Section 107 Police officers performing duties of higher rank.C4C1
England and Wales
For the purpose of any provision of this Act or any other Act under which a power in respect of the investigation of offences or the treatment of persons in police custody is exercisable only by or with the authority of a police officer of at least the rank of superintendent, an officer of the rank of chief inspector shall be treated as holding the rank of superintendent if
he has been authorised by an officer holding a rank above the rank of superintendent to exercise the power or, as the case may be, to give his authority for its exercise, or
he is acting during the absence of an officer holding the rank of superintendent who has authorised him, for the duration of that absence, to exercise the power or, as the case may be, to give his authority for its exercise.
For the purpose of any provision of this Act or any other Act under which such a power is exercisable only by or with the authority of an officer of at least the rank of inspector, an officer of the rank of sergeant shall be treated as holding the rank of inspector if he has been authorised by an officer of at least the rank of F2superintendent to exercise the power or, as the case may be, to give his authority for its exercise.
Annotations
Textual amendments
- F1
Words in s. 107(1) substituted (1.4.1995) by 1994 c. 29, s. 44, Sch. 5 Pt. II para. 35(2); S.I. 1994/3262, art. 4,Sch.
- F2
Word in s. 107(2) substituted (1.4.1995) by 1994 c. 29, s. 44, Sch. 5 Pt. II para. 35(3); S.I. 1994/3262, art. 4,Sch.
Modifications
- C1
S. 107 applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)
- C2
S. 107(2) 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), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)
- C3
S. 107(2) 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), arts. 1, 3(2)-(4), Sch. 1 (with arts. 4-11)
- C4
S. 107 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2 (as amended by S.I. 1987/439, art. 3)