The Protection of Freedoms Act 2012 (Consequential Amendments) No. 3 Order 2013
This Order makes consequential amendments to the Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542)(“the principal Order”), which applies specified provisions of the Police and Criminal Evidence Act 1984 (c.60)(“PACE”) to criminal investigations conducted by immigration officers and designated customs officials and to persons detained by designated customs officials. In particular it removes the reference to section 64 of PACE from Schedule 2 of Part 1 in the principal Order and replaces it with references to sections 63R, 63T and 63U of PACE. This is to give effect to the fact that the Protection of Freedoms Act 2012 (c.9) repealed section 64 of PACE, which was concerned with the destruction of fingerprints and samples taken for the purpose of a criminal investigation, and replaced it with a number of statutory provisions governing the destruction, retention and use of fingerprints and samples. Only the provisions which apply to the destruction, retention and use of samples (not fingerprints) are to be applied under the principal Order and they are only to apply to criminal investigations conducted by designated customs officials (not immigration officers) and to persons detained by designated customs officials.