Paragraph 34 Power to take an arrested person to a police station

England and Wales

(1)

Where a designation applies this paragraph to any person—

(a)

the persons who, in the case of a person arrested by a constable in the relevant police area, are authorised for the purposes of F1subsection (1A) of section 30 of the 1984 Act (procedure on arrest of person elsewhere than at a police station) to take the person arrested to a police station in that area shall include that person;

(b)

that section shall have effect in relation to the exercise by that person of the power conferred by virtue of paragraph (a) as if the references to a constable in subsections (3), (4)(a) and (10) (but not the references in subsections (5) to (9)) included references to that person; and

(c)

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

(i)

shall be treated for all purposes as having that person in his lawful custody;

(ii)

shall be under a duty F2to keep the person under control and to prevent his escape; and

(iii)

shall be entitled to use reasonable force to keep that 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 F5application of paragraph 26, where a person has another in his lawful custody by virtue of sub-paragraph (1) of this paragraph—

(a)

he shall have the same powers under subsections (6A) and (6B) of section 54 of the 1984 Act (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; and

(ii)

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

(b)

subsections (6C) and (9) of that section (restrictions on power to seize personal effects and searches to be carried out by a member of the same sex) shall apply to the exercise by a person to whom this paragraph is applied 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. 4 para. 34(1)(a) substituted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 12, 336, Sch. 1 para. 20; S.I. 2004/81, art. 2(1)(2)(a)
F2: Words in Sch. 4 para. 34(1)(c)(ii) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 122, 178, Sch. 9 para. 8(2)(a); S.I. 2005/1521, art. 3(1)(h)(j)
F3: Words in Sch. 4 para. 34(1)(c)(iii) added (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 122, 178, Sch. 9 para. 8(2)(b); S.I. 2005/1521, art. 3(1)(h)(j)
F4: Sch. 4 para. 34(1)(d) added (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 122, 178, Sch. 9 para. 8(3); S.I. 2005/1521, art. 3(1)(h)(j)
F5: Words in Sch. 4 para. 34(2) substituted (1.12.2007) by Police and Justice Act 2006 (c. 48), ss. 9, 53, Sch. 5 para. 5(10); S.I. 2007/3203, art. 2(c)

Notes on Schedule 4

Textual amendments

F1: Sch. 4 heading substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 5(2); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

Modifications

C1: Sch. 4 applied (with modifications) (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 28(1)(g)(2), 120 (with s. 72); S.I. 2004/1572, art. 3(k)