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(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 1 st January 2006.
(2) This Order extends to England and Wales.
(1) The Police and Criminal Evidence Act 1984 (Application to Customs and Excise) Order 1985 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 1 for the words “section 24(6)” there is substituted “section 24(2)”.
Article 17(13) of the Serbia and Montenegro (United Nations Sanctions) Order 1992 is revoked.
Article 10(12) of the United Nations Arms Embargoes (Liberia, Somalia and the Former Yugoslavia) Order 1993 is revoked.
In paragraph 2(1)(c) of Part 1 of Schedule 3 to the Channel Tunnel (International Arrangements) Order 1993 , for the words “arrestable offence (within the meaning of section 24 of the 1984 Act)” there is substituted “indictable offence”.
Article 19(12) of the Libya (United Nations Sanctions) Order 1993 is revoked.
In articles 14(11) and 15(11)(a) of the Channel Tunnel (Security) Order 1994 , for the words “sections 17, 24 and 25” there is substituted “sections 17, 24 and 24A”.
Article 17(12) of the Haiti (United Nations Sanctions) Order 1994 is revoked.
In regulation 101(2) of the Conservation (Natural Habitats, &c) Regulations 1994 for the words “section 25” there is substituted “section 24”.
(1) The United Nations (International Tribunal) (Former Yugoslavia) Order 1996 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”.
(1) The United Nations (International Tribunal) (Rwanda) Order 1996 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”.
In column 2 of the Schedule to the Police and Criminal Evidence Act 1984 (Application to Armed Forces) Order 1997 , for “a serious arrestable offence”, in each place where it occurs, there is substituted “an indictable offence”.
Article 12(12) of the Federal Republic of Yugoslavia (United Nations Sanctions) Order 1998 is revoked.
Article 11(6) of the Iraq (United Nations Sanctions) Order 1994 is revoked.
Article 10(10) of the Terrorism (United Nations Measures) Order 2001 is revoked.
Article 20(13) of the Al-Qa'ida and Taliban (United Nations Measures) Order 2002 is revoked.
In the definition of “ DTI Investigation” in article 2 of the Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002 , for “a serious arrestable offence”, in both places, there is substituted “an indictable offence”.
Article 16(12) of the Somalia (United Nations Sanctions) Order 2002 is revoked.
Article 20(12) of the Iraq (United Nations Sanctions) Order 2003 is revoked.
In article 5(3) of the Nationality, Immigration and Asylum (Juxtaposed Controls) Order 2003 , for “a serious arrestable offence” there is substituted “an indictable offence”.
In article 2(3) of the Extradition Act 2003 (Police Powers) Order 2003 , for “a serious arrestable offence”, in both places, there is substituted “an indictable offence”.
Article 15(12) of the Liberia (United Nations Sanctions) Order 2004 is revoked.
For paragraph (2) of regulation 4 of the Sudan (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004 , 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.
For paragraph (2) of regulation 4 of the Liberia (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004 , 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.
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 2004 , 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.
(1) The Police (Complaints and Misconduct) Regulations 2004 are amended as follows.
(2) In regulation 1(2) the following definition is inserted before the definition of “working day”–
“a relevant offence” means—
an offence for which the sentence is fixed by law,
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 1980 ;
(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;
For regulation 24(2)(c)(iii) of the Ministry of Defence Police (Conduct) Regulations 2004 , there is substituted the following paragraph—
(iii) an indictable offence.
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 2004 , 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.
Article 9(12) of the Ivory Coast (United Nations Sanctions) Order 2005 is revoked.
Article 10(6) of the Sudan (United Nations Measures) Order 2005 is revoked.
Article 10(6) of the Democratic Republic of the Congo (United Nations Measures) Order 2005 is revoked.
The Serious Organised Crime and Police Act 2005 (Powers of Arrest) (Consequential Amendments) Order 2005 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2005-3389
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