Policing Act 2008 No 72, Public Act

96 Evidence of Police identity and authority
  • (1) The Commissioner must provide every Police employee with evidence of the employee’s identity and authority.

    (2) The evidence must state all prescribed information and,—

    • (a) if the Police employee to whom it relates is a constable, must state that he or she has the policing powers of a constable; and

    • (b) if the Police employee to whom it relates is authorised to perform one or more particular policing roles set out in Schedule 1, must state (by reference to the name of the role or roles concerned) that he or she has the policing powers of an authorised officer.

    (3) The evidence—

    • (a) must bear all prescribed things:

    • (b) may state, bear, or otherwise contain (for example, by having a microchip embedded in it) any additional information or thing the Commissioner thinks appropriate:

    • (c) may be in any form the Commissioner thinks appropriate.

    (4) Subsection (1) does not prevent the Commissioner from providing (in addition to the evidence required by that subsection to be provided) supplementary forms of evidence of identity, authority, or both, for particular Police employees, Police employees of a particular description, or all Police employees; and any form of evidence provided—

    • (a) may state any information (whether or not required by subsection (1), or prescribed):

    • (b) may contain (for example, by having a microchip embedded in it) any information:

    • (c) may state information in a language other than English:

    • (d) may bear any things (whether or not prescribed).

    (5) A Police employee must surrender all evidence of identity, authority, or both supplied to him or her by the Commissioner if the employee—

    • (a) goes on leave of any kind for a period longer than 12 months; or

    • (b) resigns or retires; or

    • (c) is suspended or removed.

    (6) Despite subsections (1) and (2), if any question arises as to the right of any constable to hold or execute his or her office,—

    • (a) common reputation is evidence of that right; and

    • (b) it is not necessary to produce evidence of the constable’s identity and authority.

    Compare: 1958 No 109 s 41; 1996 No 27 s 7