The Police and Criminal Evidence Act 1984 and the Criminal Justice and Public Order Act 1994 (Application to Food Crime Officers) Regulations 2025
These regulations, effective May 1st, 2025, extend certain provisions of the Police and Criminal Evidence Act 1984 (PACE) and the Criminal Justice and Public Order Act 1994 (CJPOA) to food crime officers in England and Wales.
Specifically, they grant food crime officers powers related to entry, search, seizure, and detention, subject to modifications outlined in the regulations.
The changes aim to enhance the investigation and prosecution of food-related crimes.
Arguments For
Improved Food Crime Investigation: Extending these powers allows for more effective investigation and prosecution of food crime, enhancing public safety and consumer protection.
Enhanced Deterrent Effect: Granting food crime officers similar powers to police officers may deter fraudulent and illegal activities within the food industry.
Streamlined Enforcement: The regulations provide a clearer legal framework for food crime investigations, streamlining the process and making it more efficient.
Legal and Historical Basis: The regulations are based on existing legislation (Police and Criminal Evidence Act 1984 and Criminal Justice and Public Order Act 1994), providing a solid legal foundation for the expanded powers.
Arguments Against
Potential for Overreach: Expanding police-like powers to food crime officers might lead to unintended consequences such as overzealous enforcement or misuse of authority.
Resource Implications: Providing adequate training and oversight for food crime officers with these expanded powers may require significant additional resources.
Alternative Approaches: Alternative methods of enforcing food safety regulations, such as increased collaboration between agencies or enhanced regulatory inspections, could be explored.
Impact on Businesses: The increased investigative powers could potentially place an added burden on food businesses, particularly smaller ones, during investigations.
- Citation, commencement, extent and interpretation (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.
This section provides the title and effective date (May 1st, 2025) for these regulations, stating their applicability to England and Wales.
It also defines key terms used throughout the document: "applicable provision," "CJPOA," and "PACE."
- Application of PACE (1) The following provisions of PACE apply, in relation to the conduct by food crime officers3 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.
This section lists specific sections of the Police and Criminal Evidence Act 1984 (PACE) that now apply to food crime officers.
These sections cover various investigative powers such as search and seizure.
The modifications to these provisions are detailed in regulations 3 to 6.
The section clarifies that the provisions also include offenses committed before the regulations came into force.
- General modification of the applicable provisions of PACE 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.
This section details how references to "constable" and "investigation" in the applicable PACE provisions should be interpreted.
It dictates that the term "constable" now also includes "food crime officer," and that the term "investigation" specifically relates to those conducted by food crime officers.
This broadens the scope of investigation to include food crime officers.
- Modification of section 16 of PACE Section 16(5)(a) of PACE is to be read as if “, if not in uniform,” were omitted.
This regulation removes the 'if not in uniform' clause from section 16(5)(a) of PACE when applied to food crime officers, meaning that concerns about an officer's attire are removed.
- Modification of section 21 of PACE 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.
This regulation modifies section 21 of PACE, which deals with access and copying, to include food crime officers.
The Food Standards Agency replaces the police in relation to section 21(3)(b) for food crime officers.
- Modification of section 39 of PACE 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”.
This regulation makes several modifications to section 39 of PACE, concerning responsibilities relating to detained persons, ensuring that food crime officers have equivalent powers and responsibilities in relation to detained individuals as police officers.
- Application of CJPOA 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.
This section extends specific sections of the Criminal Justice and Public Order Act 1994 (CJPOA) to food crime officers, granting them similar powers related to the accused's failure to account for their actions or presence at a certain place.
- General modification of the applicable provisions of CJPOA Each reference to an “offence” in the applicable provisions of CJPOA is to be read as an offence investigated by a food crime officer.
This section clarifies that references to "offense" in the applicable CJPOA provisions now relate to those investigated by food crime officers.
- Modification of section 36 of CJPOA 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”.
This section specifically amends Section 36 of the CJPOA to include food crime officers in situations where an accused person fails to account for objects, substances, or marks.
- Modification of section 37 of CJPOA 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”.
Similar to Regulation 9, this regulation modifies section 37 of the CJPOA, which deals with an accused person's failure to account for their presence at a particular place, to include food crime officers.
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.
The explanatory note summarizes the regulations, highlighting the application of PACE and CJPOA provisions to food crime officers and the modifications made.
It also notes that no significant impact assessment was necessary.