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The Serious Organised Crime and Police Act 2005 (Commencement No.14) Order 2011

S.I. 2011/410 · 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 178(8) of the Serious Organised Crime and Police Act 2005f1:

Annotations to the whole text

Footnotes

f1

2005 c.15.

Contents

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

1Citation

This Order may be cited as the Serious Organised Crime and Police Act 2005 (Commencement No. 14) Order 2011.

2Commencement

The following provisions of the Serious Organised Crime and Police Act 2005 shall come into force on 7th March 2011—

(a)

section 117(1) and (2) (fingerprints: amendments to section 61 of PACE);

(b)

section 117(4)(a) (fingerprints: amendments to section 61 of PACE);

(c)

section 117(5) (fingerprints: amendments to section 63A of PACE);

(d)

section 117(6) (so far as not already in force);

(e)

section 117(8) to (10) (fingerprints: amendments to section 63A of PACE); and

(f)

section 121(5)(a) (custody officers: amendments to PACE).

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 117 of the Serious Organised Crime and Police Act 2005. Section 117 amends section 61 of the Police and Criminal Evidence Act 1984 (c.60). The amendment gives a police constable the power to take a person’s fingerprints without their consent where the person is unknown to the officer and their name cannot reasonably be ascertained, or where an officer has reasonable grounds for doubting the validity of the name given.

On the same date, this Order also brings into force section 121(5)(a) of the Act. This provision amends section 36 of the Police and Criminal Evidence Act 1984. The effect is that references to a custody officer in section 34 of PACE 1984 (limitations on police detention) include references to an officer other that a custody officer who is performing the functions of a custody officer. This means that officers who do not hold the rank of sergeant can perform the function of a custody officer in the context of limitations on police detention; namely they can order the release from custody of persons in detention in respect of whom the grounds for detention have ceased to apply.