The Policing and Crime Act 2017 (c. 3) is an omnibus act of the Parliament of the United Kingdom. It received royal assent on 31 January 2017.

Synopsis

The act enacts various changes to existing rules involving PCCs, complaints through the IPCC, amendments to PACE 1984 etc.

PCSOs

One notable change involves the expansion of powers to police staff and introduces voluntary police community support officers (PCSOs). It is also expands the powers of a PCSO to "any power or duty of a constable, other than a power or duty specified in Part 1 of Schedule 3B (excluded powers and duties)".[4] Part 6 of the act brings clarity to the classifying guns under the Firearms Act 1968, based on recommendations from the Law Commission.[5]

Police bail procedure

See also: Police and Criminal Evidence Act 1984

Another change relates to police bail, which can now only be authorised by an officer of inspector rank or higher (so normally a suspect will now be released without bail if not charged[citation needed]), and extending this period is now only possible once by authorisation of a superintendent officer, or again by a magistrates' court; previously it was possible for police to effectively restrain a person indefinitely by extending the bail period every 28 days. Controversially this has led police forces to adopt an alternative method of 'release under investigation' (RUI) with no time limits or conditions, requiring a suspect to respond by post.[6][7][8][9][10]

In December 2020, Her Majesty's Inspectorate of Constabulary and Fire & Rescue Services released a report on RUI.[11]

In November 2017, Hertfordshire Constabulary released under the Freedom of Information Act 2000 a copy of the template RUI form used by them.[12]

Alan Turing law

The Act also offers a pardon to men convicted for homosexual acts that are no longer considered criminal offences.[13] This is sometimes informally referred to as the Alan Turing law, named for Alan Turing, the mathematician and World War II codebreaker, who was convicted of gross indecency in 1952.

See also

References

  1. ^ a b "Policing and Crime Act 2017 — UK Parliament". parliament.uk. Retrieved 5 February 2017.
  2. ^ "Minister of State (Minister for Countering Extremism)". GOV.UK.
  3. ^ "3". Policing and Crime Act 2017 (PDF).
  4. ^ "Policing and Crime Act". gov.uk. Retrieved 2 February 2017.
  5. ^ "Firearms recommendations become law". Law Commission. 31 January 2017. Archived from the original on 2 February 2017.
  6. ^ Fouzder, Monidipa (15 May 2019). "Releasing suspects under investigation is having 'terrible consequences'". The Law Society Gazette.
  7. ^ "Released under investigation – What can and should be done?". Wells Burcombe LLP. Retrieved 3 July 2021.
  8. ^ Sharp, Sam (10 March 2020). "The Criminal Purgatory – Release Under Investigation – is the end in sight?". QS Jordans. Crime Jottings.
  9. ^ Bowcott, Owen (9 October 2019). "Sharp rise in suspects being released without bail conditions". The Guardian.
  10. ^ Bowcott, Owen (10 June 2019). "Suspects left in legal limbo by delays to inquiries, say solicitors". The Guardian.
  11. ^ "Pre-charge bail and released under investigation: striking a balance". Her Majesty's Inspectorate of Constabulary and Fire & Rescue Services. 8 December 2020.
  12. ^ "REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2000 Ref No: FOI2017/01125" (PDF). Hertfordshire Constabulary. 23 November 2017.
  13. ^ "Policing and Crime Act 2017 (Part 9, Chapter 1, Sections 164 to 172)". legislation.gov.uk. Retrieved 23 September 2022.

External links