OpenLegislation

The Serious Organised Crime and Police Act 2005 (Powers of Arrest) (Consequential Amendments) Order 2005

S.I. 2005/3389 · Made 7 December 2005

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 7th December 2005

Laid before Parliament 8th December 2005

Coming into force 1 January 2006

The Secretary of State makes the following Order in exercise of the powers conferred by section 173 of the Serious Organised Crime and Police Act 2005f1:

Annotations to the whole text

Footnotes

f1

2005 c. 15.

Contents

  1. 1Citation, commencement and extent
  2. 2Police and Criminal Evidence Act 1984 (Application to Customs and Excise) Order 1985
  3. 3Serbia and Montenegro (United Nations Sanctions) Order 1992
  4. 4United Nations Arms Embargoes (Liberia, Somalia and the Former Yugoslavia) Order 1993
  5. 5Channel Tunnel (International Arrangements) Order 1993
  6. 6Libya (United Nations Sanctions) Order 1993
  7. 7Channel Tunnel (Security) Order 1994
  8. 8Haiti (United Nations Sanctions) Order 1994
  9. 9Conservation (Natural Habitats, &c) Regulations 1994
  10. 10United Nations (International Tribunal) (Former Yugoslavia) Order 1996
  11. 11United Nations (International Tribunal) (Rwanda) Order 1996
  12. 12Police and Criminal Evidence Act 1984 (Application to Armed Forces) Order 1997
  13. 13Federal Republic of Yugoslavia (United Nations Sanctions) Order 1998
  14. 14Iraq (United Nations Sanctions) Order 2000
  15. 15Terrorism (United Nations Measures) Order 2001
  16. 16Al-Qa'ida and Taliban (United Nations Measures) Order 2002
  17. 17Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002
  18. 18Somalia (United Nations Sanctions) Order 2002
  19. 19Iraq (United Nations Sanctions) Order 2003
  20. 20Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003
  21. 21Extradition Act 2003 (Police Powers) Order 2003
  22. 22Liberia (United Nations Sanctions) Order 2004
  23. 23Sudan (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004
  24. 24Liberia (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004
  25. 25Zimbabwe (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004
  26. 26Police (Complaints and Misconduct) Regulations 2004
  27. 27Ministry of Defence Police (Conduct) Regulations 2004
  28. 28Burma (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004
  29. 29Ivory Coast (United Nations Sanctions) Order 2005
  30. 30Sudan (United Nations Measures) Order 2005
  31. 31Democratic Republic of the Congo (United Nations Measures) Order 2005
  32. Signature
  33. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Serious Organised Crime and Police Act 2005 (Powers of Arrest) (Consequential Amendments) Order 2005 and shall come into force on 1st January 2006.

(2)

This Order extends to England and Wales.

2Police and Criminal Evidence Act 1984 (Application to Customs and Excise) Order 1985

(1)

The Police and Criminal Evidence Act 1984 (Application to Customs and Excise) Order 1985f1 is amended as follows.

(2)

In article 7 for “arrestable”, in both places where it occurs, there is substituted “indictable”.

(3)

In article 12 and Schedule 1f2 for the words “section 24(6)” there is substituted “section 24(2)”.

3Serbia and Montenegro (United Nations Sanctions) Order 1992

Article 17(13) of the Serbia and Montenegro (United Nations Sanctions) Order 1992f1 is revoked.

4United Nations Arms Embargoes (Liberia, Somalia and the Former Yugoslavia) Order 1993

Article 10(12) of the United Nations Arms Embargoes (Liberia, Somalia and the Former Yugoslavia) Order 1993f1 is revoked.

5Channel Tunnel (International Arrangements) Order 1993

In paragraph 2(1)(c) of Part 1 of Schedule 3 to the Channel Tunnel (International Arrangements) Order 1993f1, for the words “arrestable offence (within the meaning of section 24 of the 1984 Act)” there is substituted “indictable offence”.

6Libya (United Nations Sanctions) Order 1993

Article 19(12) of the Libya (United Nations Sanctions) Order 1993f1 is revoked.

7Channel Tunnel (Security) Order 1994

In articles 14(11) and 15(11)(a) of the Channel Tunnel (Security) Order 1994f1, for the words “sections 17, 24 and 25” there is substituted “sections 17, 24 and 24A”.

8Haiti (United Nations Sanctions) Order 1994

Article 17(12) of the Haiti (United Nations Sanctions) Order 1994f1 is revoked.

9Conservation (Natural Habitats, &c) Regulations 1994

In regulation 101(2) of the Conservation (Natural Habitats, &c) Regulations 1994f1 for the words “section 25” there is substituted “section 24”.

10United Nations (International Tribunal) (Former Yugoslavia) Order 1996

(1)

The United Nations (International Tribunal) (Former Yugoslavia) Order 1996f1 is amended as follows.

(2)

In sub-paragraph (a) of article 16(1) for the words—

(a)

“serious arrestable offences” there is substituted “indictable offences”; and

(b)

“a serious arrestable offence” there is substituted “an indictable offence”.

(3)

In sub-paragraph (b) of article 16(2) for the words “an arrestable offence within the meaning of the said Act of 1984” there is substituted “an indictable offence”.

11United Nations (International Tribunal) (Rwanda) Order 1996

(1)

The United Nations (International Tribunal) (Rwanda) Order 1996f1 is amended as follows.

(2)

In sub-paragraph (a) of article 16(1) for the words—

(a)

“serious arrestable offences” there is substituted “indictable offences”; and

(b)

“a serious arrestable offence” there is substituted “an indictable offence”.

(3)

In sub-paragraph (b) of article 16(2) for the words “an arrestable offence within the meaning of the said Act of 1984” there is substituted “an indictable offence”.

12Police and Criminal Evidence Act 1984 (Application to Armed Forces) Order 1997

In column 2 of the Schedule to the Police and Criminal Evidence Act 1984 (Application to Armed Forces) Order 1997f1, for “a serious arrestable offence”, in each place where it occurs, there is substituted “an indictable offence”.

13Federal Republic of Yugoslavia (United Nations Sanctions) Order 1998

Article 12(12) of the Federal Republic of Yugoslavia (United Nations Sanctions) Order 1998f1 is revoked.

14Iraq (United Nations Sanctions) Order 2000

Article 11(6) of the Iraq (United Nations Sanctions) Order 1994f1 is revoked.

15Terrorism (United Nations Measures) Order 2001

Article 10(10) of the Terrorism (United Nations Measures) Order 2001f1 is revoked.

16Al-Qa'ida and Taliban (United Nations Measures) Order 2002

Article 20(13) of the Al-Qa'ida and Taliban (United Nations Measures) Order 2002f1 is revoked.

17Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002

In the definition of “DTI Investigation” in article 2 of the Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002f1, for “a serious arrestable offence”, in both places, there is substituted “an indictable offence”.

18Somalia (United Nations Sanctions) Order 2002

Article 16(12) of the Somalia (United Nations Sanctions) Order 2002f1 is revoked.

19Iraq (United Nations Sanctions) Order 2003

Article 20(12) of the Iraq (United Nations Sanctions) Order 2003f1 is revoked.

20Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

In article 5(3) of the Nationality, Immigration and Asylum (Juxtaposed Controls) Order 2003f1, for “a serious arrestable offence” there is substituted “an indictable offence”.

21Extradition Act 2003 (Police Powers) Order 2003

In article 2(3) of the Extradition Act 2003 (Police Powers) Order 2003f1, for “a serious arrestable offence”, in both places, there is substituted “an indictable offence”.

22Liberia (United Nations Sanctions) Order 2004

Article 15(12) of the Liberia (United Nations Sanctions) Order 2004f1 is revoked.

23Sudan (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004

For paragraph (2) of regulation 4 of the Sudan (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004f1, there is substituted the following paragraph—

“(2)

Notwithstanding that the offence in regulation 2 above is not, by virtue of the term of imprisonment for which a person may be sentenced in respect of it, an arrestable offence within the meaning of the Police and Criminal Evidence (Northern Ireland Order) 1989, Article 26(2) of that Order (in Northern Ireland) shall apply to the offence as if it were mentioned therein, and the offence shall accordingly be an arrestable offence within the meaning of the Order.”

24Liberia (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004

For paragraph (2) of regulation 4 of the Liberia (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004f1, there is substituted the following paragraph—

“(2)

Notwithstanding that the offence in regulation 2 above is not, by virtue of the term of imprisonment for which a person may be sentenced in respect of it, an arrestable offence within the meaning of the Police and Criminal Evidence (Northern Ireland Order) 1989, Article 26(2) of that Order (in Northern Ireland) shall apply to the offence as if it were mentioned therein, and the offence shall accordingly be an arrestable offence within the meaning of the Order.”

25Zimbabwe (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004

For paragraph (2) of regulation 4 of the Zimbabwe (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004f1, there is substituted the following paragraph—

“(2)

Notwithstanding that the offence in regulation 2 above is not, by virtue of the term of imprisonment for which a person may be sentenced in respect of it, an arrestable offence within the meaning of the Police and Criminal Evidence (Northern Ireland Order) 1989, Article 26(2) of that Order (in Northern Ireland) shall apply to the offence as if it were mentioned therein, and the offence shall accordingly be an arrestable offence within the meaning of the Order.”

26Police (Complaints and Misconduct) Regulations 2004

(1)

The Police (Complaints and Misconduct) Regulations 2004f1 are amended as follows.

(2)

In regulation 1(2) the following definition is inserted before the definition of “working day”–

  • ““a relevant offence” means—

    1. (a)

      an offence for which the sentence is fixed by law,

    2. (b)

      an offence for which a person of 18 years or over (not previously convicted) may be sentenced to imprisonment for a term of seven years (or might be so sentenced but for the restrictions imposed by section 33 of the Magistrates' Courts Act 1980f2;”.

(3)

For paragraph (v) of regulation 2(2)(a), there is substituted the following paragraph—

“(v)

a relevant offence, or”.

(4)

For sub-paragraph (e) of regulation 5(1), there is substituted the following sub-paragraph—

“(e)

a relevant offence;”.

27Ministry of Defence Police (Conduct) Regulations 2004

For regulation 24(2)(c)(iii) of the Ministry of Defence Police (Conduct) Regulations 2004f1, there is substituted the following paragraph—

“(iii)

an indictable offence.”

28Burma (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004

For paragraph (2) of regulation 4 of the Burma (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004f1, there is substituted the following paragraph—

“(2)

Notwithstanding that the offence in regulation 2 above is not, by virtue of the term of imprisonment for which a person may be sentenced in respect of it, an arrestable offence within the meaning of the Police and Criminal Evidence (Northern Ireland Order) 1989, Article 26(2) of that Order (in Northern Ireland) shall apply to the offence as if it were mentioned therein, and the offence shall accordingly be an arrestable offence within the meaning of the Order.”

29Ivory Coast (United Nations Sanctions) Order 2005

Article 9(12) of the Ivory Coast (United Nations Sanctions) Order 2005f1 is revoked.

30Sudan (United Nations Measures) Order 2005

Article 10(6) of the Sudan (United Nations Measures) Order 2005f1 is revoked.

31Democratic Republic of the Congo (United Nations Measures) Order 2005

Article 10(6) of the Democratic Republic of the Congo (United Nations Measures) Order 2005f1 is revoked.

Signature

Hazel Blears

Minister of State

Home Office

7th December 2005

Explanatory note

(This note is not part of the Order)

Section 110 of the Serious Organised Crime and Police Act 2005 (“the 2005 Act”) inserts a new section 24 into the Police and Criminal Evidence Act 1984. The new section 24 removes the distinction between criminal offences which are arrestable and those which are not and provides that a constable may, provided certain criteria are met, arrest a person in relation to any criminal offence.

Section 111 of, and Schedule 7 to, the 2005 Act make a number of consequential amendments to primary legislation and repeal those powers of arrest which are not contained within PACE and which apply to constables.

This Order makes equivalent consequential amendments to secondary legislation.