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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Police and Criminal Evidence Act 1984 (Armed Forces) (Amendment) Order 2011 No. 2282 URL: http://www.bailii.org/uk/legis/num_reg/2011/uksi_20112282_en_1.html |
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Statutory Instruments
Defence
Made
14th September 2011
Laid before Parliament
15th September 2011
Coming into force
30th October 2011
The Secretary of State makes the following Order in exercise of the powers conferred by section 113(1) of the Police and Criminal Evidence Act 1984(1).
1.-(1) This Order may be cited as the Police and Criminal Evidence Act 1984 (Armed Forces) (Amendment) Order 2011 and comes into force on 30th October 2011.
(2) In this Order, "the 2009 Order" means the Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009(2).
2.-(1) The 2009 Order is amended as follows.
(2) In article 15(12), for "2 years" substitute "3 years".
(3) In paragraph 17(5)(a) of Schedule 2, for "2 years" substitute "3 years".
Andrew Robathan
Parliamentary Under Secretary of State
Ministry of Defence
14th September 2011
(This note is not part of the Order)
This Order is made under section 113(1) of the Police and Criminal Evidence Act 1984. It amends the Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009 (the "2009 Order"). Where a fingerprint, footwear impression or sample is taken from a person after commencement of the 2009 Order in connection with the investigation of a service offence, article 15 of that Order imposes a time limit on its retention if that person is not convicted of the service offence. Under article 15(12), that limit is 2 years from the date on which the fingerprint, footwear impression or sample was taken. "Sample" means an intimate sample (for example, a sample of blood) taken from a person under article 12 of the 2009 Order or a non-intimate sample (for example, saliva) taken from a person under article 13 of the 2009 Order. "Service offence" has the same meaning as in section 50 of the Armed Forces Act 2006.
Article 2(2) of this Order extends the time limit under article 15(12) to 3 years from the date on which the fingerprint, footwear impression or sample was taken.
Where a fingerprint, footwear impression or sample was taken from a person before commencement of the 2009 Order in connection with the investigation of a service offence, article 19 of, and Schedule 2 to, the 2009 Order impose a time limit on its retention if that person is not convicted of the service offence. Under paragraph 17(5)(a) of Schedule 2, that limit is 2 years from the date of commencement of the 2009 Order.
Article 2(3) of this Order extends that time limit to 3 years from the date of commencement of the 2009 Order.
