Article 30 Information to be given on arrestC1C2C3C4C5
Subject to paragraph (5), where a person is arrested, otherwise than by being informed that he is under arrest, the arrest is not lawful unless the person arrested is informed that he is under arrest as soon as is practicable after his arrest.
Where a person is arrested by a constable, paragraph (1) applies regardless of whether the fact of the arrest is obvious.
Subject to paragraph (5) and without prejudice toF1 section 83(2) of the Terrorism Act 2000, no arrest is lawful unless the person arrested is informed of the ground for the arrest at the time of, or as soon as is practicable after, the arrest.
Where a person is arrested by a constable, paragraph (3) applies regardless of whether the ground for the arrest is obvious.
Nothing in this Article is to be taken to require a person to be informed—
that he is under arrest; or
of the ground for the arrest,
if it was not reasonably practicable for him to be so informed by reason of his having escaped from arrest before the information could be given.
Annotations
Textual amendments
- F1
Modifications
- C1
Art. 30 applied (with modifications) (1.12.2007) by Police and Criminal Evidence (Application to Revenue and Customs) Order (Northern Ireland) 2007 (S.R. 2007/464), arts. 3-15, Sch. 1, Sch. 2
- C2
Art. 30 applied (with modifications) (18.5.2009) by Police and Criminal Evidence (Application to the Police Ombudsman) Order (Northern Ireland) 2009 (S.R. 2009/142), art. 3, Sch. 1, Sch. 2
- C3
Art. 30 applied (with modifications) by 1994 c. 33, s. 137D(4)(a) Sch. 7B Pt. 3 (as inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in operation) by Policing and Crime Act 2017 (c. 3), s. 116(1)(3), 183(1)(5)(e), Sch. 16; S.I. 2018/227, art. 2(f))
- C4
Art. 30 applied (with modifications) (10.2.2026) by The Police and Criminal Evidence (Northern Ireland) Order 1989 (Application to Immigration Officers and Designated Customs Officials in Northern Ireland) and Consequential Amendments Regulations 2026 (S.I. 2026/117), regs. 1(2), 3-6, 9(2), Sch. 1
- C5
Art. 30 applied (with modifications) (10.2.2026) by The Police and Criminal Evidence (Northern Ireland) Order 1989 (Application to Immigration Officers and Designated Customs Officials in Northern Ireland) and Consequential Amendments Regulations 2026 (S.I. 2026/117), regs. 1(2), 12-15, 18(2), Sch. 2
Notes on the whole Order
Textual amendments
- F1
mod. by 2005 c. 2