Paragraph 8

Northern Ireland

(1)

Where a designation applies this paragraph to a person, the custody officer for a designated police station may—

(a)

transfer a person falling within sub-paragraph (2) to the designated person, or

(b)

permit the transfer of a person falling within sub-paragraph (2) to the designated person.

(2)

A person falls within this sub-paragraph if—

(a)

he is in police detention for an offence;

(b)

the offence is being investigated by the designated person.

(3)

If a person is transferred under sub-paragraph (1) into the custody of the designated person, the designated person—

(a)

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

(b)

is under a duty F1to keep that person under control and to prevent the person’s escape;

(c)

is entitled to use reasonable force to keep the person in his custody F2and under his control .

(4)

If a person is transferred under sub-paragraph (1) into the custody of the designated person, paragraphs (2) and (3) of Article 40 of the 1989 Order have effect as if—

(a)

references to the transfer of a person in police detention into the custody of a police officer investigating an offence for which that person is in police detention were references to that person’s transfer into the custody of the designated person;

(b)

references to the officer to whom the transfer is made and to the officer investigating the offence were references to the designated person.

Annotations

Textual amendments

F1: Words in Sch. 2 para. 8(3)(b) inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), art. 1(3), Sch. 1 para. 4(a)
F2: Words in Sch. 2 para. 8(3)(c) added (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), art. 1(3), Sch. 1 para. 4(b)