Serious Organised Crime and Police Act 2005

Escort officers E+W

8 (1) Paragraph 34 (power to take an arrested person to a police station) is amended as follows. E+W

(2) In sub-paragraph (1)(c)—

(a) in paragraph (ii), after “duty” insert “ to keep the person under control and ”,

(b) in paragraph (iii), at the end add “ and under his control ”.

(3) After sub-paragraph (1)(c) add—

“(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).”

Commencement Information

I1 Sch. 9 para. 8 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(j)

9 (1) Paragraph 35 (escort of persons in police detention) is amended as follows. E+W

(2) In sub-paragraph (3)—

(a) in paragraph (b), after “duty” insert “ to keep the person under control and ”,

(b) in paragraph (c), at the end add “ and under his control ”.

(3) After sub-paragraph (3) insert—

“(3A) A person who has escorted another person to a police station or other place in accordance with an authorisation under sub-paragraph (1) or (2) —

(a) shall be under a duty to remain at the police station or other place until he has transferred control of the other person to a custody officer or other responsible person there;

(b) until he has so transferred control of the other person, shall be treated for all purposes as having that person in his lawful custody;

(c) for so long as he is at the police station or other place, or in its immediate vicinity, in compliance with, or having complied with, his duty under paragraph (a), shall be under a duty to prevent the escape of the other person and to assist in keeping him under control; and

(d) shall be entitled to use reasonable force for the purpose of complying with his duty under paragraph (c).”

Commencement Information

I2 Sch. 9 para. 9 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(j)