Legislation – Policing and Crime Act 2017

Part 1
Emergency services collaboration

CHAPTER 1 Collaboration agreements

1 Collaboration agreements

2 Duties in relation to collaboration agreements

3 Collaboration agreements: specific restrictions

4 Collaboration agreements: supplementary

5 Collaboration agreements: definitions

CHAPTER 2 Police and crime commissioners etc: fire and rescue functions

6 Provision for police and crime commissioner to be fire and rescue authority

7 Involvement of police and crime commissioner in fire and rescue authority

8 Combined authority mayors: exercise of fire and rescue functions

CHAPTER 3 London Fire Commissioner

9 The London Fire Commissioner

10 Transfer of property, rights and liabilities to the London Fire Commissioner

CHAPTER 4 Inspection of fire and rescue services

11 Inspection of fire and rescue services

12 Fire safety inspections

Part 2
Police complaints, discipline and inspection

CHAPTER 1 Police complaints

13 Local policing bodies: functions in relation to complaints

14 Definition of police complaint

15 Duty to keep complainant and other interested persons informed

16 Complaints, conduct matters and DSI matters: procedure

17 Initiation of investigations by IPCC

18 IPCC power to require re-investigation

19 Sensitive information received by IPCC: restriction on disclosure

20 Investigations by IPCC: powers of seizure and retention

21 References to England and Wales in connection with IPCC functions

22 Oversight functions of local policing bodies

23 Delegation of functions by local policing bodies

24 Transfer of staff to local policing bodies

CHAPTER 2 Police super-complaints

25 Power to make super-complaints

26 Bodies who may make super-complaints

27 Regulations about super-complaints

CHAPTER 3 Whistle-blowing: power of IPCC to investigate

28 Investigations by the IPCC: whistle-blowing

CHAPTER 4 Police discipline

29 Disciplinary proceedings: former members of police forces and former special constables

30 Police barred list and police advisory list

31 Appeals to Police Appeals Tribunals

32 Guidance concerning disciplinary proceedings and conduct etc

CHAPTER 5 IPCC: re-naming and organisational change

33 Independent Office for Police Conduct

34 Exercise of functions

35 Public records

CHAPTER 6 Inspection

36 Powers of inspectors to obtain information, access to police premises etc

37 Inspectors and inspections: miscellaneous

Part 3
Police workforce and representative institutions

CHAPTER 1 Police workforce

Powers of police civilian staff and volunteers

38 Powers of police civilian staff and police volunteers

39 Application of Firearms Act 1968 to the police: special constables and volunteers

40 Training etc of police volunteers

41 Police volunteers: complaints and disciplinary matters

42 Police volunteers: police barred list and police advisory list

43 Police volunteers: inspection

44 Restrictions on designated persons acting as covert human intelligence sources

45 Further amendments consequential on section 38 etc

Removal of powers of police to appoint traffic wardens

46 Removal of powers of police in England and Wales to appoint traffic wardens

Police rank structure

47 Power to make regulations about police ranks

48 Section 47: consequential amendments

CHAPTER 2 Representative institutions

49 Duties of Police Federation for England and Wales in fulfilling its purpose

50 Freedom of Information Act etc: Police Federation for England and Wales

51 Removal of references to ACPO

Part 4
Police powers

CHAPTER 1 Pre-charge bail

Release without bail or on bail

52 Arrest elsewhere than at a police station: release before charge

53 Section 52: consequential amendments

54 Release from detention at a police station

55 Release following arrest for breach of bail etc

56 Release from further detention at police station

57 Warrants of further detention: release

58 Meaning of “pre-conditions for bail”

59 Release without bail: fingerprinting and samples

60 Release under section 24A of the Criminal Justice Act 2003

Conditions of bail

61 Bail before charge: conditions of bail etc

Time limits on period of bail

62 Limit on period of bail under section 30A of PACE

63 Limits on period of bail without charge under Part 4 of PACE

64 Section 63: consequential amendments

Re-arrest of person released under provisions of PACE

65 Release under provisions of PACE: re-arrest

Notification of decision not to prosecute

66 Duty to notify person released under section 34, 37 or 37CA of PACE that not to be prosecuted

67 Duty to notify person released under any of sections 41 to 44 of PACE that not to be prosecuted

Breach of pre-charge bail conditions relating to travel

68 Offence of breach of pre-charge bail conditions relating to travel

69 Offence of breach of pre-charge bail conditions relating to travel: interpretation

CHAPTER 2 Retention of biometric material

70 Retention of fingerprints and DNA profiles: PACE

71 Retention of fingerprints and DNA profiles: Terrorism Act 2000

CHAPTER 3 Powers under PACE: miscellaneous

72 PACE: entry and search of premises for the purpose of arrest

73 PACE: treatment of those aged 17

74 PACE: detention: use of live links

75 PACE: interviews: use of live links

76 PACE: audio recording of interviews

77 PACE: duty to notify person interviewed that not to be prosecuted

78 PACE: consultation on codes of practice

79 Definition of “appropriate adult” in criminal justice legislation

CHAPTER 4 Powers under the Mental Health Act 1983

80 Extension of powers under sections 135 and 136 of the Mental Health Act 1983

81 Restrictions on places that may be used as places of safety

82 Periods of detention in places of safety etc

83 Protective searches: individuals removed etc under section 135 or 136 of the Mental Health Act 1983

CHAPTER 5 Maritime enforcement: English and Welsh offences

Application of maritime enforcement powers: general

84 Application of maritime enforcement powers: general

85 Restriction on exercise of maritime enforcement powers

Ships in Scotland waters: hot pursuit

86 Hot pursuit of ships in Scotland waters

87 Restriction on exercise of maritime enforcement powers in hot pursuit

The maritime enforcement powers

88 Power to stop, board, divert and detain

89 Power to search and obtain information

90 Power of arrest and seizure

Supplementary provision

91 Maritime enforcement powers: supplementary: protective searches

92 Maritime enforcement powers: other supplementary provision

93 Maritime enforcement powers: offences

94 Maritime enforcement powers: code of practice

95 Interpretation

CHAPTER 6 Maritime enforcement: Scottish offences

Application of maritime enforcement powers: general

96 Application of maritime enforcement powers: general

97 Restriction on exercise of maritime enforcement powers

Ships in England and Wales waters: hot pursuit

98 Hot pursuit of ships in England and Wales waters

99 Restriction on exercise of maritime enforcement powers in hot pursuit

The maritime enforcement powers

100 Power to stop, board, divert and detain

101 Power to search and obtain information

102 Power of arrest and seizure

Supplementary provision

103 Maritime enforcement powers: supplementary: protective searches

104 Maritime enforcement powers: other supplementary provision

105 Maritime enforcement powers: offences

106 Interpretation

CHAPTER 7 Maritime enforcement: Northern Irish offences

Application of maritime enforcement powers: general

107 Application of maritime enforcement powers: general

108 Restriction on exercise of maritime enforcement powers

The maritime enforcement powers

109 Power to stop, board, divert and detain

110 Power to search and obtain information

111 Power of arrest and seizure

Supplementary provision

112 Maritime enforcement powers: supplementary: protective searches

113 Maritime enforcement powers: other supplementary provision

114 Maritime enforcement powers: offences

115 Interpretation

CHAPTER 8 Cross-border enforcement

116 Extension of cross-border powers of arrest: urgent cases

117 Cross-border enforcement: powers of entry to effect arrest

118 Cross-border enforcement: officers of Revenue and Customs

119 Cross-border enforcement: minor and consequential amendments

CHAPTER 9 Miscellaneous

120 Powers to require removal of disguises: oral authorisation

Part 5
Police and crime commissioners and police areas

121 Term of office of deputy police and crime commissioners

122 Eligibility of deputy police and crime commissioners for election

123 Deputy Mayor for Policing and Crime as member of local authority

124 Amendments to the names of police areas

Part 6
Firearms and pyrotechnic articles

125 Firearms Act 1968: meaning of “firearm” etc

126 Firearms Act 1968: meaning of “antique firearm”

127 Possession of articles for conversion of imitation firearms

128 Controls on defectively deactivated weapons

129 Controls on ammunition which expands on impact

130 Authorised lending and possession of firearms for hunting etc

131 Limited extension of firearm certificates etc

132 Applications under the Firearms Acts: fees

133 Guidance to police officers in respect of firearms

134 Possession of pyrotechnic articles at musical events

Part 7
Alcohol and late night refreshment

135 Meaning of “alcohol”: inclusion of alcohol in any state

136 Interim steps pending review: representations

137 Summary reviews of premises licences: review of interim steps

138 Personal licences: licensing authority powers in relation to convictions

139 Licensing Act 2003: addition of further relevant offences

140 Licensing Act 2003: guidance

141 Cumulative impact assessments

142 Late night levy requirements

Part 8
Financial sanctions

143 Interpretation

144 Powers to create offences under section 2(2) ECA 1972: maximum term of imprisonment

145 Other offences: maximum term of imprisonment

146 Power to impose monetary penalties

147 Monetary penalties: procedural rights

148 Monetary penalties: bodies corporate and unincorporated associations

149 Monetary penalties: supplementary

150 Deferred prosecution agreements

151 Serious crime prevention orders

152 Implementation of UN financial sanctions Resolutions: temporary regulations

153 Content of regulations under section 152

154 Linking of UN financial sanctions Resolutions with EU financial sanctions Regulations

155 Implementation of UN financial sanctions Resolutions: temporary listing

156 Extension to the Bailiwick of Guernsey, Isle of Man and BOTs

Part 9
Miscellaneous and general

CHAPTER 1 Miscellaneous

Police collaboration

157 Power to enter into police collaboration agreements

158 Powers of NCA officers in relation to customs matters

Requirements to confirm nationality

159 Requirement to state nationality

160 Requirement to produce nationality document

161 Pilot schemes

162 Requirement to give information in criminal proceedings

Seizure etc of travel documents

163 Powers to seize etc invalid travel documents

Pardons for certain abolished offences etc

164 Posthumous pardons for convictions etc of certain abolished offences: England and Wales

165 Other pardons for convictions etc of certain abolished offences: England and Wales

166 Power to provide for disregards and pardons for additional abolished offences: England and Wales

167 Sections 164 to 166: supplementary

168 Disregarding certain convictions etc for abolished offences: Northern Ireland

169 Posthumous pardons for convictions etc of certain abolished offences: Northern Ireland

170 Other pardons for convictions etc of certain abolished offences: Northern Ireland

171 Power to provide for disregards and pardons for additional abolished offences: Northern Ireland

172 Sections 169 to 171: supplementary

Forced marriage: anonymity for victims

173 Anonymity of victims of forced marriage: England and Wales

174 Anonymity of victims of forced marriage: Northern Ireland

175 Sentences for offences of putting people in fear of violence etc

Protection of children and vulnerable adults

176 Child sexual exploitation: streaming indecent images

177 Licensing functions under taxi and PHV legislation: protection of children and vulnerable adults

Coroners’ investigations into deaths

178 Coroners’ investigations into deaths: meaning of “state detention”

Powers of Scottish litter authorities

179 Powers of litter authorities in Scotland

CHAPTER 2 General

180 Consequential amendments, repeals and revocations

181 Financial provision

183 Commencement

184 Short title

SCHEDULES

SCHEDULE 1 Provision for police and crime commissioner to be fire and rescue authority

SCHEDULE 2 The London Fire Commissioner

SCHEDULE 3 Schedule to be inserted as Schedule A3 to the Fire and Rescue Services Act 2004

SCHEDULE 4 Amendments consequential on the amended definition of police complaint

SCHEDULE 5 Complaints, conduct matters and DSI matters: procedure

SCHEDULE 6 Schedule to be inserted as Schedule 3A to the Police Reform Act 2002

SCHEDULE 7 Disciplinary proceedings: former members of MoD Police, British Transport Police and Civil Nuclear Constabulary

SCHEDULE 8 Part to be inserted as Part 4A of the Police Act 1996

SCHEDULE 9 Independent Office for Police Conduct

SCHEDULE 10 Schedule to be inserted as Schedule 3B to the Police Reform Act 2002

SCHEDULE 11 Schedule to be inserted as Schedule 3C to the Police Reform Act 2002

SCHEDULE 12 Powers of civilian staff and volunteers: further amendments

SCHEDULE 13 Abolition of office of traffic warden

SCHEDULE 14 Removal of references to ACPO

SCHEDULE 15 Schedule to be inserted as Schedule 7A to the Criminal Justice and Public Order Act 1994

SCHEDULE 16 Schedule to be inserted as Schedule 7B to the Criminal Justice and Public Order Act 1994

SCHEDULE 17 Cross-border enforcement: minor and consequential amendments

SCHEDULE 18 Late night levy requirements

SCHEDULE 19 Amendments where NCA is party to police collaboration agreement

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

Policing and Crime Act 2017, Section 165 is up to date with all changes known to be in force on or before 06 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Section 165:

specified provision(s) amendment to earlier commencing S.I. 2017/1139, reg. 2 by S.I. 2017/1162 reg. 2

Part 9Miscellaneous and general

CHAPTER 1Miscellaneous

Pardons for certain abolished offences etc

165Other pardons for convictions etc of certain abolished offences: England and Wales

(1)

This section applies to a person who has been convicted of, or cautioned for, an offence F1in the circumstances mentioned in section 92(1) of the Protection of Freedoms Act 2012 and who is living at the time this section comes into force.

(2)

If, at the time this section comes into force, the person’s conviction or caution has become a disregarded conviction or caution under Chapter 4 of Part 5 of the Protection of Freedoms Act 2012, the person is pardoned for the offence.

(3)

If, at any time after this section comes into force, the person’s conviction or caution becomes a disregarded conviction or caution under Chapter 4 of Part 5 of the Protection of Freedoms Act 2012, the person is also pardoned for the offence at that time.

(4)

Expressions used in this section or section 167(1)
(so far as relating to this section) and in Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 have the same meaning in this section or (as the case may be) section 167(1) as in that Chapter (see section 101 of that Act).