# Police (Northern Ireland) Act 2003, Paragraph 22

Extent: N.I.

(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 paragraph (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 to 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 and under his control .
(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.

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Source: https://www.legislation.gov.uk/ukpga/2003/6/schedule/2/paragraph/22 (the official version)
Page: https://openlegislation.uk/police-northern-ireland-act-2003/schedule-2/paragraph-22
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

