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The Police (Amendment) (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

Application of 1989 Order to persons taken to police station from custodial establishments.

3.—(1) In Article 2

(3) of the 1989 Order (circumstances in which a person is in police detention fo the purpose of that Order) after sub-paragraph(b) there shall be added

“or

(c)he is arrested at a police station after being taken to the station in pursuance of a direction under section 16 of the Prison Act (Northern Ireland) 1953,”.

(2) Article 31 of the 1989 Order shall be renumbered as paragraph (1) of that Article and at the end of that Article there shall be added the following paragraph—

“(2) Where—

(a)a person is taken to a police station in pursuance of a direction under section 16 of the Prison Act (Northern Ireland) 1953; and

(b)while he is there it appears to a constable that he is liable to arrest for an offence,

he shall be arrested for that offence.”.

(3) In Article 35 of the 1989 Order in paragraph (2) for the words “paragraph (4)” there shall be substituted the words “paragraphs (4) and (4A)” and after paragraph (4) there shall be inserted the following paragraph—

“(4A) Nothing in this Part requires the release of a person who was arrested after being taken to a police station from a custodial establishment in pursuance of a direction under section 16 of the Prison Act (Northern Ireland) 1953 and this Part shall have effect in relation to such a person as if references to a person being released (either on bail or without bail) were references to a person being returned to the custody of the governor of the custodial establishment from which he was taken to the police station.”.

(4) In Article 42(2)(b) of the 1989 Order after head (ii) there shall be inserted

“or

(iii)is taken to a police station in pursuance of a direction under section 16 of the Prison Act (Northern Ireland) 1953;”.

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