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Police and Criminal Evidence Act 1984

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Police and Criminal Evidence Act 1984
1984 c. 60
 

 

An Act to make further provision in relation to the powers and duties of the police, persons in police detention, criminal evidence, police discipline and complaints against the police; to provide for arrangements for obtaining the views of the community on policing and for a rank of deputy chief constable; to amend the law relating to the Police Federations and Police Forces and Police Cadets in Scotland; and for connected purposes. 

[31st October 1984]

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:—

 

 

 

 

Part I

Powers to Stop and Search

Power of constable to stop and search persons, vehicles etc.

 

1. — (1) A constable may exercise any power conferred by this section—

 

 

(a) in any place to which at the time when he proposes to exercise the power the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission; or

 

 

(b) in any other place to which people have ready access at the time when he proposes to exercise the power but which is not a dwelling.

 

 

 

(2) Subject to subsection (3) to (5) below, a constable—

 

(a) may search—

 

 

(i) any person or vehicle;

 

 

(ii) anything which is in or on a vehicle,

 

for stolen or prohibited articles [or any article to which subsection (8A) below applies] [, any article to which subsection (8A) below applies or any firework to which subsection (8B) below applies]; and

 

(b) may detain a person or vehicle for the purpose of such a search.

 

 

 

(3) This section does not give a constable power to search a person or vehicle or anything in or on a vehicle unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles [or any article to which subsection (8A) below applies] [, any article to which subsection (8A) below applies or any firework to which subsection (8B) below applies].

 

 

 

(4) If a person is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search him in the exercise of the power conferred by this section unless the constable has reasonable grounds for believing—

 

 

(a) that he does not reside in the dwelling; and

 

 

(b) that he is not in the place in question with the express or implied permission of a person who resides in the dwelling.

 

 

 

(5) If a vehicle is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search the vehicle or anything in or on it in the exercise of the power conferred by this section unless he has reasonable grounds for believing—

 

 

(a) that the person in charge of the vehicle does not reside in the dwelling; and

 

 

(b) that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling.

 

 

 

(6) If in the course of such a search a constable discovers an article which he has reasonable grounds for suspecting to be a stolen or prohibited article [or an article to which subsection (8A) below applies] [, an article to which subsection (8A) below applies or a firework to which subsection (8B) below applies], he may seize it.

 

 

 

(7) An article is prohibited for the purposes of this Part of this Act if it is—

 

 

(a) an offensive weapon; or

 

 

(b) an article—

 

 

 

(i) made or adapted for use in the course of or in connection with an offence to which this sub-paragraph applies; or

 

 

 

(ii) intended by the person having it with him for such use by him or by some other person.

 

 

 

(8) The offences to which subsection (7)(b)(i) above applies are—

 

 

(a) burglary;

 

 

(b) theft;

 

 

(c) offences under section 12 of the Theft Act 1968 (taking motor vehicle or other conveyance without authority); and

 

 

(d) offences under section 15 of that Act (obtaining property by deception).

 

 

(e) offences under section 1 of the Criminal Damage Act 1971 (destroying or damaging property)].

 

(8A) This subsection applies to any article in relation to which a person has committed, or is committing or is going to commit an offence under section 139 of the Criminal Justice Act 1988.

 

 

[(8B) This subsection applies to any firework which a person possesses in contravention of a prohibition imposed by fireworks regulations.

(8C) In this section—
(a) “firework” shall be construed in accordance with the definition of “fireworks” in section 1(1) of the Fireworks Act 2003; and


(b) “fireworks regulations” has the same meaning as in that Act.]
 

 

(9) In this Part of this Act “offensive weapon” means any article—

 

 

(a) made or adapted for use for causing injury to persons; or

 

 

(b) intended by the person having it with him for such use by him or by some other person.

Textual Amendments

 

Criminal Justice Act 1988, s. 140(1)(a)(i); 140(1)(a)(ii); s. 140(1)(b); s. 140(1)(c)

   
  74
  (3) ... In any proceedings where evidence is admissible of the fact that the accused has committed an offence ... if the accused is proved to have been convicted of the offence ... he shall be taken to have committed the offence unless the contrary is proved ...'
     
     
     
     

 

Section 80

(1) In any proceedings the wife or husband of the accused shall be competent to give evidence--

 

(a) subject to subsection (4) below, for the prosecution; and

 

(b) on behalf of the accused or any person jointly charged with the accused.

 

(2) In any proceedings the wife or husband of the accused shall, subject to subsection (4) below, be compellable to give evidence on behalf of the accused.

 

(3) In any proceedings the wife or husband of the accused shall, subject to subsection (4) below, be compellable to give evidence for the prosecution or on behalf of any person jointly charged with the accused if and only if--

 

(a) the offence charged involves an assault on, or injury or a threat of injury to, the wife or husband of the accused or a person who was at the material time under the age of sixteen; or

 

(b) the offence charged is a sexual offence alleged to have been committed in respect of a person who was at the material time under that age; or

 

(c) the offence charged consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within paragraph (a) or (b) above.

 

(4) Where a husband and wife are jointly charged with an offence neither spouse shall at the trial be competent or compellable by virtue of subsection (1)(a), (2) or (3) above to give evidence in respect of that offence unless that spouse is not, or is no longer, liable to be convicted of that offence at the trial as a result of pleading guilty or for any other reason.

 

(5) In any proceedings a person who has been but is no longer married to the accused shall be competent and compellable to give evidence as if that person and accused had never been married.

 

(6) Where in any proceedings the age of any person at any time is material for the purposes of subsection (3) above, his age at the material time shall for the purposes of that provision be deemed to be or to have been that which appears to the court to be or to have been his age at that time.

 

(7) In subsection (3)(b) above "sexual offence" means an offence under the Sexual Offences Act 1956, the Indecency with Children Act 1960, the Sexual Offences Act 1967, section 54 of the Criminal Law Act 1977 or the Protection of Children Act 1978.

 

(8) The failure of the wife or husband of the accused to give evidence shall not be made the subject of any comment by the prosecution.

 

(9) Section 1(d) of the Criminal Evidence Act 1898 (communications between husband and wife) and section 43(1) of the Matrimonial Causes Act 1965 (evidence as to marital intercourse) shall cease to have effect.

 

 

 

 

 

 

 

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