Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Section 39 is up to date with all changes known to be in force on or before 05 November 2025. 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.
Changes and effects yet to be applied to Section 39:
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
PART 2Prevention, investigation and prosecution of crime
CHAPTER 3Extraction of information from electronic devices
39Requirements for voluntary provision and agreement
(1)
A person (“P”) is to be treated for the purposes of section 37 or 38 as having—
(a)
voluntarily provided an electronic device to an authorised person, and
(b)
agreed to the extraction of information from the device by an authorised person,
only if the requirements of this section have been met.
(2)
An authorised person must not have placed undue pressure on P to provide the device or agree to the extraction of information from it.
(3)
An authorised person must have given P notice in writing—
(a)
specifying or describing the information that is sought,
(b)
specifying the reason why the information is sought,
(c)
specifying how the information will be dealt with once it has been extracted,
(d)
stating that P may refuse to provide the device or agree to the extraction of information from it, and
(e)
stating that the investigation or enquiry for the purposes of which the information is sought will not be brought to an end merely because P refuses to provide the device or agree to the extraction of information from it.
(4)
Subject to subsection (5), P must have confirmed in writing that P has—
(a)
voluntarily provided the device to an authorised person, and
(b)
agreed to the extraction of information from the device by an authorised person.
(5)
If P was unable to provide that confirmation in writing as a result of P’s physical impairment or lack of literacy skills—
(a)
P must have given that confirmation orally, and
(b)
an authorised person must have recorded P’s confirmation in writing.
(6)
If P’s confirmation was given in writing and in hard copy form, the authorised person must have given P a copy of that confirmation (in hard copy or electronic form).
(7)
If P’s confirmation was given orally, the authorised person must have given P a copy of the record of that confirmation (in hard copy or electronic form).