Police (Northern Ireland) Act 2003

Power to transfer persons into custody of investigating officersN.I.

8(1)Where a designation applies this paragraph to a person, the custody officer for a designated police station may—N.I.

(a)transfer a person falling within sub-paragraph (2) to the designated person, or

(b)permit the transfer of a person falling within sub-paragraph (2) to the designated person.

(2)A person falls within this sub-paragraph if—

(a)he is in police detention for an offence;

(b)the offence is being investigated by the designated person.

(3)If a person is transferred under sub-paragraph (1) into the custody of the designated person, the designated person—

(a)must be treated for all purposes as having the person in his lawful custody;

(b)is under a duty [F1to keep that person under control and ] to prevent the person’s escape;

(c)is entitled to use reasonable force to keep the person in his custody [F2and under his control] .

(4)If a person is transferred under sub-paragraph (1) into the custody of the designated person, paragraphs (2) and (3) of Article 40 of the 1989 Order have effect as if—

(a)references to the transfer of a person in police detention into the custody of a police officer investigating an offence for which that person is in police detention were references to that person’s transfer into the custody of the designated person;

(b)references to the officer to whom the transfer is made and to the officer investigating the offence were references to the designated person.

Textual Amendments