Paragraph 22

Northern Ireland

(1)

Where a designation applies this paragraph to a person—

(a)

the persons who, in the case of a person arrested by a constable, are authorised for the purposes of F1paragraph (1A) of Article 32of the 1989 Order (procedure on arrest of person elsewhere than at a police station) to take the person arrested to a police station include the designated person;

(b)

that Article has effect in relation to the exercise by the designated person of the power conferred by virtue of paragraph (a) as if the references to a constable in paragraphs (3), (4)(a) and (13) (but not the references in paragraphs (5) to (12)) included references to the designated person;

(c)

a person who is taking another person to a police station in exercise of the power conferred by virtue of paragraph (a)—

(i)

must be treated for all purposes as having the other person in his lawful custody;

(ii)

is under a duty F2to keep that person under control and to prevent the other person’s escape;

(iii)

is entitled to use reasonable force to keep the other person in his charge F3and under his control .

F4(d)

a person who has taken another person to a police station in exercise of the power conferred by virtue of paragraph (a)—

(i)

shall be under a duty to remain at the police station until he has transferred control of the other person to the custody officer at the police station;

(ii)

until he has so transferred control of the other person, shall be treated for all purposes as having that person in his lawful custody;

(iii)

for so long as he is at the police station or in its immediate vicinity in compliance with, or having complied with, his duty under sub-paragraph (i), shall be under a duty to prevent the escape of the other person and to assist in keeping him under control; and

(iv)

shall be entitled to use reasonable force for the purpose of complying with his duty under sub-paragraph (iii).

(2)

Without prejudice to any designation applying paragraph 12 to a person, where a person has another in his lawful custody by virtue of sub-paragraph (1) of this paragraph—

(a)

he has the same powers under paragraphs (7) and (8) of Article 55 of the 1989 Order (non-intimate searches) as a constable has in the case of a person in police detention—

(i)

to carry out a search of the other person;

(ii)

to seize or retain, or cause to be seized or retained, anything found on such a search;

(b)

paragraphs (9) and (12) of that Article (restrictions on power to seize clothes and personal effects and searches to be carried out by a member of the same sex) apply to the exercise by the designated person of any power exercisable by virtue of this sub-paragraph as they apply to the exercise of the power in question by a constable.

Annotations

Textual amendments

F1: Words in Sch. 2 para. 22(1)(a) substituted (1.1.2005) by The Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500), art. 1(3), Sch. 1 para. 6; S.R. 2004/391, art. 3
F2: Words in Sch. 2 para. 22(1)(c)(ii) inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), art. 1(3), Sch. 3 para. 2(2)(a)
F3: Words in Sch. 2 para. 22(1)(c)(iii) added (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), art. 1(3), Sch. 3 para. 2(2)(b)
F4: Sch. 2 para. 22(1)(d) added (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), art. 1(3), Sch. 3 para. 2(3)