OpenLegislation

Section 16 Extension of statutory search powers in England and Wales and Northern IrelandI1C1

(1)

Part 2 of the Police and Criminal Evidence Act 1984 (c. 60) (powers of entry, search and seizure) is to have effect as if references to F1 indictable offences in section 8 of, and Schedule 1 to, that Act included any conduct which—

(a)

constitutes an offence under the law of a country outside the United Kingdom, and

(b)

would, if it occurred in England and Wales, constitute F2 an indictable offence .

(2)

But an application for a warrant or order by virtue of subsection (1) may be made only—

(a)

in pursuance of a direction given under section 13, or

(b)

if it is an application for a warrant or order under section 8 of, or Schedule 1 to, that Act by a constable for the purposes of an investigation by an international joint investigation team of which he is a member.

(3)

Part 3 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/ 1341 (N.I.12)) (powers of entry, search and seizure) is to have effect as if references to F3 serious arrestable offences indictable offences in Article 10 of, and Schedule 1 to, that Order included any conduct which—

(a)

constitutes an offence under the law of a country outside the United Kingdom, and

(b)

would, if it occurred in Northern Ireland, constitute F4 a serious arrestable offence an indictable offence .

(4)

But an application for a warrant or order by virtue of subsection (3) may be made only—

(a)

in pursuance of a direction given under section 13, or

(b)

if it is an application for a warrant or order under Article 10 of, or Schedule 1 to, that Order, by a constable for the purposes of an investigation by an international joint investigation team of which he is a member.

(5)

In this section, “international joint investigation team” has the meaning given by section 88(7) of the Police Act 1996 (c. 16).

Annotations

Textual amendments

F1

Words in s. 16(1) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 7 para. 51(2)(a); S.I. 2005/3495, art. 2(1)(m)

F2

Words in s. 16(1)(b) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 7 para. 51(2)(b); S.I. 2005/3495, art. 2(1)(m)

F3

Words in s. 16(3) substituted (N.I.) (1.3.2007) by The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288), art. 1(2), Sch. 1 para. 37(1)(a)

F4

Words in s. 16(3)(b) substituted (N.I.) (1.3.2007) by The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288), art. 1(2), Sch. 1 para. 37(1)(b)

Modifications

C1

S. 16 functions of a constable made exercisable by a customs officer (E.W.N.I.) (23.3.2005) by Crime (International Co-operation) Act 2003 (Exercise of Functions) Order 2005 (S.I. 2005/425), arts. 1(1), 9, 12

Commencement

I1

S. 16 in force at 26.4.2004 by S.I. 2004/786, art. 3