Statutory Instruments
1997 No. 566

POLICE
The National Police Records (Recordable Offences) (Amendment) Regulations 1997

Made
3rd March 1997

Laid before Parliament
10th March 1997

Coming into force
1st April 1997

The Secretary of State in exercise of the powers conferred on him by section 27(4) of the Police and Criminal Evidence Act 1984(1), hereby makes the following Regulations:

1.  These Regulations may be cited as the National Police Records (Recordable Offences) (Amendment) Regulations 1997 and shall come into force on 1st April 1997.

2  In regulation 2(1) of the National Police Records (Recordable Offences) Regulations 1985(2) after paragraph (e) there shall be added the following:

“(f)section 5 of the Children and Young Persons Act 1933(3) (offence of giving intoxicating liquor to children under five);

(g)section 11 of the Children and Young Persons Act 1933 (offence of exposing children under twelve to risk of burning)(4);

(h)section 12 of the Children and Young Persons Act 1933 (offence of failing to provide for safety of children at entertainments)(5);

(i)section 91 of the Criminal Justice Act 1967(6) (offence of drunkeness in a public place);

(j)section 5(6) of the Firearms Act 1968(7) (offence of failing to deliver up authority to possess prohibited weapon or ammunition);

(k)section 22(3) of the Firearms Act 1968 (offence of possessing an assembled shotgun by unsupervised person under the age of fifteen);

(l)section 22(4) of the Firearms Act 1968 (offence of possessing an air weapon or ammunition for an air weapon by unsupervised person under the age of fourteen);

(m)section 22(5) of the Firearms Act 1968 (offence of possessing in a public place an air weapon by unsupervised person under the age of seventeen);

(n)section 30 of the Game Act 1831(8) (offences of trespassing in daytime on land in search of game, etc.);

(o)section 31 of the Game Act 1831 (offence of refusal of person trespassing in daytime on land in search of game to give his name and address);

(p)section 32 of the Game Act 1831 (offence of five or more persons being found armed in daytime in search of game and using violence or refusal of such persons to give name and address);

(q)section 12 of the Licensing Act 1872(9) (offence of being drunk in highway or public place);

(r)section 45 of the Licensing Act 1964(10) (offence of obstructing a constable or local authority official inspecting premises which are the subject of an application to be registered as a club);

(s)section 172 of the Licensing Act 1964 (offence of licensee permitting drunkeness, etc. on licensed premises);

(t)section 174(2) of Licensing Act 1964 (offence of failing to leave licensed premises when requested to do so);

(u)section 175 of the Licensing Act 1964 (offence of allowing prostitutes to assemble on licensed premises);

(v)section 176 of the Licensing Act 1964 (offence of permitting licensed premises to be a brothel);

(w)section 178 of the Licensing Act 1964 (offence of allowing constables to remain on licensed premises while on duty, supplying liquor or refreshments to constables on duty or bribing a constable);

(x)paragraph 21 of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982(11) (offence of making false statement in connection with an application for a sex establishment licence);

(y)section 14 of the Nurses, Midwives and Health Visitors Act 1979(12) (offence of falsely claiming a professional qualification);

(z)section 1 of the Night Poaching Act 1828(13) (offence of taking or destroying game or rabbits by night, or entering any land for that purpose);

(za)section 90(2) of the Police Act 1996(14) (offence of wearing police uniform with intent to deceive);

(zb)section 90(3) of the Police Act 1996 (offence of unlawful possession of article of police uniform);

(zc)section 5 of the Public Order Act 1986(15) (offence of causing harassment, alarm or distress);

(zd)section 11 of the Public Order Act 1986 (offence of failing to give advance notice of public procession);

(ze)section 12(5) of the Public Order Act 1986 (offence of failing to comply with conditions imposed on public procession);

(zf)section 13(8) of the Public Order Act 1986 (offence of taking part in a prohibited public procession);

(zg)section 14(5) of the Public Order Act 1986 (offence of failing to comply with conditions imposed on a public assembly);

(zh)section 14B(2) of the Public Order Act 1986(16) (offence of taking part in a prohibited assembly);

(zi)section 14C(3) of the Public Order Act 1986(17) (offence of failing to comply with directions);

(zj)section 6 of the Road Traffic Act 1988(18) (offence of failing to provide specimen of breath);

(zk)section 1 of the Sexual Offences Act 1985(19) (offence of kerb crawling);

(zl)section 2 of the Sexual Offences Act 1985 (offence of persistently soliciting women for the purpose of prostitution);

(zm)section 1(2) of the Sporting Events (Control of Alcohol Etc.) Act 1985(20) (offence of allowing alcohol to be carried on public vehicles on journey to or from designated sporting event);

(zn)section 1(4) of the Sporting Events (Control of Alcohol Etc.) Act 1985 (offence of being drunk on public vehicles on journey to or from designated sporting event);

(zo)section 1A(2) of the Sporting Events (Control of Alcohol Etc.) Act 1985(21) (offence of allowing alcohol to be carried in vehicles on journey to or from designated sporting event);

(zp)section 2(2) of the Sporting Events (Control of Alcohol Etc.) Act 1985 (offence of trying to enter designated sports ground while drunk);

(zr)section 5B(3) of the Sporting Events (Control of Alcohol Etc.) Act 1985(22) (offence of consuming or taking alcohol at designated sports ground while unauthorised);

(zs)section 5C(4) of the Sporting Events (Control of Alcohol Etc.) Act 1985 (consuming or obtaining alcohol during designated sporting events other than at registered premises);

(zt)section 5C(5) of the Sporting Events (Control of Alcohol Etc.) Act 1985 (offence by officials of club in relation to supplying alcohol at designated sports ground);

(zu)section 5D(3) of the Sporting Events (Control of Alcohol Etc.) Act 1985 (offence of consuming or obtaining alcohol during designated sporting event other than when sold by retail);

(zv)section 12(5) of the Theft Act 1968(23) (offence of taking or riding a pedal cycle without owner’s consent).”.

David Maclean
Minister of State
Home Office
3rd March 1997

Explanatory Note

(This note is not part of the Regulations)
These Regulations amend the National Police Record (Recordable Offences) Regulations 1985, which make provision for recording in national police records convictions for offences punishable with imprisonment and for specified offences which are not so punishable.
The Regulations add to the offences specified in the 1985 Regulations the offences listed. The Regulations come into force on 1st April 1997.


(1)
1984 c. 60.

(2)
S.I. 1985/1941, as amended by S.I. 1989/694.

(3)
1933 c. 54.

(4)
Section 11 was amended, Schedule 13, paras. 2, 3(c) of the Children Act 1989 (c. 41) and Schedule, para. 1 of the Children and Young Persons (Amendment) Act 1952 (15 and 16 Geo 6 and 1 Eliz c. 50).

(5)
Section 12 was amended by the Cinemas Act 1985 (c. 13), Schedule 2, para 2, Schedule 3 and Schedule 8, para 5 of the Local Government Act 1985 (c. 51).

(6)
1967 c. 60.

(7)
1968 c. 27.

(8)
1 and 2 Will 4 c. 32.

(9)
35 and 36 Vict c. 94.

(10)
1964 c. 26.

(11)
1982 c. 30.

(12)
1979 c. 36.

(13)
9 Geo 4 c. 69.

(14)
1996 c. 16.

(15)
1986 c. 64.

(16)
Section 14B was inserted by section 70 of the Criminal Justice and Public Order Act 1994 (c. 33).

(17)
Section 14C was inserted by section 71 of the Criminal Justice and Public Order Act 1994.

(18)
1988 c. 52.

(19)
1985 c. 44.

(20)
1985 c. 57.

(21)
Section 1A was inserted by Schedule 1, Part 1, paras. 1 and 2 to the Public Order Act 1986 (c. 64).

(22)
Sections 5B to 5D were inserted by Schedule 1, Part 1, para. 4 to the Public Order Act 1986.

(23)
1968 c. 60.