§ Mr. Onslow
asked the Secretary of State for the Home Department what guidance he has given to water authorities as to the implications of the provisions of the Police and Criminal Evidence Act for the powers of arrest of bailiffs employed by water authorities; and if he will make a statement.
§ Mr. Giles Shaw
The Home Office has responded to individual requests for information on the implications of the Police and Criminal Evidence Act 1984 for the powers of arrest of bailiffs employed by water authorities. Section 26 of th 1984 Act repeals (subject to certain specified exceptions) all existing statutory powers of arrest without warrant of constables, but it will not affect the Power of water bailiffs to arrest under section 34 of the Salmon and Freshwater Fisheries Act 1975. Additionally, in the general enforcement of the 1975 Act, water bailiffs will be able to exercise the general arrest powers of a constable contained in section 25 of the 1984 Act, where any of the arrest criteria set out in that section are satisfied.
Section 67(9) of the 1984 Act requires persons charged with the duty of investigating offences to have regard to any relevant provisions of the codes of practice which we may issue under section 66. It will be a matter for such persons to decide in their own particular circumstances the extent to which the provisions of such codes may be applicable to the execution of their duties.