PART 1ARREST AND CUSTODY

CHAPTER 1ARREST BY POLICE

Procedure following arrest

4Arrested person to be taken to police station

1

Where a person is arrested by a constable outwith a police station, a constable must take the person as quickly as is reasonably practicable to a police station.

2

Subsection (1) ceases to apply, and the person must be released from police custody immediately, if—

a

the person has been arrested without a warrant,

b

the person has not yet arrived at a police station in accordance with this section, and

c

in the opinion of a constable there are no reasonable grounds for suspecting that the person has committed—

i

the offence in respect of which the person was arrested, or

ii

an offence arising from the same circumstances as that offence.

3

For the avoidance of doubt, subsection (1) ceases to apply if, before arriving at a police station in accordance with this section, the person is released from custody under—

a

section 25(2), or

b

section 28(3A) of the 1995 Act.