CRIMINAL INVESTIGATION ACT 2006

Table of Provisions

• Long Title

PART 1 -- Preliminary  

• 1 Short title
 
• 2 Commencement
 
• 3 Terms used
 
• 4 Reasonably suspects, meaning of
 
• 5 Thing relevant to offence, meaning of
 
• 5A Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies
 
• 6 Other written laws, this Act’s relationship with
 
• 7 Common law, this Act’s relationship with
 
• 8A Authority required for some investigations
 
• 8 Officer’s powers as individual not affected
 
• 9 Public officers may be authorised to exercise powers
 
• 10 Informing people who do not understand English
 
• 11 Officers’ duty to identify themselves
 
• 12 Delegation by officers
 
• 13 Warrants and orders, applying for

PART 2 -- Ancillary provisions about exercising powers  

• 14 When powers may be exercised
 
• 15 Assistance to exercise powers
 
• 16 Force, use of when exercising powers
 
• 17 Animals, use of by officers exercising powers
 
• 18 Roadblocks, use of to stop vehicles
 
• 19 Stopping vehicles, powers in connection with
 
• 20 Power to enter includes power to enter some other places
 
• 21 Forensic examination of thing relevant to offence
 
• 22 Gender of person, ascertaining
 
• 23 Consent to search or procedure, presumption against and withdrawal of

PART 3 -- Citizens’ powers  

• 24 Prevention of offences and violence
 
• 25 Citizen’s arrest
 
• 26 Person in command of vehicle, powers of

PART 4 -- Miscellaneous official powers and duties  

• 27 Suspects and others may be ordered to move on
 
• 28 Persons accompanying officers to be informed of rights

PART 5 -- Entering and searching places and vehicles

Division 1 -- General  

• 29 Places with 2 or more occupiers, interpretation
 
• 30 Entry and search with occupier’s consent
 
• 31 Occupier’s rights

Division 2 -- Powers without a search warrant  

• 32A Terms used
 
• 32 Warrant not required to exercise this Division’s powers
 
• 33 Public open area, search powers in
 
• 34 Public place, entry to keep order in
 
• 35 Place or vehicle, entry of to prevent violence
 
• 36 Place or vehicle, entry of to attend to dead or seriously ill or injured person
 
• 37 Place or vehicle, entry of to investigate serious event
 
• 38A Authorisation to enter place or vehicle to prevent or disperse out-of-control gathering
 
• 38B Entry of place or vehicle to prevent or disperse out-of-control gathering
 
• 38C Offence not to comply with order relating to out-of-control gathering
 
• 38 Vehicle, searches of to prevent offences, damage etc.
 
• 39 Vehicle, search of for things relevant to offence
 
• 40 Place, entry of to establish protected forensic area for serious offence

Division 3 -- Powers with a search warrant  

• 41 Search warrant, application for
 
• 42 Search warrant, issue of
 
• 43 Search warrant, effect of
 
• 44 Search warrant, ancillary powers under
 
• 45 Search warrant, execution of

Division 4 -- Protected forensic areas  

• 46 Protected forensic area, establishment of
 
• 47 Protected forensic area, powers in relation to
 
• 48 Protected forensic area, continuance of
 
• 49 Protected forensic area, review of need for

PART 6 -- Obtaining business records  

• 50 Terms used
 
• 51 Application of this Part
 
• 52 Order to produce, application for
 
• 53 Order to produce, issue of
 
• 54 Order to produce, service of
 
• 55 Order to produce, effect of
 
• 56 Produced records, powers in respect of

PART 7 -- Gaining access to data controlled by suspects  

• 57 Terms used
 
• 58 Data access order, application for
 
• 59 Data access order, issue of
 
• 60 Data access order, service of
 
• 61 Data access order, effect of

PART 8 -- Searching people

Division 1 -- Preliminary  

• 62 Terms used
 
• 63 Basic search, meaning of
 
• 64 Strip search, meaning of
 
• 65 Searches, ancillary powers for
 
• 66 How searches must be done

Division 2 -- General powers to search people  

• 67 Warrant not required to exercise this Division’s powers
 
• 68 Searching people for things relevant to offences
 
• 69A Searching people for things relevant to prohibited behaviour orders
 
• 69B Searching people for things relevant to interim control orders or control orders
 
• 69 People and vehicles in public places, search of for security purposes

Division 3 -- How searches must be done  

• 70 Basic search or strip search, rules for doing
 
• 71 Basic search, additional rules for doing
 
• 72 Strip search, additional rules for doing

PART 9 -- Forensic procedures on people

Division 1 -- Preliminary  

• 73 Terms used
 
• 74 Non-intimate forensic procedure, meaning of and powers for
 
• 75 Intimate forensic procedure, meaning of and powers for
 
• 76 Internal forensic procedure, meaning of and powers for
 
• 77 Forensic procedures, purpose of
 
• 78 How forensic procedures must be done

Division 2 -- Forensic procedures on volunteers  

• 79 Term used: volunteer
 
• 80 Volunteer for forensic procedure to be informed
 
• 81 When forensic procedure may be done on volunteer

Division 3 -- Forensic procedures on deceased people  

• 82 Forensic procedures on deceased people

Division 4 -- Forensic procedures on victims and witnesses  

• 83 Request to adult to undergo forensic procedure
 
• 84 Request for protected person to undergo forensic procedure
 
• 85 Request and giving of information to be recorded
 
• 86 Forensic procedure, when it may be done
 
• 87 Consent may be withdrawn
 
• 88 Officer may apply for FP warrant (involved person)
 
• 89 FP warrant (involved person), application for
 
• 90 FP warrant (involved person), issue and effect of

Division 5 -- Forensic procedures on suspects  

• 91 Request to adult to undergo forensic procedure
 
• 92 Request for protected person to undergo forensic procedure
 
• 93 Request and giving of information to be recorded
 
• 94 Forensic procedure, when it may be done
 
• 95 Consent may be withdrawn
 
• 96 Application for approval or FP warrant (suspect)
 
• 97 Non-intimate forensic procedure on adult, application for approval to do
 
• 98 Non-intimate forensic procedure on adult, senior officer may approve
 
• 99 FP warrant (suspect), application for
 
• 100 FP warrant (suspect), issue and effect of

Division 6 -- How forensic procedures must be done  

• 101 General requirements
 
• 102 Gender of people doing forensic procedures
 
• 103 Who may do forensic procedure
 
• 104 Samples, things etc., how to be taken

Division 7 -- Dealing with things found during a forensic procedure  

• 105 Things found by chance during forensic procedure
 
• 106 Things found may be seized and examined

Division 8 -- Admissibility of certain evidence  

• 107 Evidence of refusal of consent etc.
 
• 108 Evidence of how procedure was done

PART 10 -- Provisions about searches and forensic procedures on people  

• 109 Term used: body search
 
• 110 Body searches and forensic procedures may be repeated
 
• 111 People not obliged to do searches etc.
 
• 112 Forensic information, use and destruction of
 
• 113 Disclosure of photographs obtained under Part 8 or
 
• 114 Legal protection for people carrying out searches etc.

PART 11 -- Interviewing suspects  

• 115 Terms used
 
• 116 Interviews, conduct of
 
• 117 Recorded interview to be made available to suspect
 
• 118 Admission in serious case inadmissible unless recorded
 
• 119 Recording admitted as evidence, jury may play
 
• 120 Recordings of interviews, possession etc. restricted
 
• 121 Recorded interview, broadcast prohibited
 
• 122 Recordings, court may give directions as to supply etc.
 
• 123 Recordings to be retained by police and CCC
 
• 124 Recordings may be played for teaching purposes

PART 12 -- Arrest and related matters

Division 1 -- Preliminary  

• 125 Terms used
 
• 126 Proceedings by summons etc. not prevented

Division 2 -- Arrest without an arrest warrant  

• 127 Arrest warrant not required to exercise this Division’s powers
 
• 128 Arrest power for offences

Division 3 -- Ancillary powers to making an arrest  

• 129 Warrant not required to exercise this Division’s powers
 
• 130 Occupier’s rights if place entered
 
• 131 Powers exercisable on search under this Division
 
• 132 Places may be entered and vehicles may be stopped
 
• 133 Places and vehicles of certain arrested suspects may be searched for evidence
 
• 134 Escapees, additional powers to aid recapture

Division 4 -- Searches of people in custody for security purposes  

• 135 Certain people in custody may be searched

Division 5 -- Dealing with arrested people  

• 136 Young Offenders Act 1994 not affected
 
• 137 Arrested people, rights of
 
• 138 Arrested suspects, rights of
 
• 139 Arrested suspects, detention of
 
• 140 Detention period for arrested suspects
 
• 141 Reasonable period of detention, factors determining
 
• 142 Arrested suspects, charging and releasing
 
• 143 Other arrested people, dealing with

Division 6 -- Miscellaneous  

• 144 Possession of warrant at time of arrest not necessary

PART 13 -- Seizing things and related matters  

• 145 Application
 
• 146 Things relevant to offence, grounds for seizing
 
• 147 Seizing things, ancillary powers
 
• 148 Records relevant to offence
 
• 149 Records, powers to facilitate seizing
 
• 150 Seized things, list to be supplied on request
 
• 151 Privileged material, procedure on seizure of
 
• 152 Criminal and Found Property Disposal Act 2006 applies

PART 14 -- Miscellaneous  

• 153 Order by officer, offence to not obey
 
• 154 Evidence obtained improperly
 
• 155 Inadmissible evidence, court may allow admission
 
• 156 Regulations
 
• 157 Review of Act

PART 15 -- Validation  

• 158 Validation relating to definition of serious offence in s. 128(1)
  Uncommenced provisions table   Other notes Defined terms