Police and Criminal Evidence Act 1984 in Scotland
1984 c. 60 · Enacted 31 October 1984 · Extends to United Kingdom
An Act to make further provision in relation to the powers and duties of the police, persons in police detention, criminal evidence, police discipline and complaints against the police; to provide for arrangements for obtaining the views of the community on policing and for a rank of deputy chief constable; to amend the law relating to the Police Federations and Police Forces and Police Cadets in Scotland; and for connected purposes.
[31st October 1984]
C1C2C3C4C5C6C7Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C8C9C10C11C12
Annotations to the whole text
Modifications
- C1
By Criminal Justice Act 1991 (c.53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s.70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.
- C2
Act extended (15.4.1992) by S.I. 1992/975, art. 16(13).
Act extended (5.6.1992) by S.I. 1992/1302, art. 17(13).
Act extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 2(1)(a); and Act extended by the said S.I. 1993/1813, art. 6, Sch. 3 para. 2 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 3
Act amended (17.5.1996) by S.I. 1996/1296, art. 16(7)(a)
Act amended (16.6.2000) by S.I. 2000/1556, art. 17(12)
Act extended (temp.) (1.11.1997) by S.I. 1997/2592, arts. 1(2), 12(12)
- C3
Act: power to apply certain provisions (with modifications) conferred (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 13, 108(2)-(5), Sch. 3 Pt. 3 para. 19(6) (with s. 14(1)); S.I. 2002/2306, art. 4(e)
Act: power to apply certain provisions (with modifications) conferred (8.11.2006) by Armed Forces Act 2006 (c. 52), ss. 373(6), 383 (with s. 385)
- C4
Act applied (14.2.2000) by 1971 c. 77, s. 28D(5) (as inserted (14.2.2000) by 1999 c. 33, ss. 131; S.I. 2000/168, art. 2, Sch.)
Act applied (with modifications) (14.10.2002) by The Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002 (S.I. 2002/2326), art. 3(1)(b)
- C5
Act modified (11.2.2005) by The Ivory Coast (United Nations Sanctions) Order 2005 (S.I. 2005/253), art. 9(12)
Act modified (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 5(7)(b)(i)
Act applied (with modifications) (1.4.2006) by The Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006 (S.I. 2006/987), art. 3, Sch. 1
- C6
Act: certain provisions applied (with modifications) (1.12.2007) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2007 (S.I. 2007/3175), arts. 3-19, Schs. 1, 2 (as amended (19.3.2010) by (S.I. 2010/360), {art. 2})
- C7
Act: power to apply (with modifications) conferred (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), s. 23 (with s. 36(4))
- C8
Act applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), art. 12(5)-(8)
- C9
Act applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), art. 3(5)(6)
- C10
Act modified (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 176(6), 185(1) (with ss. 8, 21, 33, 42, 58, 75, 93, 176(8)); S.I. 2014/949, art. 3, Sch. para. 17
- C11
Act applied (with modifications) (4.8.2014) by The Crime and Courts Act 2013 (Application and Modification of Certain Enactments) Order 2014 (S.I. 2014/1704), art. 3, Sch. 1
- C12
Act applied in part (with modifications) (E.W.) (1.4.2018) by The Welsh Revenue Authority (Powers to Investigate Criminal Offences) Regulations 2018 (S.I. 2018/400), regs. 1(2), 3(3)(4)
Contents
- Part I: Powers to Stop and Search
- 6Statutory undertakers etc.
- 7Part I—supplementary
- 10Meaning of “items subject to legal privilege”.
- 11Meaning of “excluded material”.
- 12Meaning of “personal records”.
- 13Meaning of “journalistic material”.
- Entry and search without search warrant
- Supplementary
- 26Repeal of statutory powers of arrest without warrant or order.
- 28Information to be given on arrest.
- 29Voluntary attendance at police station etc.
- 30CBBail under section 30A: variation of conditions by court
- 31Arrest for further offence.
- 37CBreach of bail following release under section 37(7)(a)
- 45ZAFunctions of extending detention: use of live links
- 45ZBWarrants for further detention: use of live links
- 47ZZADuty to seek views of alleged victims on conditions of pre-charge bail
- 47ZALimits on period of bail without charge
- 47ZBApplicable bail period: initial limit
- 47ZCApplicable bail period: conditions A to D in sections 47ZD to 47ZG
- 47ZDApplicable bail period: extension of initial limit in standard cases
- 47ZDAApplicable bail period: further extension of limit in standard cases
- 47ZDBApplicable bail period: extension of limit in non-standard cases
- 47ZEApplicable bail period: extension of limit in designated cases
- 47ZFApplicable bail period: first extension of limit by court
- 47ZGApplicable bail period: subsequent extensions of limit by court
- 47ZHSections 47ZF and 47ZG: withholding sensitive information
- 47ZISections 47ZF to 47ZH: proceedings in magistrates’ court
- 47ZJSections 47ZF and 47ZG: late applications to magistrates’ court
- 47ZKRules
- 47ZLApplicable bail period and bail return date: special case of release on bail under section 37(7)(a) or 37C(2)(b)
- 47ZMApplicable bail period: special cases of release on bail under section 30A and periods in hospital
- 48Remands to police detention.
- 49Police detention to count towards custodial sentence.
- 50AInterpretation of references to pre-conditions for bail
- 50BGuidance from the College of Policing on pre-charge bail
- 53Abolition of certain powers of constables to search persons.
- 55AX-rays and ultrasound scans
- 57Additional rights of children and young persons.
- 59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 60AVisual recording of interviews
- 63AAInclusion of DNA profiles on National DNA Database
- 63ABNational DNA Database Strategy Board
- 63DDestruction of fingerprints and DNA profiles
- 63ERetention of section 63D material pending investigation or proceedings
- 63GRetention of section 63D material by virtue of section 63F(5): consent of Commissioner
- 63IRetention of material: persons convicted of a recordable offence
- 63LRetention of section 63D material: persons given a penalty notice
- 63ORetention of section 63D material with consent
- 63PARetention of further sets of fingerprints
- 63QDestruction of copies of section 63D material
- 63RDestruction of samples
- 63SDestruction of impressions of footwear
- 63TUse of retained material
- 64ZADestruction of samples Not yet in force
- 64ZBDestruction of data given voluntarily Not yet in force
- 64ZDDestruction of data relating to persons not convicted Not yet in force
- 64ZEDestruction of data relating to persons under 18 not convicted: recordable offences other than qualifying offences Not yet in force
- 64ZFDestruction of data relating to persons under 16 not convicted: qualifying offences Not yet in force
- 64ZGDestruction of data relating to persons aged 16 or 17 not convicted: qualifying offences Not yet in force
- 64ZHDestruction of data relating to persons under 18 convicted of a recordable offence other than a qualifying offence Not yet in force
- 64ZJDestruction of fingerprints taken under section 61(6A) Not yet in force
- 64ZKRetention for purposes of national security Not yet in force
- 64ZLRetention with consent Not yet in force
- 64ZMDestruction of copies, and notification of destruction Not yet in force
- 64ZNUse of retained material Not yet in force
- 65BPersons convicted of an offence”
- Part VII: Documentary Evidence in Criminal Proceedings
- 68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 71Microfilm copies.
- 72Part VII—supplementary.
- Part VIII: Evidence in Criminal Proceedings—General
- Convictions and acquittals
- 73Proof of convictions and acquittals.
- 74Conviction as evidence of commission of offence.
- 75Provisions supplementary to section 74.
- Confessions
- 76Confessions.
- 76AConfessions may be given in evidence for co-accused
- 77Confessions by mentally handicapped persons.
- Miscellaneous
- 78Exclusion of unfair evidence.
- 79Time for taking accused’s evidence.
- 80Competence and compellability of accused’s spouse or civil partner.
- 80ARule where accused’s spouse or civil partner not compellable.
- 81Advance notice of expert evidence in Crown Court.
- Part VIII—supplementary
- 82Part VIII— interpretation.
- Part IX: Police Complaints and Discipline
- The Police Complaints Authority
- 83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Part X: Police—General
- 108Deputy chief constables. Repealed
- 110Functions of special constables in Scotland. Repealed
- 111Regulations for Police Forces and Police Cadets—Scotland.
- 112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- Part XI: Miscellaneous and Supplementary
- 113Application of Act to Armed Forces.
- 114Application of Act to Revenue and Customs
- 114ZAApplication of Act to Welsh Revenue Authority
- 114BApplication of Act to labour abuse prevention officers enforcement officers
- 115Expenses.
- 118General interpretation.
- 119Amendments and repeals.
- 120Extent.
- 121Commencement.
- 122Short title.
- Part 1: Fingerprinting
- Persons arrested and released
- Persons charged etc
- Persons convicted etc of an offence in England and Wales
- Persons subject to a control order
- Persons convicted etc of an offence outside England and Wales
- 5Paragraph 5 Not yet in force
- Multiple attendance
- 6Paragraph 6 Not yet in force
- Part 2: Intimate samples
- Persons suspected to be involved in an offence
- 7Paragraph 7 Not yet in force
- Persons convicted etc of an offence outside England and Wales
- 8Paragraph 8 Not yet in force
- Part 3: Non-intimate samples
- Persons arrested and released
- Persons charged etc
- Persons convicted etc of an offence in England and Wales
- Persons subject to a control order
- Persons convicted etc of an offence outside England and Wales Not yet in force
- 13Paragraph 13 Not yet in force
- Multiple exercise of power Not yet in force
- 14Paragraph 14 Not yet in force
- Part 3A: Photographs
- 14APersons arrested and released
- 14BPersons charged etc.
- 14CPersons convicted of an offence etc. in England and Wales
- 14DPersons convicted of an offence etc. outside England and Wales
- 14EMultiple exercise of power
- Part 4: General and supplementary
- Requirement to have power to take fingerprints , sample or photograph Not yet in force
- 15Paragraph 15 Not yet in force
- Date and time of attendance Not yet in force
- Enforcement Not yet in force
- 17Paragraph 17 Not yet in force
- Schedule 2B: Testing for controlled drugs: trigger offences
- 1Common law offences
- 2Common law offences
- 3Offences against the Person Act 1861
- 4Children and Young Persons Act 1933
- 5Prevention of Crime Act 1953
- 6Restriction of Offensive Weapons Act 1959
- 7Theft Act 1968, etc
- 8Theft Act 1968, etc
- 9Misuse of Drugs Act 1971
- 10Criminal Damage Act 1971
- 11Public Order Act 1986
- 12Criminal Justice Act 1988
- 13Road Traffic Act 1988
- 14Football (Offences) Act 1991
- 15Protection from Harassment Act 1997
- 16Crime and Disorder Act 1998
- 17Criminal Justice and Police Act 2001
- 18Sexual Offences Act 2003
- 19Serious Crime Act 2015
- Schedule 3
- Part I: Provisions Supplementary to Section 68
- Part II: Provisions Supplementary to Section 69
- 8Paragraph 8
- 9Paragraph 9
- 11Paragraph 11
- 12Paragraph 12
- Part III: Provisions Supplementary to Sections 68 and 69
- 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 14Paragraph 14
- 15Paragraph 15
- Schedule 4
- Part I: General
- Staff
- 7Paragraph 7
- 8Paragraph 8
- Schedule 6: Minor and Consequential Amendments
- Game Act 1831 (c. 32)
- 1Paragraph 1
- Metropolitan Police Act 1839 (c. 47)
- 2Paragraph 2
- Railway Regulation Act 1840 (c. 97)
- 3Paragraph 3
- London Hackney Carriages Act 1843 (c. 86)
- 4Paragraph 4
- Town Gardens Protection Act 1863 (c. 13)
- 5Paragraph 5
- Parks Regulation Act 1872 (c. 15)
- 6Paragraph 6
- Dogs (Protection of Livestock) Act 1953 (c. 28)
- 7Paragraph 7
- Army Act 1955 (c. 18)Air Force Act 1955 (c. 19)
- Sexual Offences Act 1956 (c. 69)
- Game Laws (Amendment) Act 1960 (c. 36)
- 10Paragraph 10
- 11Paragraph 11
- Betting, Gaming and Lotteries Act 1963 (c. 2)
- Deer Act 1963 (c. 36)
- Police Act 1964 (c. 48)
- 16Paragraph 16 Repealed
- Criminal Law Act 1967 (c. 58)
- Theatres Act 1968 (c. 54)
- 18Paragraph 18
- Children and Young Persons Act 1969 (c. 54)
- Immigration Act 1971 (c. 77)
- 20Paragraph 20
- Criminal Justice Act 1972 (c. 71)
- 21Paragraph 21
- Deer Act 1980 (c. 49)
- Animal Health Act 1981 (c. 22)
- 24Paragraph 24
- Wildlife and Countryside Act 1981 (c. 69)
- 25Paragraph 25
- Mental Health Act 1983 (c. 20)
- 26Paragraph 26
- 27Paragraph 27 Repealed
- Part II: Other Amendments
- Army Act 1955 (c. 18)
- 28Paragraph 28 Repealed
- Air Force Act 1955 (c. 19)
- 29Paragraph 29 Repealed
- Police (Scotland) Act 1967 (c. 77)
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- Courts-Martial (Appeals) Act 1968 (c. 20)
- 34Paragraph 34 Repealed
- House of Commons Disqualification Act 1975 (c. 24)Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- 35Paragraph 35
- Armed Forces Act 1976 (c. 52)
- 36Paragraph 36 Repealed
- Customs and Excise Management Act 1979 (c. 2)
- 37Paragraph 37
- 38Paragraph 38
- Betting and Gaming Duties Act 1981 (c. 63)
- 39Paragraph 39
- Car Tax Act 1983 (c. 53)
- 40Paragraph 40 Repealed
- Value Added Tax Act 1983 (c. 55)
- 41Paragraph 41 Repealed
- Schedule 7: Repeals
- IEnactments Repealed in Consequence of Parts I to V
- IIEnactments Repealed in Relation to Criminal Proceedings in Consequence of Part VII
- IIIEnactments Repealed Generally in Consequence of Part VII
- IVEnactments Repealed in Relation to Criminal Proceedings in Consequence of Part VIII
- VEnactments Repealed Generally in Consequence of Part VIII
- VIMiscellaneous Repeals