Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
There are currently no known outstanding effects for the Police, Crime, Sentencing and Courts Act 2022, Section 42.
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PART 2Prevention, investigation and prosecution of crime
CHAPTER 3Extraction of information from electronic devices
I242Code of practice about the extraction of information
I31
The Secretary of State must prepare a code of practice containing guidance about the exercise of the powers in sections 37(1) and 41(1).
I32
The code may make different provision for different purposes or areas.
I33
In preparing the code, the Secretary of State must consult—
a
the Information Commissioner,
b
the Scottish Ministers,
c
the Department of Justice in Northern Ireland,
d
the Commissioner for Victims and Witnesses,
e
the Domestic Abuse Commissioner,
f
the Commission for Victims and Survivors for Northern Ireland, and
g
such other persons as the Secretary of State considers appropriate.
I34
Subsection (3)(f) does not apply on or after the day appointed under Article 4(4) of the Victims and Survivors (Northern Ireland) Order 2006 (S.I. 2006/2953 (N.I. 17)) (power to revoke Article 4).
I35
After preparing the code, the Secretary of State must lay it before Parliament and publish it.
I36
The code is to be brought into force by regulations made by statutory instrument.
I37
A statutory instrument containing regulations under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.
I18
After the code has come into force the Secretary of State may from time to time revise it.
I19
A failure on the part of an authorised person to act in accordance with the code does not of itself render the person liable to any criminal or civil proceedings.
I110
But the code is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to act in accordance with it in determining a question in the proceedings.
I111
I112
The duty to consult in subsection (3) does not apply in relation to the preparation of a revised code if the Secretary of State considers that the proposed revisions are insubstantial.