Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Police and Criminal Evidence Act 1984 and the Criminal Justice and Public Order Act 1994 (Application to Food Crime Officers) Regulations 2025 and come into force on 1st May 2025.

(2) These Regulations extend to England and Wales.

(3) In these Regulations—

“ applicable provision” means a provision of PACE or CJPOA that is applied by these Regulations, with or without modifications;

“ CJPOA” means the Criminal Justice and Public Order Act 1994;

“ PACE” means the Police and Criminal Evidence Act 1984.

Application of PACE

2.—(1) The following provisions of PACE apply, in relation to the conduct by food crime officers( 3) of investigations of offences, as they apply in relation to the conduct by police officers of investigations of offences, with the modifications set out in regulations 3 to 6—

(a) section 8(1) to (5) (power of justice of the peace to authorise entry and search of premises)( 4);

(b) section 9(1) (special provisions as to access)( 5);

(c) section 15 (search warrants—safeguards)( 6);

(d) section 16 (execution of warrants)( 7);

(e) section 18 (entry and search after arrest)( 8);

(f) section 19 (general power of seizure etc.)( 9);

(g) section 20 (extension of powers of seizure to computerised information)( 10);

(h) section 21 (access and copying)( 11);

(i) section 22(1) to (5) and (7) (retention)( 12);

(j) section 39 (responsibilities in relation to persons detained)( 13); and

(k) Schedule 1 (special procedure)( 14).

(2) In those provisions each reference to an offence includes an offence committed, or suspected of having been committed, before the coming into force of these Regulations or of section 114C of PACE.

General modification of the applicable provisions of PACE

3.  Each reference to—

(a) “constable”—

(i) in sections 8(1), (2) and (3)(d), 9(1), 15, 16, 21(1), (3)(a), (5) and (9) of, and Schedule 1 to, PACE, is to be read as including a reference to a “food crime officer”; and

(ii) in the other applicable provisions of PACE, is to be read as a reference to a “food crime officer”;

(b) an “offence”, or an “indictable offence”, in an applicable provision of PACE, is to be read as an offence investigated by a food crime officer; and

(c) “investigation”, in an applicable provision of PACE, is to be read as a reference to an investigation carried out by a food crime officer.

Modification of section 16 of PACE

4.  Section 16(5)(a) of PACE is to be read as if “, if not in uniform,” were omitted.

Modification of section 21 of PACE

5.  Section 21 of PACE is to be read as if—

(a) in subsection (2), after “The officer” there were inserted “or food crime officer”;

(b) each reference in subsections (3), (4) and (8) to “the officer” were a reference to “the food crime officer”; and

(c) in subsection (3)(b), the reference to “the police” were a reference to the Food Standards Agency.

Modification of section 39 of PACE

6.  Section 39 of PACE is to be read as if—

(a) in subsection (2)(a), after “another police officer” there were inserted “or a food crime officer”;

(b) the reference in subsection (3) to “the officer” were a reference to “the food crime officer”;

(c) in subsection (3A)—

(i) the reference to “ an officer” includes a food crime officer; and

(ii) for the words “another police officer” there were substituted “a food crime officer”;

(d) each reference in subsection (3B) to “officer” were a reference to “food crime officer”;

(e) each reference in subsection (3C) to “the officer” were a reference to “the food crime officer”;

(f) in subsection (3E)—

(i) for “the officer” in the first place it occurs, there were substituted “the food crime officer”; and

(ii) after “any legal representative of that person and the officer” there were inserted “or food crime officer”.

Application of CJPOA

7.  The following provisions of CJPOA apply, with the modifications set out in regulations 8 to 10, in relation to a food crime officer as they apply to a constable—

(a) section 36(1) to (4A), (6) and (7) (effect of accused’s failure or refusal to account for objects, substances or marks); and

(b) section 37(1) to (3A), (5) and (6) (effect of accused’s failure or refusal to account for presence at a particular place)( 15).

General modification of the applicable provisions of CJPOA

8.  Each reference to an “offence” in the applicable provisions of CJPOA is to be read as an offence investigated by a food crime officer.

Modification of section 36 of CJPOA

9.  Section 36 of CJPOA is to be read as if—

(a) in subsection (1)(b), after “constable”, in the first place it occurs, there were inserted “or a food crime officer”; and

(b) in subsections (1)(c) and (4) the reference to “ constable” includes a “food crime officer”.

Modification of section 37 of CJPOA

10.  Section 37 of CJPOA is to be read as if—

(a) in subsection (1)(b), after “constable” there were inserted “or a food crime officer”; and

(b) in subsections (1)(c) and (3) the reference to “ constable” includes a “food crime officer”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations apply certain provisions of the Police and Criminal Evidence Act 1984 (c. 60)(“ PACE”) to investigations undertaken by food crime officers (as defined in section 114C(3) of PACE).

Regulation 2 applies certain provisions of PACE to food crime officers, with the modifications set out in regulations 3 to 6.

Regulation 7 applies certain provisions of the Criminal Justice and Public Order Act 1994 (c. 33)to food crime officers, with the modifications set out in regulations 8 to 10.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.