that person is or may be incapable (whether or not he has purported to do so) of giving a valid consent to the taking of a specimen of blood; and

(d) it appears to that constable that that person's incapacity is attributable to medical reasons.

(2) A request under this section--

(a) shall not be made to a medical practitioner who for the time being has any responsibility (apart from the request) for the clinical care of the person concerned; and

(b) shall not be made to a medical practitioner other than a police medical practitioner unless--

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15

-- Back --

Stat