Section 136A Use of police stations as places of safetyF1

England and Wales

(1)

A child may not, in the exercise of a power to which this section applies, be removed to, kept at or taken to a place of safety that is a police station.

(2)

The Secretary of State may by regulations—

(a)

provide that an adult may be removed to, kept at or taken to a place of safety that is a police station, in the exercise of a power to which this section applies, only in circumstances specified in the regulations;

(b)

make provision about how adults removed to, kept at or taken to a police station, in the exercise of a power to which this section applies, are to be treated while at the police station, including provision for review of their detention.

(3)

Regulations under this section—

(a)

may make different provision for different cases;

(b)

may make provision that applies subject to specified exceptions;

(c)

may include incidental, supplementary or consequential provision or transitional, transitory or saving provision.

(4)

The powers to which this section applies are—

(a)

the power to remove a person to a place of safety under a warrant issued under section 135(1);

(b)

the power to take a person to a place of safety under section 135(3A);

(c)

the power to remove a person to, or to keep a person at, a place of safety under section 136(1);

(d)

the power to take a person to a place of safety under section 136(3).

(5)

In this section—

(a)

“child” means a person aged under 18;

(b)

“adult” means a person aged 18 or over.

Annotations

Textual amendments

F1: S. 136A inserted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 81(6), 183(1)(5)(e); S.I. 2017/1017, reg. 3(b) (with reg. 4)

Notes on the whole Act

Textual amendments

F1: For the words "Supreme Court Act 1981" there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)