OpenLegislation

Paragraph 5

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The M1Police and Criminal Evidence Act 1984 shall be amended as follows.

(2)

For section 30(12)(c) (arrest elsewhere than at a police station) substitute—

“(c)

any provision of the Terrorism Act 2000.”

(3)

In section 32(10) (search upon arrest) for “section 15(3), (4) and (5) of the Prevention of Terrorism (Temporary Provisions) Act 1989” substitute “ section 43 of the Terrorism Act 2000 ”.

(4)

For section 51(b) (savings: Part IV) substitute—

“(b)

the powers conferred by virtue of section 41 of, or Schedule 7 to, the Terrorism Act 2000 (powers of arrest and detention);”.

(5)

For section 56(10) and (11) (application of right to have someone informed) substitute—

“(10)

Nothing in this section applies to a person arrested or detained under the terrorism provisions.”

(6)

For section 58(12) to (18) (application of right of access to legal advice) substitute—

“(12)

Nothing in this section applies to a person arrested or detained under the terrorism provisions.”

(7)

For section 61(9)(b) (fingerprinting: disapplication) substitute—

“(b)

applies to a person arrested or detained under the terrorism provisions.”

(8)

For section 62(12) (intimate samples: disapplication) substitute—

“(12)

Nothing in this section applies to a person arrested or detained under the terrorism provisions; and subsection (1A) shall not apply where the non-intimate samples mentioned in that subsection were taken under paragraph 10 of Schedule 8 to the Terrorism Act 2000.”

(9)

For section 63(10) (non-intimate samples: disapplication) substitute—

“(10)

Nothing in this section applies to a person arrested or detained under the terrorism provisions.”

(10)

In section 65 (interpretation) for the definitions of “the terrorism provisions” and “terrorism” substitute—

““the terrorism provisions” means section 41 of the Terrorism Act 2000, and any provision of Schedule 7 to that Act conferring a power of detention; and

“terrorism” has the meaning given in section 1 of that Act.”

(11)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)

For section 118(2)(a) (definition of police detention) substitute—

“(a)

he has been taken to a police station after being arrested for an offence or after being arrested under section 41 of the Terrorism Act 2000, or.”

Annotations

Textual amendments

F1

Sch. 15 para. 5(11) repealed (1.1.2006 subject to art. 2(2) of the commencing S.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 174(2), Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)

Marginal citations

M1

1984 c. 60