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Criminal Justice and Public Order Act 1994 (c. 33)(The document as of February, 2008) Page 4 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 | P.16 | P.17 (4) After subsection (8), there shall be inserted the following subsection-- " (8A) In a case where by virtue of subsection (3A) or (3B) a sample is taken from a person without the appropriate consent-- (a) he shall be told the reason before the sample is taken; and (b) the reason shall be recorded as soon as practicable after the sample is taken. " . (5) In subsection (9), after the words "subsection (8)" there shall be inserted the words "or (8A)". (6) After subsection (9) there shall be inserted the following subsection-- " (10) Subsection (3B) above shall not apply to persons convicted before the date on which that subsection comes into force. " . 56 Fingerprints and samples: supplementary provisionsThe following section shall be inserted after section 63 of the [1984 c. 60.] Police and Criminal Evidence Act 1984-- " 63A Fingerprints and samples: supplementary provisions(1) Fingerprints or samples or the information derived from samples taken under any power conferred by this Part of this Act from a person who has been arrested on suspicion of being involved in a recordable offence may be checked against other fingerprints or samples or the information derived from other samples contained in records held by or on behalf of the police or held in connection with or as a result of an investigation of an offence. (2) Where a sample of hair other than pubic hair is to be taken the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample. (3) Where any power to take a sample is exercisable in relation to a person the sample may be taken in a prison or other institution to which the [1952 c. 52.] Prison Act 1952 applies. (4) Any constable may, within the allowed period, require a person who is neither in police detention nor held in custody by the police on the authority of a court to attend a police station in order to have a sample taken where-- (a) the person has been charged with a recordable offence or informed that he will be reported for such an offence and either he has not had a sample taken from him in the course of the investigation of the offence by the police or he has had a sample so taken from him but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient; or (b) the person has been convicted of a recordable offence and either he has not had a sample taken from him since the conviction or he has had a sample taken from him (before or after his conviction) but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient. (5) The period allowed for requiring a person to attend a police station for the purpose specified in subsection (4) above is-- (a) in the case of a person falling within paragraph (a), one month beginning with the date of the charge or one month beginning with the date on which the appropriate officer is informed of the fact that the sample is not suitable for the same means of analysis or has proved insufficient, as the case may be; (b) in the case of a person falling within paragraph (b), one month beginning with the date of the conviction or one month beginning with the date on which the appropriate officer is informed of the fact that the sample is not suitable for the same means of analysis or has proved insufficient, as the case may be. (6) A requirement under subsection (4) above-- (a) shall give the person at least 7 days within which he must so attend; and (b) may direct him to attend at a specified time of day or between specified times of day. (7) Any constable may arrest without a warrant a person who has failed to comply with a requirement under subsection (4) above. (8) In this section "the appropriate officer" is-- (a) in the case of a person falling within subsection (4)(a), the officer investigating the offence with which that person has been charged or as to which he was informed that he would be reported; (b) in the case of a person falling within subsection (4)(b), the officer in charge of the police station from which the investigation of the offence of which he was convicted was conducted. " . 57 Retention of samples in certain cases(1) Section 64 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (which prescribes the situations in which fingerprints and samples must be destroyed) shall be amended as follows. (2) In subsections (1), (2) and (3), after the words "they must" there shall be inserted the words ", except as provided in subsection (3A) below,". (3) After subsection (3), there shall be inserted the following subsections-- " (3A) Samples which are required to be destroyed under subsection (1), (2) or (3) above need not be destroyed if they were taken for the purpose of the same investigation of an offence of which a person from whom one was taken has been convicted, but the information derived from the sample of any person entitled (apart from this subsection) to its destruction under subsection (1), (2) or (3) above shall not be used-- (a) in evidence against the person so entitled; or (b) for the purposes of any investigation of an offence. (3B) Where samples are required to be destroyed under subsections (1), (2) or (3) above, and subsection (3A) above does not apply, information derived from the sample of any person entitled to its destruction under subsection (1), (2) or (3) above shall not be used-- (a) in evidence against the person so entitled; or (b) for the purposes of any investigation of an offence. " . 58 Samples: intimate and non-intimate etc(1) Section 65 of the Police and Criminal Evidence Act 1984 (which contains definitions of intimate and non-intimate samples and other relevant definitions) shall be amended as follows. (2) For the definition of "intimate sample" there shall be substituted-- " "intimate sample" means-- (a) a sample of blood, semen or any other tissue fluid, urine or pubic hair; (b) a dental impression; (c) a swab taken from a person's body orifice other than the mouth; " . (3) For the definition of "non-intimate sample" there shall be substituted-- " "non-intimate sample" means-- (a) a sample of hair other than pubic hair; (b) a sample taken from a nail or from under a nail; (c) a swab taken from any part of a person's body including the mouth but not any other body orifice; (d) saliva; (e) a footprint or a similar impression of any part of a person's body other than a part of his hand; " . (4) After the definition of "non-intimate sample" there shall be inserted the following definitions-- " "registered dentist" has the same meaning as in the [1984 c. 24.] Dentists Act 1984; "speculative search", in relation to a person's fingerprints or samples, means such a check against other fingerprints or samples or against information derived from other samples as is referred to in section 63A(1) above; "sufficient" and "insufficient", in relation to a sample, means sufficient or insufficient (in point of quantity or quality) for the purpose of enabling information to be produced by the means of analysis used or to be used in relation to the sample. " . 59 Extension of powers to search persons' mouths(1) In section 65 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (definitions for purposes of Part V: treatment of persons by police), after the definition of "intimate sample" there shall be inserted the following definition-- " "intimate search" means a search which consists of the physical examination of a person's body orifices other than the mouth; " . (2) In section 32 of that Act (powers of search upon arrest), in subsection (4), at the end, there shall be inserted "but they do authorise a search of a person's mouth". Powers of police to stop and search60 Powers to stop and search in anticipation of violence(1) Where a police officer of or above the rank of superintendent reasonably believes that-- (a) incidents involving serious violence may take place in any locality in his area, and (b) it is expedient to do so to prevent their occurrence, he may give an authorisation that the powers to stop and search persons and vehicles conferred by this section shall be exercisable at any place within that locality for a period not exceeding twenty four hours. (2) The power conferred by subsection (1) above may be exercised by a chief inspector or an inspector if he reasonably believes that incidents involving serious violence are imminent and no superintendent is available. (3) If it appears to the officer who gave the authorisation or to a superintendent that it is expedient to do so, having regard to offences which have, or are reasonably suspected to have, been committed in connection with any incident falling within the authorisation, he may direct that the authorisation shall continue in being for a further six hours. (4) This section confers on any constable in uniform power-- (a) to stop any pedestrian and search him or anything carried by him for offensive weapons or dangerous instruments; (b) to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments. (5) A constable may, in the exercise of those powers, stop any person or vehicle and make any search he thinks fit whether or not he has any grounds for suspecting that the person or vehicle is carrying weapons or articles of that kind. (6) If in the course of a search under this section a constable discovers a dangerous instrument or an article which he has reasonable grounds for suspecting to be an offensive weapon, he may seize it. (7) This section applies (with the necessary modifications) to ships, aircraft and hovercraft as it applies to vehicles. (8) A person who fails to stop or (as the case may be) to stop the vehicle when required to do so by a constable in the exercise of his powers under this section 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 both. (9) Any authorisation under this section shall be in writing signed by the officer giving it and shall specify the locality in which and the period during which the powers conferred by this section are exercisable and a direction under subsection (3) above shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so. (10) Where a vehicle is stopped by a constable under this section, the driver shall be entitled to obtain a written statement that the vehicle was stopped under the powers conferred by this section if he applies for such a statement not later than the end of the period of twelve months from the day on which the vehicle was stopped and similarly as respects a pedestrian who is stopped and searched under this section. (11) In this section--
(12) The powers conferred by this section are in addition to and not in derogation of, any power otherwise conferred. Part V Public Order: Collective Trespass or Nuisance on LandPowers to remove trespassers on land61 Power to remove trespassers on land(1) If the senior police officer present at the scene reasonably believes that two or more persons are trespassing on land and are present there with the common purpose of residing there for any period, that reasonable steps have been taken by or on behalf of the occupier to ask them to leave and-- (a) that any of those persons has caused damage to the land or to property on the land or used threatening, abusive or insulting words or behaviour towards the occupier, a member of his family or an employee or agent of his, or (b) that those persons have between them six or more vehicles on the land, he may direct those persons, or any of them, to leave the land and to remove any vehicles or other property they have with them on the land. (2) Where the persons in question are reasonably believed by the senior police officer to be persons who were not originally trespassers but have become trespassers on the land, the officer must reasonably believe that the other conditions specified in subsection (1) are satisfied after those persons became trespassers before he can exercise the power conferred by that subsection. (3) A direction under subsection (1) above, if not communicated to the persons referred to in subsection (1) by the police officer giving the direction, may be communicated to them by any constable at the scene. (4) If a person knowing that a direction under subsection (1) above has been given which applies to him-- (a) fails to leave the land as soon as reasonably practicable, or (b) having left again enters the land as a trespasser within the period of three months beginning with the day on which the direction was given, he commits an offence and is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both. (5) A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant. (6) In proceedings for an offence under this section it is a defence for the accused to show-- (a) that he was not trespassing on the land, or (b) that he had a reasonable excuse for failing to leave the land as soon as reasonably practicable or, as the case may be, for again entering the land as a trespasser. (7) In its application in England and Wales to common land this section has effect as if in the preceding subsections of it-- (a) references to trespassing or trespassers were references to acts and persons doing acts which constitute either a trespass as against the occupier or an infringement of the commoners' rights; and (b) references to "the occupier" included the commoners or any of them or, in the case of common land to which the public has access, the local authority as well as any commoner. (8) Subsection (7) above does not-- (a) require action by more than one occupier; or (b) constitute persons trespassers as against any commoner or the local authority if they are permitted to be there by the other occupier. (9) In this section--
(a) buildings other than-- (i) agricultural buildings within the meaning of, in England and Wales, paragraphs 3 to 8 of Schedule 5 to the [1988 c. 41.] Local Government Finance Act 1988 or, in Scotland, section 7(2) of the [1956 c. 60.] Valuation and Rating (Scotland) Act 1956, or (ii) scheduled monuments within the meaning of the [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979; (b) land forming part of-- (i) a highway unless it falls within the classifications in section 54 of the [1981 c. 69.] Wildlife and Countryside Act 1981 (footpath, bridleway or byway open to all traffic or road used as a public path) or is a cycle track under the [1980 c. 66.] Highways Act 1980 or the [1984 c. 38.] Cycle Tracks Act 1984; or (ii) a road within the meaning of the [1984 c. 54.] Roads (Scotland) Act 1984 unless it falls within the definitions in section 151(2)(a)(ii) or (b) (footpaths and cycle tracks) of that Act or is a bridleway within the meaning of section 47 of the [1967 c. 86.] Countryside (Scotland) Act 1967;
(a) in England and Wales, the person entitled to possession of the land by virtue of an estate or interest held by him; and (b) in Scotland, the person lawfully entitled to natural possession of the land;
(a) in England and Wales, property within the meaning of section 10(1) of the [1971 c. 48.] Criminal Damage Act 1971; and (b) in Scotland, either-- (i) heritable property other than land; or (ii) corporeal moveable property, and "damage" includes the deposit of any substance capable of polluting the land;
(a) any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle; and (b) a caravan as defined in section 29(1) of the [1960 c. 62.] Caravan Sites and Control of Development Act 1960; and a person may be regarded for the purposes of this section as having a purpose of residing in a place notwithstanding that he has a home elsewhere. 62 Supplementary powers of seizure(1) If a direction has been given under section 61 and a constable reasonably suspects that any person to whom the direction applies has, without reasonable excuse-- (a) failed to remove any vehicle on the land which appears to the constable to belong to him or to be in his possession or under his control; or (b) entered the land as a trespasser with a vehicle within the period of three months beginning with the day on which the direction was given, the constable may seize and remove that vehicle. (2) In this section, "trespasser" and "vehicle" have the same meaning as in section 61. Powers in relation to raves63 Powers to remove persons attending or preparing for a rave(1) This section applies to a gathering on land in the open air of 100 or more persons (whether or not trespassers) at which amplified music is played during the night (with or without intermissions) and is such as, by reason of its loudness and duration and the time at which it is played, is likely to cause serious distress to the inhabitants of the locality; and for this purpose-- (a) such a gathering continues during intermissions in the music and, where the gathering extends over several days, throughout the period during which amplified music is played at night (with or without intermissions); and (b) "music" includes sounds wholly or predominantly characterised by the emission of a succession of repetitive beats. (2) If, as respects any land in the open air, a police officer of at least the rank of superintendent reasonably believes that-- (a) two or more persons are making preparations for the holding there of a gathering to which this section applies, (b) ten or more persons are waiting for such a gathering to begin there, or (c) ten or more persons are attending such a gathering which is in progress, he may give a direction that those persons and any other persons who come to prepare or wait for or to attend the gathering are to leave the land and remove any vehicles or other property which they have with them on the land. (3) A direction under subsection (2) above, if not communicated to the persons referred to in subsection (2) by the police officer giving the direction, may be communicated to them by any constable at the scene. (4) Persons shall be treated as having had a direction under subsection (2) above communicated to them if reasonable steps have been taken to bring it to their attention. (5) A direction under subsection (2) above does not apply to an exempt person. (6) If a person knowing that a direction has been given which applies to him-- (a) fails to leave the land as soon as reasonably practicable, or (b) having left again enters the land within the period of 7 days beginning with the day on which the direction was given, he commits an offence and is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both. (7) In proceedings for an offence under this section it is a defence for the accused to show that he had a reasonable excuse for failing to leave the land as soon as reasonably practicable or, as the case may be, for again entering the land. (8) A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant. (9) This section does not apply-- (a) in England and Wales, to a gathering licensed by an entertainment licence; or (b) in Scotland, to a gathering in premises which, by virtue of section 41 of the [1982 c. 45.] Civic Government (Scotland) Act 1982, are licensed to be used as a place of public entertainment. (10) In this section--
(a) Schedule 12 to the [1963 c. 33.] London Government Act 1963; (b) section 3 of the [1967 c. 19.] Private Places of Entertainment (Licensing) Act 1967; or (c) Schedule 1 to the [1982 c. 30.] Local Government (Miscellaneous Provisions) Act 1982;
(a) in Greater London, a London borough council or the Common Council of the City of London; (b) in England outside Greater London, a district council or the council of the Isles of Scilly; (c) in Wales, a county council or county borough council; and
(11) Until 1st April 1996, in this section "local authority" means, in Wales, a district council. 64 Supplementary powers of entry and seizure(1) If a police officer of at least the rank of superintendent reasonably believes that circumstances exist in relation to any land which would justify the giving of a direction under section 63 in relation to a gathering to which that section applies he may authorise any constable to enter the land for any of the purposes specified in subsection (2) below. (2) Those purposes are-- (a) to ascertain whether such circumstances exist; and (b) to exercise any power conferred on a constable by section 63 or subsection (4) below. (3) A constable who is so authorised to enter land for any purpose may enter the land without a warrant. (4) If a direction has been given under section 63 and a constable reasonably suspects that any person to whom the direction applies has, without reasonable excuse-- (a) failed to remove any vehicle or sound equipment on the land which appears to the constable to belong to him or to be in his possession or under his control; or (b) entered the land as a trespasser with a vehicle or sound equipment within the period of 7 days beginning with the day on which the direction was given, the constable may seize and remove that vehicle or sound equipment. (5) Subsection (4) above does not authorise the seizure of any vehicle or sound equipment of an exempt person. (6) In this section--
65 Raves: power to stop persons from proceeding(1) If a constable in uniform reasonably believes that a person is on his way to a gathering to which section 63 applies in relation to which a direction under section 63(2) is in force, he may, subject to subsections (2) and (3) below-- (a) stop that person, and (b) direct him not to proceed in the direction of the gathering. (2) The power conferred by subsection (1) above may only be exercised at a place within 5 miles of the boundary of the site of the gathering. (3) No direction may be given under subsection (1) above to an exempt person. (4) If a person knowing that a direction under subsection (1) above has been given to him fails to comply with that direction, he commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (5) A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant. (6) In this section, "exempt person" has the same meaning as in section 63. 66 Power of court to forfeit sound equipment(1) Where a person is convicted of an offence under section 63 in relation to a gathering to which that section applies and the court is satisfied that any sound equipment which has been seized from him under section 64(4), or which was in his possession or under his control at the relevant time, has been used at the gathering the court may make an order for forfeiture under this subsection in respect of that property. (2) The court may make an order under subsection (1) above whether or not it also deals with the offender in respect of the offence in any other way and without regard to any restrictions on forfeiture in any enactment. (3) In considering whether to make an order under subsection (1) above in respect of any property a court shall have regard-- (a) to the value of the property; and (b) to the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making). (4) An order under subsection (1) above shall operate to deprive the offender of his rights, if any, in the property to which it relates, and the property shall (if not already in their possession) be taken into the possession of the police. (5) Except in a case to which subsection (6) below applies, where any property has been forfeited under subsection (1) above, a magistrates' court may, on application by a claimant of the property, other than the offender from whom it was forfeited under subsection (1) above, make an order for delivery of the property to the applicant if it appears to the court that he is the owner of the property. (6) In a case where forfeiture under subsection (1) above has been by order of a Scottish court, a claimant such as is mentioned in subsection (5) above may, in such manner as may be prescribed by act of adjournal, apply to that court for an order for the return of the property in question. (7) No application shall be made under subsection (5), or by virtue of subsection (6), above by any claimant of the property after the expiration of 6 months from the date on which an order under subsection (1) above was made in respect of the property. (8) No such application shall succeed unless the claimant satisfies the court either that he had not consented to the offender having possession of the property or that he did not know, and had no reason to suspect, that the property was likely to be used at a gathering to which section 63 applies. (9) An order under subsection (5), or by virtue of subsection (6), above shall not affect the right of any person to take, within the period of 6 months from the date of an order under subsection (5), or as the case may be by virtue of subsection (6), above, proceedings for the recovery of the property from the person in possession of it in pursuance of the order, but on the expiration of that period the right shall cease. (10) The Secretary of State may make regulations for the disposal of property, and for the application of the proceeds of sale of property, forfeited under subsection (1) above where no application by a claimant of the property under subsection (5), or by virtue of subsection (6), above has been made within the period specified in subsection (7) above or no such application has succeeded. (11) The regulations may also provide for the investment of money and for the audit of accounts. (12) The power to make regulations under subsection (10) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (13) In this section--
Retention and charges for seized property67 Retention and charges for seized property(1) Any vehicles which have been seized and removed by a constable under section 62(1) or 64(4) may be retained in accordance with regulations made by the Secretary of State under subsection (3) below. (2) Any sound equipment which has been seized and removed by a constable under section 64(4) may be retained until the conclusion of proceedings against the person from whom it was seized for an offence under section 63. (3) The Secretary of State may make regulations-- (a) regulating the retention and safe keeping and the disposal and the destruction in prescribed circumstances of vehicles; and (b) prescribing charges in respect of the removal, retention, disposal and destruction of vehicles. (4) Any authority shall be entitled to recover from a person from whom a vehicle has been seized such charges as may be prescribed in respect of the removal, retention, disposal and destruction of the vehicle by the authority. (5) Regulations under subsection (3) above may make different provisions for different classes of vehicles or for different circumstances. (6) Any charges under subsection (4) above shall be recoverable as a simple contract debt. (7) Any authority having custody of vehicles under regulations under subsection (3) above shall be entitled to retain custody until any charges under subsection (4) are paid. (8) The power to make regulations under subsection (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (9) In this section--
Disruptive trespassers68 Offence of aggravated trespass(1) A person commits the offence of aggravated trespass if he trespasses on land in the open air and, in relation to any lawful activity which persons are engaging in or are about to engage in on that or adjoining land in the open air, does there anything which is intended by him to have the effect-- (a) of intimidating those persons or any of them so as to deter them or any of them from engaging in that activity, (b) of obstructing that activity, or (c) of disrupting that activity. (2) Activity on any occasion on the part of a person or persons on land is "lawful" for the purposes of this section if he or they may engage in the activity on the land on that occasion without committing an offence or trespassing on the land. (3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both. (4) A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant. (5) In this section "land" does not include-- (a) the highways and roads excluded from the application of section 61 by paragraph (b) of the definition of "land" in subsection (9) of that section; or (b) a road within the meaning of the [S.I. 1993/3160 (N.I. 15).] Roads (Northern Ireland) Order 1993. 69 Powers to remove persons committing or participating in aggravated trespass(1) If the senior police officer present at the scene reasonably believes-- (a) that a person is committing, has committed or intends to commit the offence of aggravated trespass on land in the open air; or (b) that two or more persons are trespassing on land in the open air and are present there with the common purpose of intimidating persons so as to deter them from engaging in a lawful activity or of obstructing or disrupting a lawful activity, he may direct that person or (as the case may be) those persons (or any of them) to leave the land. (2) A direction under subsection (1) above, if not communicated to the persons referred to in subsection (1) by the police officer giving the direction, may be communicated to them by any constable at the scene. (3) If a person knowing that a direction under subsection (1) above has been given which applies to him-- 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 | P.16 | P.17 -- Back --
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