# Police Reform Act 2002, Paragraph 34: Power to take an arrested person to a police station

Extent: E+W

(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 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;
(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 to 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 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 application 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.

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Source: https://www.legislation.gov.uk/ukpga/2002/30/schedule/4/paragraph/34 (the official version)
Page: https://openlegislation.uk/police-reform-act-2002/schedule-4/paragraph-34
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

