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

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Source: https://www.legislation.gov.uk/uksi/2011/410/note (the official version)
Page: https://openlegislation.uk/serious-organised-crime-and-police-act-2005-commencement-no14-order-2011/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.