The Police and Criminal Evidence Act 1984 (Amendment: Qualifying Offences) Order 2013

S.I. 2013/2774 · Made 28 October 2013

Police, England And Wales

Made 28th October 2013

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the power conferred by section 65A(3) of the Police and Criminal Evidence Act 1984^f1.

In accordance with section 65A(4) of that Act, a draft of this Order was laid before Parliament and was approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1: 1984 c. 60; section 65A was inserted by section 7 of the Crime and Security Act 2010 (c. 17).

1Citation and commencement
2Amendment of the Police and Criminal Evidence Act 1984
Signature
Explanatory note

1Citation and commencement

This Order may be cited as the Police and Criminal Evidence Act 1984 (Amendment: Qualifying Offences) Order 2013 and comes into force on the fourteenth day after the day on which it is made.

2Amendment of the Police and Criminal Evidence Act 1984

(1)

Section 65A(2) of the Police and Criminal Evidence Act 1984 (qualifying offences) is amended as follows.

(2)

After paragraph (d) insert—

“(da)
an offence of indecent exposure;

(db)
an offence under section 4 of the Vagrancy Act 1824^f1, committed by a person by wilfully, openly, lewdly, and obscenely exposing his person with intent to insult any female;

(dc)
an offence under section 28 of the Town Police Clauses Act 1847^f2, committed by a person by wilfully and indecently exposing his person;”.

(3)

After paragraph (f) insert—

“(fa)
an offence under section 1 of the Infant Life (Preservation) Act 1929^f3;”.

(4)

After paragraph (g) insert—

“(ga)
an offence under section 1 of the Infanticide Act 1938^f4;

(gb)
an offence under section 12 or 13 of the Sexual Offences Act 1956^f5, other than an offence committed by a person where the other person involved in the conduct constituting the offence consented to it and was aged 16 or over;

(gc)
an offence under any other section of that Act, other than sections 18 and 32;

(gd)
an offence under section 128 of the Mental Health Act 1959^f6;

(ge)
an offence under section 1 of the Indecency with Children Act 1960^f7;”.

(5)

After paragraph (h) insert—

“(ha)
an offence under section 5 of the Sexual Offences Act 1967^f8;”.

(6)

After paragraph (j) insert—

“(ja)
an offence under section 1(1) of the Genocide Act 1969^f9;”.

(7)

After paragraph (k) insert—

“(ka)
an offence under section 54 of the Criminal Law Act 1977^f10;”.

(8)

After paragraph (n) insert—

“(na)
an offence under section 1 of the Prohibition of Female Circumcision Act 1985^f11;

(nb)
an offence under section 1 of the Public Order Act 1986^f12;”.

(9)

After paragraph (o) insert—

“(oa)
an offence under section 3 of the Sexual Offences (Amendment) Act 2000^f13;

(ob)
an offence under section 51 of the International Criminal Court Act 2001^f14;

(oc)
an offence under section 1, 2 or 3 of the Female Genital Mutilation Act 2003^f15;”.

Signature

Taylor of Holbeach

Parliamentary Under-Secretary of State

Home Office

28th October 2013

This Order adds various offences to the list of “qualifying offences” in section 65A of the Police and Criminal Evidence Act 1984. Under Part 5 of that Act, designation of an offence as a “qualifying offence” has implications for the circumstances in which a constable can require a person convicted of the offence to attend at a police station for the purpose of taking his fingerprints or a non-intimate sample, and has implications for the period for which such a person’s fingerprints or sample can be retained.