Section 67: Codes of practice—supplementary., Police and Criminal Evidence Act 1984

In this section, " code " means a code of practice under section 60, 60A or 66.

The Secretary of State may at any time revise the whole or any part of a code.

A code may be made, or revised, so as to—

apply only in relation to one or more specified areas,

have effect only for a specified period,

apply only in relation to specified offences or descriptions of offender.

Before issuing a code, or any revision of a code, the Secretary of State must consult—

such persons as appear to the Secretary of State to represent the views of police and crime commissioners,

the Mayor's Office for Policing and Crime,

the Common Council of the City of London,

the National Police Chiefs' Council,

the General Council of the Bar,

the Law Society of England and Wales,

the Institute of Legal Executives, and

such other persons as he thinks fit.

The duty to consult under subsection (4) does not apply to a revision of a code where the Secretary of State considers that—

the revision is necessary in consequence of legislation, and

the Secretary of State has no discretion as to the nature of the revision.

Where, in consequence of subsection (4A), a revision of a code is issued without prior consultation with the persons mentioned in subsection (4), the Secretary of State must (at the same time as issuing the revision) publish a statement that, in his or her opinion, paragraphs (a) and (b) of subsection (4A) apply to the revision.

In subsection (4A), "legislation" means any provision of—

an Act,

subordinate legislation within the meaning of the Interpretation Act 1978.

A code, or a revision of a code, does not come into operation until the Secretary of State by order so provides.

The power conferred by subsection (5) is exercisable by statutory instrument.

An order bringing a code into operation may not be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

An order bringing a revision of a code into operation must be laid before Parliament if the order has been made without a draft having been so laid and approved by a resolution of each House.

When an order or draft of an order is laid, the code or revision of a code to which it relates must also be laid.

No order or draft of an order may be laid until the consultation required by subsection (4) has taken place.

An order bringing a code, or a revision of a code, into operation may include transitional or saving provisions.

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Persons other than police officers who are charged with the duty of investigating offences or charging offenders shall in the discharge of that duty have regard to any relevant provision of . . . a code.

Persons on whom powers are conferred by—

any designation under section 38 or 39 of the Police Reform Act 2002 (c. 30) (police powers for civilian staff and volunteers), or

any accreditation under section 41 of that Act (accreditation under community safety accreditation schemes),

shall have regard to any relevant provision of a code . . . in the exercise or performance of the powers and duties conferred or imposed on them by that designation or accreditation.

A failure on the part—

of a police officer to comply with any provision of . . . a code; . . .

of any person other than a police officer who is charged with the duty of investigating offences or charging offenders to have regard to any relevant provision of . . . a code in the discharge of that duty, , or

of a person designated under section 38 or 39 or accredited under section 41 of the Police Reform Act 2002 (c. 30) to have regard to any relevant provision of . . . a code in the exercise or performance of the powers and duties conferred or imposed on him by that designation or accreditation,

shall not of itself render him liable to any criminal or civil proceedings.

In all criminal and civil proceedings any . . . code shall be admissible in evidence; and if any provision of . . . a code appears to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.

In subsection (11) " criminal proceedings " includes service proceedings.

In this section " service proceedings " means proceedings before a court (other than a civilian court) in respect of a service offence; and "service offence" and "civilian court" here have the same meanings as in the Armed Forces Act 2006.

Section 67: Codes of practice—supplementary.

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