{
  "url": "https://openlegislation.uk/police-reform-act-2002/schedule-4/paragraph-34",
  "json_url": "https://openlegislation.uk/police-reform-act-2002/schedule-4/paragraph-34.json",
  "legislation": "ukpga/2002/30",
  "legislation_title": "Police Reform Act 2002",
  "legislation_url": "https://openlegislation.uk/police-reform-act-2002",
  "path": "schedule/4/paragraph/34",
  "kind": "paragraph",
  "number": "34",
  "heading": "Power to take an arrested person to a police station",
  "text": "(1) Where a designation applies this paragraph to any person—\n(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 subsection (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;\n(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\n(c) a person who is taking another person to a police station in exercise of the power conferred by virtue of paragraph (a)—\n(i) shall be treated for all purposes as having that person in his lawful custody;\n(ii) shall be under a duty to keep the person under control and to prevent his escape; and\n(iii) shall be entitled to use reasonable force to keep that person in his charge and under his control .\n(d) a person who has taken another person to a police station in exercise of the power conferred by virtue of paragraph (a)—\n(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;\n(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;\n(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\n(iv) shall be entitled to use reasonable force for the purpose of complying with his duty under sub-paragraph (iii).\n(2) Without prejudice to any application of paragraph 26, where a person has another in his lawful custody by virtue of sub-paragraph (1) of this paragraph—\n(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—\n(i) to carry out a search of the other person; and\n(ii) to seize or retain, or cause to be seized or retained, anything found on such a search;\n(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.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2002/30/schedule/4/paragraph/34",
    "retrieved_at": "2026-10-31T10:30:50.998378+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}