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The Crime and Security Act 2010 (Commencement No.3) Order 2011

S.I. 2011/414 · Made 14 February 2011

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Police, England And Wales

Made 14th February 2011

The Secretary of State makes the following Order in exercise of the powers conferred by section 59(1) of the Crime and Security Act 2010f1:

Annotations to the whole text

Footnotes

f1

2010 c.17.

Contents

  1. 1Citation
  2. 2Commencement
  3. Signature
  4. Explanatory note

1Citation

This Order may be cited as the Crime and Security Act 2010 (Commencement No.3) Order 2011.

2Commencement

The day appointed for the coming into force of the following provisions in the Crime and Security Act 2010 is 7th March 2011—

(a)

section 1 (records of searches);

(b)

sections 2 to 5 (taking of fingerprints and samples: England and Wales);

(c)

section 6(1) (power to require attendance at a police station);

(d)

section 6(2), insofar as it inserts Schedule 2A, other than paragraphs 4 and 12, into the Police and Criminal Evidence Act 1984f1;

(e)

section 6(3) and (4); and

(f)

section 7 (definition of “qualifying offence”).

Signature

Nick Herbert

Minister of State

Home Office

14th February 2011

Explanatory note

(This note is not part of the Order)

This Order brings into force on 7th March 2011 section 1 of the Crime and Security Act 2010. Section 1 amends section 3 of the Police and Criminal Evidence Act 1984 (c.60). The amendment reduces the amount of information that must be recorded following a stop and search encounter.

On the same date, this Order brings into force sections 2 to 7 of the Act. These provisions amend Part 5 of the Police and Criminal Evidence Act 1984 (questioning and treatment of persons by police).

Section 2 confers enhanced powers to take fingerprints and DNA samples. Section 3 creates similar powers in relation to qualifying offences committed outside England and Wales. Section 4 specifies the information that must be given on the taking of the material. Section 5 enables the police to use these fingerprints or samples to conduct speculative searches. Section 6 (which is commenced in part only) confers a power to require attendance at a police station for the purpose of taking fingerprints or samples. Section 7 sets out which offences fall within the definition of “qualifying offence.”