Policing and Crime Act 2017 - Legislation.gov.uk

1 Policing and Crime Act 2017 CHAPTER 3 Explanatory Notes have been produced to assist in theunderstanding of this Act and are available separately and Crime Act 2017 CHAPTER 3 CONTENTSPART 1 EMERGENCY SERVICES COLLABORATIONCHAPTER 1 COLLABORATION AGREEMENTS1 Collaboration agreements2 Duties in relation to collaboration agreements3 Collaboration agreements: specific restrictions4 Collaboration agreements: supplementary5 Collaboration agreements: definitionsCHAPTER 2 POLICE AND Crime COMMISSIONERS ETC: FIRE AND RESCUE FUNCTIONS6 Provision for police and Crime commissioner to be fire and rescue authority7 Involvement of police and Crime commissioner in fire and rescue authority8 Combined authority mayors: exercise of fire and rescue functionsCHAPTER 3 LONDON FIRE COMMISSIONER9 The London Fire Commissioner10 Transfer of property, rights and liabilities to the London Fire CommissionerPolicing and Crime Act 2017 (c.)

2 3)iiCHAPTER 4 INSPECTION OF FIRE AND RESCUE SERVICES11 Inspection of fire and rescue services12 Fire safety inspectionsPART 2 POLICE COMPLAINTS, DISCIPLINE AND INSPECTIONCHAPTER 1 POLICE COMPLAINTS13 Local Policing bodies: functions in relation to complaints14 Definition of police complaint15 Duty to keep complainant and other interested persons informed16 Complaints, conduct matters and DSI matters: procedure17 Initiation of investigations by IPCC18 IPCC power to require re-investigation19 Sensitive information received by IPCC: restriction on disclosure20 Investigations by IPCC: powers of seizure and retention21 References to England and Wales in connection with IPCC functions22 Oversight functions of local Policing bodies23 Delegation of functions by local Policing bodies24 Transfer of staff to local Policing bodiesCHAPTER 2 POLICE SUPER-COMPLAINTS25 Power to make super-complaints26 Bodies who may make super-complaints27 Regulations about super-complaintsCHAPTER 3 WHISTLE-BLOWING: POWER OF IPCC TO INVESTIGATE28 Investigations by the IPCC: whistle-blowingCHAPTER 4 POLICE DISCIPLINE29 Disciplinary proceedings.

3 Former members of police forces and former specialconstables30 Police barred list and police advisory list31 Appeals to Police Appeals Tribunals32 Guidance concerning disciplinary proceedings and conduct etcPolicing and Crime Act 2017 (c. 3)iiiCHAPTER 5 IPCC: RE-NAMING AND ORGANISATIONAL CHANGE33 Independent Office for Police Conduct34 Exercise of functions35 Public recordsCHAPTER 6 INSPECTION36 Powers of inspectors to obtain information, access to police premises etc37 Inspectors and inspections: miscellaneousPART 3 POLICE WORKFORCE AND REPRESENTATIVE INSTITUTIONSCHAPTER 1 POLICE WORKFORCEP owers of police civilian staff and volunteers38 Powers of police civilian staff and police volunteers39 Application of Firearms Act 1968 to the police: special constables andvolunteers40 Training etc of police volunteers41 Police volunteers: complaints and disciplinary matters42 Police volunteers.

4 Police barred list and police advisory list43 Police volunteers: inspection44 Restrictions on designated persons acting as covert human intelligencesources45 Further amendments consequential on section 38 etcRemoval of powers of police to appoint traffic wardens46 Removal of powers of police in England and Wales to appoint traffic wardensPolice rank structure47 Power to make regulations about police ranks48 Section 47: consequential amendmentsCHAPTER 2 REPRESENTATIVE INSTITUTIONS49 Duties of Police Federation for England and Wales in fulfilling its purpose50 Freedom of Information Act etc: Police Federation for England and Wales51 Removal of references to ACPOP olicing and Crime Act 2017 (c. 3)ivPART 4 POLICE POWERSCHAPTER 1 PRE-CHARGE BAILR elease without bail or on bail52 Arrest elsewhere than at a police station: release before charge53 Section 52: consequential amendments54 Release from detention at a police station55 Release following arrest for breach of bail etc56 Release from further detention at police station57 Warrants of further detention: release58 Meaning of pre-conditions for bail 59 Release without bail: fingerprinting and samples60 Release under section 24A of the Criminal Justice Act 2003 Conditions of bail61 Bail before charge.

5 Conditions of bail etcTime limits on period of bail62 Limit on period of bail under section 30A of PACE63 Limits on period of bail without charge under Part 4 of PACE64 Section 63: consequential amendmentsRe-arrest of person released under provisions of PACE65 Release under provisions of PACE: re-arrestNotification of decision not to prosecute66 Duty to notify person released under section 34, 37 or 37CA of PACE that notto be prosecuted67 Duty to notify person released under any of sections 41 to 44 of PACE that notto be prosecutedBreach of pre-charge bail conditions relating to travel68 Offence of breach of pre-charge bail conditions relating to travel69 Offence of breach of pre-charge bail conditions relating to travel:interpretationCHAPTER 2 RETENTION OF BIOMETRIC MATERIAL70 Retention of fingerprints and DNA profiles: PACE71 Retention of fingerprints and DNA profiles: Terrorism Act 2000 Policing and Crime Act 2017 (c.)

6 3)vCHAPTER 3 POWERS UNDER PACE: MISCELLANEOUS72 PACE: entry and search of premises for the purpose of arrest73 PACE: treatment of those aged 1774 PACE: detention: use of live links75 PACE: interviews: use of live links76 PACE: audio recording of interviews77 PACE: duty to notify person interviewed that not to be prosecuted78 PACE: consultation on codes of practice79 Definition of appropriate adult in criminal justice legislationCHAPTER 4 POWERS UNDER THE MENTAL HEALTH ACT 198380 Extension of powers under sections 135 and 136 of the Mental Health Act 198381 Restrictions on places that may be used as places of safety82 Periods of detention in places of safety etc83 Protective searches: individuals removed etc under section 135 or 136 of theMental Health Act 1983 CHAPTER 5 MARITIME ENFORCEMENT: ENGLISH AND WELSH OFFENCESA pplication of maritime enforcement powers: general84 Application of maritime enforcement powers: general85 Restriction on exercise of maritime enforcement powersShips in Scotland waters: hot pursuit86 Hot pursuit of ships in Scotland waters87 Restriction on exercise of maritime enforcement powers in hot pursuitThe maritime enforcement powers88 Power to stop, board, divert and detain89 Power to search and obtain information90 Power of arrest and seizureSupplementary provision91 Maritime enforcement powers: supplementary: protective searches92 Maritime enforcement powers.

7 Other supplementary provision93 Maritime enforcement powers: offences94 Maritime enforcement powers: code of practice95 InterpretationPolicing and Crime Act 2017 (c. 3)viCHAPTER 6 MARITIME ENFORCEMENT: SCOTTISH OFFENCESA pplication of maritime enforcement powers: general96 Application of maritime enforcement powers: general97 Restriction on exercise of maritime enforcement powersShips in England and Wales waters: hot pursuit98 Hot pursuit of ships in England and Wales waters99 Restriction on exercise of maritime enforcement powers in hot pursuitThe maritime enforcement powers100 Power to stop, board, divert and detain101 Power to search and obtain information102 Power of arrest and seizureSupplementary provision103 Maritime enforcement powers: supplementary: protective searches104 Maritime enforcement powers: other supplementary provision105 Maritime enforcement powers.

8 Offences106 InterpretationCHAPTER 7 MARITIME ENFORCEMENT: NORTHERN IRISH OFFENCESA pplication of maritime enforcement powers: general107 Application of maritime enforcement powers: general108 Restriction on exercise of maritime enforcement powersThe maritime enforcement powers109 Power to stop, board, divert and detain110 Power to search and obtain information111 Power of arrest and seizureSupplementary provision112 Maritime enforcement powers: supplementary: protective searches113 Maritime enforcement powers: other supplementary provision114 Maritime enforcement powers: offences115 InterpretationCHAPTER 8 CROSS-BORDER ENFORCEMENT116 Extension of cross-border powers of arrest: urgent casesPolicing and Crime Act 2017 (c.)

9 3)vii117 Cross-border enforcement: powers of entry to effect arrest118 Cross-border enforcement: officers of Revenue and Customs119 Cross-border enforcement: minor and consequential amendmentsCHAPTER 9 MISCELLANEOUS120 Powers to require removal of disguises: oral authorisationPART 5 POLICE AND Crime COMMISSIONERS AND POLICE AREASD eputy PCCs etc: terms and eligibility121 Term of office of deputy police and Crime commissioners122 Eligibility of deputy police and Crime commissioners for election123 Deputy Mayor for Policing and Crime as member of local authorityNames of police areas124 Amendments to the names of police areasPART 6 FIREARMS AND PYROTECHNIC ARTICLESF irearms125 Firearms Act 1968: meaning of firearm etc126 Firearms Act 1968: meaning of antique firearm 127 Possession of articles for conversion of imitation firearms128 Controls on defectively deactivated weapons129 Controls on ammunition which expands on impact130 Authorised lending and possession of firearms for hunting etc131 Limited extension of firearm certificates etc132 Applications under the Firearms Acts: fees133 Guidance to police officers in respect of firearmsPyrotechnic articles134 Possession of pyrotechnic articles at musical eventsPART 7 ALCOHOL AND LATE NIGHT REFRESHMENTL icensing135 Meaning of alcohol : inclusion of alcohol in any state136 Interim steps pending review.

10 Representations137 Summary reviews of premises licences: review of interim steps138 Personal licences: licensing authority powers in relation to convictionsPolicing and Crime Act 2017 (c. 3)viii139 Licensing Act 2003: addition of further relevant offences140 Licensing Act 2003: guidance141 Cumulative impact assessmentsLate night levy142 Late night levy requirementsPART 8 FINANCIAL SANCTIONSI nterpretation143 InterpretationEnhanced maximum penalties144 Powers to create offences under section 2(2) ECA 1972: maximum term ofimprisonment145 Other offences: maximum term of imprisonmentCivil sanctions146 Power to impose monetary penalties147 Monetary penalties: procedural rights148 Monetary penalties: bodies corporate and unincorporated associations149 Monetary penalties.