C5C6 Part III Arrest

Annotations:
Modifications etc. (not altering text)
C5

Pt. III: Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para. 1; S.I. 2003/708, art. 2(j)

Pt. III: Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 74; S.I. 2003/708, art. 2(j)

C1C2C330 Arrest elsewhere than at police station.

C9C7C11F11

Subsection (1A) applies where a person is, at any place other than a police station—

C13a

arrested by a constable for an offence, or

b

taken into custody by a constable after being arrested for an offence by a person other than a constable.

C9C7C11C141A

The person must be taken by a constable to a police station as soon as practicable after the arrest.

C9C7C11C141B

Subsection (1A) has effect subject to section 30A (release F8of a person arrested elsewhere than at police station) and subsection (7)(release without bail).

C4C9C7C112

Subject to subsections (3) and (5) below, the police station to which an arrested person is taken under F2subsection (1A) above shall be a designated police station.

C4C9C7C113

A constable to whom this subsection applies may take an arrested person to any police station unless it appears to the constable that it may be necessary to keep the arrested person in police detention for more than six hours.

C9C7C114

Subsection (3) above applies—

C4C9C7C11a

to a constable who is working in a locality covered by a police station which is not a designated police station; and

b

to a constable belonging to a body of constables maintained by an authority other than a F7local policing body.

C4C8C10C125

Any constable may take an arrested person to any police station if—

a

either of the following conditions is satisfied—

i

the constable has arrested him without the assistance of any other constable and no other constable is available to assist him;

ii

the constable has taken him into custody from a person other than a constable without the assistance of any other constable and no other constable is available to assist him; and

b

it appears to the constable that he will be unable to take the arrested person to a designated police station without the arrested person injuring himself, the constable or some other person.

C4C8C10C126

If the first police station to which an arrested person is taken after his arrest is not a designated police station, he shall be taken to a designated police station not more than six hours after his arrival at the first police station unless he is released previously.

C8C10C12C15F37

A person arrested by a constable at any place other than a police station must be released without bail if the condition in subsection (7A) is satisfied.

C8C10C12C157A

The condition is that, at any time before the person arrested reaches a police station, a constable is satisfied that there are no grounds for keeping him under arrest F9....

C4C8C10C12C158

A constable who releases a person under subsection (7) above shall record the fact that he has done so.

C4C8C10C12C159

The constable shall made the record as soon as is practicable after the release.

C4C8C10C12C15F410

Nothing in subsection (1A) or in section 30A prevents a constable delaying taking a person to a police station or releasing him F10under section 30A if the condition in subsection (10A) is satisfied.

C8C10C12C1510A

The condition is that the presence of the person at a place (other than a police station) is necessary in order to carry out such investigations as it is reasonable to carry out immediately.

C4C8C10C12C1511

Where there is any such delay the reasons for the delay must be recorded when the person first arrives at the police station or (as the case may be) is released F10under section 30A.

C8C1012

Nothing in F5subsection (1A) or section 30A above shall be taken to affect—

a

paragraphs 16(3) or 18(1) of Schedule 2 to the M1Immigration Act 1971;

b

section 34(1) of the M2Criminal Justice Act 1972; or

F6c

any provision of the Terrorism Act 2000.

C8C1013

Nothing in subsection (1) above shall be taken to affect paragraph 18(3) of Schedule 2 to the Immigration Act 1971.