Police Reform Act 2002
2002 c. 30 · Enacted 24 July 2002 · Extends to United Kingdom
Be 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:—C1C2
Annotations to the whole text
Modifications
- C1
Act applied (with modifications) (10.5.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(4), 35(1)(2), Sch. 5 para. 11
- C2
Act applied (with modifications) (21.3.2024) by The South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024 (S.I. 2024/414), arts. 1(2), 5, Sch. 1 para. 12
Contents
- Part 1: Powers of the Secretary of State
- 1National Policing Plan
- 2Codes of practice for chief officers
- 3Powers to require inspection and report
- 4Directions to police authorities
- 5Directions as to action plans Repealed
- 6Regulation of equipment
- 7Regulation of procedures and practices
- 8Equivalent provision for NCIS and NCS Repealed
- Part 2: Complaints and Misconduct
- The Independent Office for Police Conduct
- 9The Independent Office for Police Conduct
- 10General functions of the Director General
- 10AGeneral functions of the Office
- 10BEfficiency etc in exercise of functions
- 10CStrategy for exercise of functions
- 10DCode of practice
- 11Reports to the Secretary of State
- Application of Part 2
- 12Complaints, matters and persons to which Part 2 applies
- Handling of complaints , conduct matters and DSI matters etc.
- 13Handling of complaints, conduct matters and DSI matters etc.
- 13ALocal policing bodies: functions in relation to complaints
- 13BPower of the Director General to require re-investigation
- 14Direction and control matters Repealed
- Co-operation, assistance and information
- 15General duties of local policing bodies, chief officers and inspectors
- 16Payment for assistance with investigations
- 16AInvestigations: National Policing Improvement Agency involvement Repealed
- 17Provision of information to the Director General
- 18Inspections of police premises on behalf of the Director General
- 19Use of investigatory powers by or on behalf of the Director General
- 20Duty to keep the complainant informed
- 21Duty to provide information for other persons
- 21ARestriction on disclosure of sensitive information
- 21BProvision of sensitive information to the Director General and certain investigators
- Guidance and regulations
- 22Power of the Director General to issue guidance
- 23Regulations
- 24Consultation on regulations
- Conduct of persons in other forms of police service
- 25NCIS and NCS Repealed
- 26Forces maintained otherwise than by local policing bodies
- 26ASerious Organised Crime Agency Repealed
- 26BNational Policing Improvement Agency Repealed
- 26BACollege of Policing
- 26CThe National Crime Agency
- 26CAEnforcement officers appointed under Employment Rights Act 2025
- 26DLabour abuse prevention officers Repealed
- 26EFood crime officers
- 26FThe Independent Commission for Reconciliation and Information Recovery
- 26GPublic sector fraud investigators
- 26HDWP investigators
- 27Conduct of the Office's staff
- Transitional provisions
- 28Transitional arrangements connected with establishing the Commission etc. Repealed
- 28AApplication of Part 2 to old cases
- Interpretation of Part 2
- 29Interpretation of Part 2
- Part 2A: Super-complaints
- 29APower to make super-complaints
- 29BBodies who may make super-complaints
- 29CRegulations about super-complaints
- Part 2B: Investigation of concerns raised by whistle-blowers
- 29DPower to investigate concerns raised by whistle-blowers
- 29EDirector General's powers and duties on decision not to investigate
- 29FSpecial provision for “conduct matters”
- 29GSpecial provision for “DSI matters”
- 29HDirector General's powers and duties where whistle-blower is deceased
- 29IDuty to keep whistle-blowers informed
- 29JProtection of anonymity of whistle-blowers
- 29KOther restrictions on disclosure of information
- 29LApplication of provisions of Part 2
- 29MRegulation-making powers: consultation
- 29NInterpretation
- Part 3: Removal, suspension and disciplining of police officers
- Removal and suspension of senior officers
- 30Resignation in the interests of efficiency and effectiveness
- 31Procedural requirements for removal of senior officers
- 32Suspension of senior officers
- 33Removal etc. of senior officers at the instance of the Secretary of State
- 34Regulations concerning procedure for removal of senior officers
- Disciplinary proceedings and protected disclosures
- 35Disciplinary regulations for special constables
- 36Conduct of disciplinary proceedings
- 37Protected disclosures by police officers
- Part 4: Police powers etc.
- Chapter 1: Exercise of police powers etc. by civilians
- 38Police powers for civilian staff and volunteers
- 38AStandard powers and duties of community support officers Repealed
- 38BPolice powers for civilian employees under collaboration agreements
- 38CDesignations under section 38B: supplementary provision
- 39Police powers for contracted-out staff
- 40Community safety accreditation schemes
- 41Accreditation under community safety accreditation schemes
- 41AAccreditation of weights and measures inspectors
- 41BPower to apply accreditation provisions
- 42Supplementary provisions relating to designations and accreditations
- 43Railway safety accreditation scheme
- 44Removal of restriction on powers conferred on traffic wardens Repealed
- 45Code of practice relating to chief officers’ powers under Chapter 1 Repealed
- 46Offences against designated and accredited persons etc.
- 47Interpretation of Chapter 1
- Chapter 2: Provisions modifying and supplementing police powers
- Powers of arrest
- 48Offences for which a person may be arrested without a warrant Repealed
- 49Power of arrest in relation to failure to stop a vehicle
- Power to require name and address
- 50Persons engaging in anti-social behaviour
- Persons in police detention
- 51Independent custody visitors for places of detention
- 52Detention reviews for detained persons who are asleep
- 53Persons suspected of offences connected with transport systems
- Blood specimens
- 54Persons authorised to take intimate samples from persons in police detention
- 55Extension of role of health care professionals
- 56Specimens taken from persons incapable of consenting
- 57Use of specimens taken from persons incapable of consenting
- 58Equivalent provision for offences connected with transport systems
- Seizure of motor vehicles
- 59Vehicles used in manner causing alarm, distress or annoyance
- 60Retention etc. of vehicles seized under section 59
- Anti-social behaviour
- 61Anti-social behaviour orders Repealed
- 62Power of Secretary of State to add to relevant authorities Repealed
- 63Orders in county court proceedings Repealed
- 64Orders on conviction in criminal proceedings Repealed
- 65Interim orders Repealed
- 66Consultation requirements Repealed
- Sex offenders
- 67Sex offenders: England and Wales Repealed
- 68Interim orders for sex offenders: England and Wales Repealed
- 69Sex offender orders made in Scotland or Northern Ireland Repealed
- 70Sex offenders: Scotland Repealed
- 71Sex offender orders made in England and Wales or Northern Ireland Repealed
- 72Sex offenders: Northern Ireland Repealed
- 73Interim orders for sex offenders: Northern Ireland Repealed
- 74Sex offender orders made in England and Wales or Scotland Repealed
- The British Transport Police
- 75Removal of truants to designated places
- 76Amendments to Part 3 of the Road Traffic Offenders Act 1988
- Property in possession of NCS
- 77Application of the Police (Property) Act 1897 to NCS
- Part 5: The Ministry of Defence Police
- 78Ministry of Defence police serving with other forces
- 79Disciplinary matters
- 80Functions of inspectors of constabulary
- 81Exemptions from firearms legislation
- Part 6: Miscellaneous
- Appointment and attestation of police officers etc.
- 82Nationality requirements applicable to police officers etc.
- 83Attestation of constables
- 84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 85Director General of NCIS Repealed
- 86Police members of NCIS Repealed
- 87Police members of NCS Repealed
- 88Regulations for NCIS Repealed
- 89Regulations for NCS Repealed
- 90Supplementary provisions about police membership of NCIS Repealed
- 91Supplementary provisions about police membership of NCS Repealed
- Bodies with functions in relation to the police
- 92Police authorities to produce three-year strategy plans
- 93Quorum for the Service Authorities under the 1997 Act Repealed
- 94Expenses of members of police authorities etc. Repealed
- 95Duties under the Health and Safety at Work etc. Act 1974 Repealed
- 96President of ACPO Repealed
- 97Crime and disorder reduction partnerships
- 98Secretary of State’s functions in relation to strategies Repealed
- 99Power to modify functions and structure of PITO Repealed
- 100Metropolitan Police Authority housing
- 101Provision of goods and services by police authorities
- Liability for unlawful acts of constables etc.
- 102Liability for wrongful acts of constables etc.
- International joint investigation teams
- 103Liability in respect of members of teams
- 104Assaults on members of teams
- Part 7: Supplemental
- 105Powers of Secretary of State to make orders and regulations
- 106General interpretation
- 107Consequential amendments and repeals
- 108Short title, commencement and extent
- Schedule 1
- 1Introductory
- 2Codes of Practice for Directors General
- 3Directions to Service Authorities
- 4Directions as to action plans
- 5Procedure for giving directions
- 6National Crime Squad equipment
- 7Procedures and practices of the National Crime Squad
- Schedule 2: The Independent Office for Police Conduct
- 1Director General
- 1AAppointment of members
- 1BParagraph 1B
- 2Terms of appointment etc: non-executive members
- 2ATerms of appointment etc: employee members
- 3Deputy Chairmen Repealed
- 3ADirector General: vacancy or incapacity
- 4Remuneration, pensions etc. of members
- 5The Chief Executive Repealed
- 6Staff
- 6ADelegation of functions
- 7Superannuation and insurance
- 7ALiability for acts of the Director General
- 8Liability for acts of seconded staff
- 9Power ... to set up regional offices
- 10Proceedings
- 11Paragraph 11
- 12Authentication of the Office's seal
- 13Evidence of documents
- 14Payments by the Secretary of State
- 15Other receipts by the Office
- 16Borrowing
- 17Accounts
- 18Financial year of the Office
- Schedule 3: Handling of Complaints and Conduct matters etc.
- Part 1: Handling of complaints
- Duties to preserve evidence relating to complaints
- 1Paragraph 1
- Initial handling and recording of complaints
- 2Paragraph 2
- ...
- 3Paragraph 3 Repealed
- Reference of complaints to the Director General
- 4Paragraph 4
- Power of Director General to treat complaint as having been referred
- 4AParagraph 4A
- Duties of Director General on references under paragraph 4
- 5Paragraph 5
- Handling of complaints by the appropriate authority
- 6Paragraph 6
- Reviews relating to complaints dealt with other than by investigation
- 6AParagraph 6A
- ...
- 7Paragraph 7 Repealed
- ...
- 8Paragraph 8 Repealed
- ...
- 8AParagraph 8A Repealed
- Part 2: Handling of conduct matters
- Conduct matters arising in civil proceedings
- 10Paragraph 10
- Recording etc. of conduct matters in other cases
- 11Paragraph 11
- Duties to preserve evidence relating to conduct matters
- 12Paragraph 12
- Reference of conduct matters to the Director General
- 13Paragraph 13
- Power of Director General to treat conduct matter as having been referred
- 13AParagraph 13A
- Duties of Director General on references under paragraph 13
- 14Paragraph 14
- Part 2A: handling of death and serious injury (DSI) matters
- Duty to record DSI matters
- 14AParagraph 14A
- Duty to preserve evidence relating to DSI matters
- 14BParagraph 14B
- Reference of DSI matters to the Director General
- 14CParagraph 14C
- Power of Director General to treat DSI matter as having been referred
- 14CAParagraph 14CA
- Duties of Director General on references under paragraph 14C
- 14DParagraph 14D
- Part 3: Investigations and subsequent proceedings
- Power of the Director General to determine the form of an investigation
- 15Paragraph 15
- Investigations by the appropriate authority on its own behalf
- 16Paragraph 16
- ...
- 17Paragraph 17 Repealed
- Investigations directed by the Director General
- 18Paragraph 18
- Investigations by the Director General ...
- 19Paragraph 19
- Investigations by the Director General: power to serve information notice
- 19ZAParagraph 19ZA
- Failure to comply with information notice
- 19ZBParagraph 19ZB
- Appeals against information notices
- 19ZCParagraph 19ZC
- Sensitive information: restriction on further disclosure
- 19ZDParagraph 19ZD Repealed
- Investigations by the Director General: power of seizure
- 19ZEParagraph 19ZE
- Further provision about seizure under paragraph 19ZE
- 19ZFParagraph 19ZF
- Investigations by the Director General: power of retention
- 19ZGParagraph 19ZG
- Further provision about things retained under paragraph 19ZG
- 19ZHParagraph 19ZH
- Special procedure where investigation relates to police officer or special constable
- 19AParagraph 19A
- Assessment of seriousness of conduct under investigation
- 19BParagraph 19B Repealed
- Duty to consider submissions from person whose conduct is being investigated
- 19CParagraph 19C Repealed
- Interview of person whose conduct is being investigated
- 19DParagraph 19D Repealed
- Duty to provide certain information to appropriate authority
- 19EParagraph 19E Repealed
- Interview of persons serving with the police etc during certain investigations
- 19FParagraph 19F
- Restrictions on proceedings pending the conclusion of an investigation
- 20Paragraph 20
- Accelerated procedure in special cases
- 20AParagraph 20A
- Investigations managed or carried out by Commission: action by appropriate authority
- 20BParagraph 20B Repealed
- Investigations managed or carried out by Commission: action by Commission
- 20CParagraph 20C Repealed
- Investigations managed or carried out by Commission: action by Commission
- 20DParagraph 20D Repealed
- Other investigations: action by appropriate authority
- 20EParagraph 20E Repealed
- Other investigations: action by appropriate authority
- 20FParagraph 20F Repealed
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 20GParagraph 20G Repealed
- Special cases: recommendation or direction of Commission
- 20HParagraph 20H Repealed
- Special cases: recommendation or direction of Commission
- 20IParagraph 20I Repealed
- ...
- 21Paragraph 21 Repealed
- Procedure where conduct matter is revealed during investigation of DSI matter
- 21AParagraph 21A
- Final reports on investigations: complaints, conduct matters and certain DSI matters
- 22Paragraph 22
- Action by the Director General in relation to an investigation report under paragraph 22
- 23Paragraph 23
- 23AParagraph 23A
- Action by the appropriate authority in response to an investigation report under paragraph 22
- 24Paragraph 24
- Final reports on investigations: other DSI matters
- 24AParagraph 24A
- Action by the Director General in relation to an investigation report under paragraph 24A
- 24BParagraph 24B
- 24CParagraph 24C
- Reviews ... with respect to an investigation
- 25Paragraph 25
- Information for complainant about disciplinary recommendations
- 25AParagraph 25A
- Re-investigations following a review
- 26Paragraph 26
- Duties with respect to disciplinary proceedings etc
- 27Paragraph 27
- Information for complainant about disciplinary recommendations
- 28Paragraph 28 Repealed
- Recommendations by the Director General or a local policing body
- 28ZAParagraph 28ZA
- Recommendations by the Director General
- 28AParagraph 28A
- Response to recommendation
- 28BParagraph 28B
- Minor definitions
- 29Paragraph 29
- Reviews: the relevant review body
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- Schedule 3A: Whistle-blowing investigations: procedure
- Designation of persons to take part in investigation
- 1Paragraph 1
- Protection of anonymity
- 2Paragraph 2
- Powers to obtain information etc
- 3Paragraph 3
- Procedure where conduct matter is revealed during investigation
- 4Paragraph 4
- Procedure where DSI matter is revealed during investigation
- 5Paragraph 5
- Conclusion of investigation
- 6Paragraph 6
- Power of Director General to make recommendations
- 7Paragraph 7
- Schedule 3B: Designations under section 38
- Part 1: Excluded powers and duties of constables
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 3AParagraph 3A
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part 2: Application of legislation
- 8Paragraph 8
- Schedule 3C: Designations under section 38: additional powers and duties
- Introduction
- 1Paragraph 1
- Powers to issue fixed penalty notices
- 2Paragraph 2
- Powers to require names and addresses
- 3Paragraph 3
- Powers to search for and seize alcohol and tobacco
- 4Paragraph 4
- Powers to seize and detain: controlled drugs
- 5Paragraph 5
- Powers to seize and detain: psychoactive substances
- 6Paragraph 6
- Powers to detain pending arrival of a constable etc
- 7Paragraph 7
- Powers to search etc individuals detained under paragraph 7
- 8Paragraph 8
- Persons detained under paragraph 7: park trading offences
- 9Paragraph 9
- Road traffic
- 10Paragraph 10
- Power to use reasonable force
- 11Paragraph 11
- Schedule 4: Powers exercisable by contracted-out staff
- Part 1: Community Support Officers
- 1Powers to issue fixed penalty notices Repealed
- 1ZAParagraph 1ZA Repealed
- 1ZBPower to issue community protection notices Repealed
- 1APower to require name and address Repealed
- 2Power to detain etc. Repealed
- 2APowers to search individuals and to seize and retain items Repealed
- 2BGeneral power of seizure Repealed
- 3Power to require name and address of person acting in an anti-social manner Repealed
- 3APower to require name and address: road traffic offences Repealed
- 3BPower to require name and address etc: charity collectors Repealed
- 4Power to use reasonable force to detain person Repealed
- 4ZAParagraph 4ZA Repealed
- 4ZBParagraph 4ZB Repealed
- 4APower to disperse groups and remove young persons to their place of residence Repealed
- 4ABPower to disperse groups and remove young persons to their place of residence Repealed
- 4BPower to disperse groups and remove young persons to their place of residence Repealed
- 4CPower to remove truants and excluded pupils to designated premises etc. Repealed
- 5Alcohol consumption in restricted areas Repealed
- 5APower to serve closure notice for licensed premises persistently selling to children Repealed
- 6Confiscation of alcohol Repealed
- 7Confiscation of tobacco etc. Repealed
- 7ASearch and seizure powers: alcohol and tobacco Repealed
- 7BPowers to seize and detain: controlled drugs Repealed
- 7CPowers to seize and detain: controlled drugs Repealed
- 7DPark Trading offences Repealed
- 7EPowers to seize and detain: psychoactive substances Repealed
- 7FPowers to seize and detain: psychoactive substances Repealed
- 8Entry to save life or limb or prevent serious damage to property Repealed
- 8AEntry to investigate licensing offences Repealed
- 9Seizure of vehicles used to cause alarm etc. Repealed
- 10Abandoned vehicles Repealed
- 11Power to stop vehicle for testing Repealed
- 11APower to stop cycles Repealed
- 11BPower to control traffic for purposes other than escorting a load of exceptional dimensions Repealed
- 12Power to control traffic for purposes of escorting a load of exceptional dimensions Repealed
- 13Carrying out of road checks Repealed
- 13APower to place traffic signs Repealed
- 14Cordoned areas Repealed
- 15Power to stop and search vehicles etc. in authorised areas Repealed
- 15ZAPhotographing of persons arrested, detained or given fixed penalty notices Repealed
- 15APower to modify paragraph 1(2A) Repealed
- Part 2: Investigating Officers
- 16Search warrants Repealed
- 16AParagraph 16A Repealed
- 16BParagraph 16B Repealed
- 17Access to excluded and special procedure material Repealed
- 18Entry and search after arrest Repealed
- 18AEntry and search for evidence of nationality after arrest Repealed
- 19General power of seizure Repealed
- 20Access and copying in the case of things seized by constables Repealed
- 21Arrest at a police station for another offence Repealed
- 22Power to transfer persons into custody of investigating officers Repealed
- 22APowers in respect of detained persons Repealed
- 23Power to require arrested person to account for certain matters Repealed
- 24Extended powers of seizure Repealed
- 24APersons accompanying investigating officers Repealed
- Part 3: Detention Officers
- 25Attendance at police station for fingerprinting
- 26Non-intimate searches of detained persons
- 27Searches and examinations to ascertain identity
- 27ASearches of persons answering to live link bail
- 28Intimate searches of detained persons
- 29Fingerprinting without consent
- 30Warnings about intimate samples
- 31Non-intimate samples
- 32Attendance at police station for the taking of a sample
- 33Photographing persons in police detention
- 33ATaking of impressions of footwear
- 33BPowers in respect of detained persons
- 33CParagraph 33C
- 33DParagraph 33D
- Part 4: Escort Officers
- 34Power to take an arrested person to a police station
- 35Escort of persons in police detention
- Part 4A
- 35AExercise of functions of custody officers Not yet in force
- 35BPowers in respect of detained persons
- 35CParagraph 35C
- Part 5: Interpretation of Schedule
- 36Paragraph 36
- Schedule 5: Powers exercisable by accredited persons
- 1Power to issue fixed penalty notices
- 1AParagraph 1A
- 2Power to require giving of name and address
- 3Power to require name and address of person engaging in anti-social behaviour
- 3APower to require name and address: road traffic offences
- 4Alcohol consumption in designated public places
- 5Confiscation of alcohol
- 6Confiscation of tobacco etc.
- 7Abandoned vehicles
- 8Power to stop vehicle for testing
- 8APower to stop cycles
- 8BPower to control traffic for purposes other than escorting a load of exceptional dimensions
- 9Power to control traffic for purposes of escorting a load of exceptional dimensions
- 9ZAPhotographing of persons given fixed penalty notices
- 9APower to modify paragraph 1(2A)
- 10Meaning of “relevant police area”
- Schedule 5A: Powers exercisable by accredited inspectors
- 1Power to issue fixed penalty notices
- 2Power to require giving of name and address
- 3Photographing of persons given fixed penalty notices
- 4Interpretation
- Schedule 6
- Schedule 7: Minor and Consequential Amendments
- 1Police (Scotland) Act 1967
- 2Superannuation Act 1972
- 3Juries Act 1974
- 4Rehabilitation of Offenders Act 1974
- 5House of Commons Disqualification Act 1975
- 6Northern Ireland Assembly Disqualification Act 1975
- 7The Police Pensions Act 1976
- 8Rehabilitation of Offenders (Northern Ireland) Order 1978
- 9The 1984 Act
- 10Prosecution of Offences Act 1985
- 11Road Traffic Act 1988
- 12Paragraph 12
- 13Aviation and Maritime Security Act 1990
- 14The 1996 Act
- 15Paragraph 15
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18
- 19Paragraph 19
- 20Justices of the Peace Act 1997 Repealed
- 21The 1997 Act Repealed
- 22Police (Northern Ireland) Act 1998
- 23Freedom of Information Act 2000
- 24Criminal Justice and Police Act 2001 Repealed
- Schedule 8: Repeals