Why was it introduced (political/sociological context)?
The Act was introduced by the Conservative government before its defeat by Tony Blair’s Labour Party at the 1997 general election. It was introduced as a consolidation Bill to bring together existing law on the organisation and administration of the police. The Police Act 1996 remains in force, although parts of its original framework have been replaced, including by the Police Reform Act 2002 and the Police Reform and Social Responsibility Act 2011.
What was the aim of the Act (legal context)?
The Act consolidated many existing provisions scattered across disparate legislation and drew these together into a single Act in order to govern policing. Its original provisions defined the police areas in England and Wales and provided for the police authorities responsible for them. The Act also set out the relationship between the Home Secretary and police forces, and repealed the Police Act 1964.
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What main changes did it make to the law?
The Act is divided into five parts. The first of these parts addresses the division of responsibility for policing nationally and regionally. It provides for the division of England and Wales into defined police areas (in addition to the Metropolitan police district and the City of London police area, in which slightly different provisions are applicable). Schedule 1 defines the police areas outside London by reference to local government areas. In the interests of efficient allocation of functions and use of resources, the Act also provides for collaboration between police forces. The current collaboration provisions are in sections 22A to 23I. The second part of the Act outlines the role of the Secretary of State in central supervision, including the general duty to promote police efficiency and effectiveness under section 36 and provision for police grants under section 46. The Police Reform Act 2002 expanded the powers of central intervention. Under current section 37A, the Secretary of State issues the strategic policing requirement, to which chief officers must have regard. The third part of the Act deals with police representative institutions, in particular the Police Federation of England and Wales under section 59. Section 64 generally restricts membership of trade unions by police officers, subject to its statutory exceptions. Section 91, in Part V, makes it an offence to induce a member of a police force to withhold their services, among other conduct. The fourth part of the Act originally made provision for the Police Complaints Authority and for disciplinary proceedings. Part 2 of the Police Reform Act 2002 replaced that complaints framework with the Independent Police Complaints Commission, which became the Independent Office for Police Conduct in 2018 under the Policing and Crime Act 2017. Part IV of the 1996 Act still contains provisions on disciplinary proceedings and appeals.
The fifth part of the Act covers ‘Miscellaneous and General’ provisions. Amongst the most significant of these miscellaneous provisions was the re-enactment of the offence of assaulting a constable in the execution of their duty, or a person assisting them (section 89(1)). Section 89(2) covers resisting or wilfully obstructing them. Section 1 of the Assaults on Emergency Workers (Offences) Act 2018 provides a separate offence of common assault or battery against an emergency worker acting in that capacity. Section 88 makes chief officers liable, on the statutory equivalent of vicarious liability principles, for unlawful conduct by constables under their direction and control in the performance or purported performance of their functions.
In addition, the Act incorporated a number of provisions under the previous law with the objective of clarifying and consolidating these. For example, section 54 restated the role of the inspectors of constabulary, first appointed under the County and Borough Police Act 1856. The Act also consolidated relevant provisions of the Police and Magistrates’ Courts Act 1994, retaining the division of responsibility between the Home Secretary, police authorities and chief constables.
Impact
The Act has been amended significantly by subsequent legislation, including the Police and Justice Act 2006, the Serious Organised Crime and Police Act 2005 and the Police Reform Act 2002. The Act has served as a building block for future reforms, most notably in the 2011 Police Reform and Social Responsibility Act.
Current position and later reforms
The Police Act 1996 continues to govern police areas, collaboration, central oversight, inspection and other matters. Section 54 remains the basis for inspection of police force efficiency and effectiveness by His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services.
The Police Reform and Social Responsibility Act 2011 replaced most police authorities with directly elected police and crime commissioners (PCCs). Some elected mayors exercise PCC functions. The Metropolitan Police is overseen by the Mayor’s Office for Policing and Crime, and the Common Council is the police authority for the City of London. Chief constables retain direction and control of their forces, subject to the statutory framework.
The Police, Crime, Sentencing and Courts Act 2022 extended Police Federation representation to special constables. The English Devolution and Community Empowerment Act 2026 made further provision for elected mayors to exercise PCC functions in England and amended the powers to alter police areas.
The Crime and Policing Act 2026 inserted section 40D, in force from 29 June 2026, which allows the Secretary of State to give directions to qualifying critical police undertakings, subject to statutory conditions. Its amendments to section 85 and Schedule 6 provide for rules enabling chief officers, local policing bodies and the Independent Office for Police Conduct to bring specified appeals. The 2026 Act also replaced the provisions on the effect of police barred and advisory list entries from 21 September 2026.
The Government’s January 2026 policing white paper proposed a National Police Service and the abolition of PCCs at the end of their terms in May 2028. The current PCC arrangements continue under the 2011 Act.
Last updated: 12 November 2026
