Section 6 Detention in the custody of a constable.
England and Wales
This section applies to any person in the custody of a constable whose duty it is to take him to a F1prison or accommodation which is youth detention accommodation (within the meaning given by F2section 248(1) of the Sentencing Code) in which his detention is authorised by law, and shall be deemed always to have applied to persons in the custody of a constable in those circumstances.
It is hereby declared that where it is for any reason not practicable to secure the admission of a person to whom this section applies to the F3accommodation in which his detention is so authorised, he may lawfully be detained in the custody of a constable until such time as he can be admitted there or is required to appear before a court.
Any reference in this section to a constable includes a reference to a prisoner custody officer (within the meaning of Part IV of the M1Criminal Justice Act 1991) acting in pursuance of prisoner escort arrangements (within the meaning of that Part).
Any reference in this section to a constable includes a reference to a custody officer (within the meaning of section 12 of the Criminal Justice and Public Order Act 1994) acting in pursuance of escort arrangements (within the meaning of Schedule 1 to that Act).
Annotations
Textual amendments
- F1
Words in s. 6(1) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), s. 41(1), Sch. 3 para. 18(2); S.I. 2007/3001, art. 2(1)(r)
- F2
Words in s. 6(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 62 (with Sch. 27); S.I. 2020/1236, reg. 2
- F3
Words in s. 6(2) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), s. 41(1), Sch. 3 para. 18(3); S.I. 2007/3001, art. 2(1)(r)
- F4
S. 6(3) inserted (3.12.1994) by 1994 c. 33, ss. 94(2), 172(4)
- F5
S. 6(4) inserted (1.3.1998) by 1994 c. 33, s. 168(2), Sch. 10 para. 46(c); S.I. 1998/277, art. 3(2)
Marginal citations
- M1