- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Police (Northern Ireland) Act 2003, Paragraph 22 is up to date with all changes known to be in force on or before 14 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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22(1)Where a designation applies this paragraph to a person—N.I.
(a)the persons who, in the case of a person arrested by a constable, are authorised for the purposes of [F1paragraph (1A) of Article 32]of the 1989 Order (procedure on arrest of person elsewhere than at a police station) to take the person arrested to a police station include the designated person;
(b)that Article has effect in relation to the exercise by the designated person of the power conferred by virtue of paragraph (a) as if the references to a constable in paragraphs (3), (4)(a) and (13) (but not the references in paragraphs (5) to (12)) included references to the designated person;
(c)a person who is taking another person to a police station in exercise of the power conferred by virtue of paragraph (a)—
(i)must be treated for all purposes as having the other person in his lawful custody;
(ii)is under a duty [F2to keep that person under control and ] to prevent the other person’s escape;
(iii)is entitled to use reasonable force to keep the other 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 designation applying paragraph 12 to a person, where a person has another in his lawful custody by virtue of sub-paragraph (1) of this paragraph—
(a)he has the same powers under paragraphs (7) and (8) of Article 55 of the 1989 Order (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;
(ii)to seize or retain, or cause to be seized or retained, anything found on such a search;
(b)paragraphs (9) and (12) of that Article (restrictions on power to seize clothes and personal effects and searches to be carried out by a member of the same sex) apply to the exercise by the designated person of any power exercisable by virtue of this sub-paragraph as they apply to the exercise of the power in question by a constable.
Textual Amendments
F1Words in Sch. 2 para. 22(1)(a) substituted (1.1.2005) by The Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500), art. 1(3), Sch. 1 para. 6; S.R. 2004/391, art. 3
F2Words in Sch. 2 para. 22(1)(c)(ii) inserted (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), art. 1(3), Sch. 3 para. 2(2)(a)
F3Words in Sch. 2 para. 22(1)(c)(iii) added (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), art. 1(3), Sch. 3 para. 2(2)(b)
F4Sch. 2 para. 22(1)(d) added (22.4.2007) by The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007 (S.I. 2007/912 (N.I. 6)), art. 1(3), Sch. 3 para. 2(3)
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