C6C7C8 Part IV Detention
Pt. IV (ss. 34-52) applied (with modifications) (4.4.2005) Criminal Justice Act 2003 (c. 44), ss. 87(3), 336; S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2) (as amended by S.I. 2005/2122, art. 2)
Pt. IV incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52
Detention—conditions and duration
C1C2C3C436 Custody officers at police stations.
C9C131
One or more custody officers shall be appointed for each designated police station.
C9C132
A custody officer for F1a police station designated under section 35(1) above shall be appointed—
a
by the chief officer of police for the area in which the designated police station is situated; or
b
by such other police officer as the chief officer of police for that area may direct.
F2 2A
A custody officer for a police station designated under section 35(2A) above shall be appointed—
a
by the Chief Constable of the British Police Transport Force; or
b
by such other member of that Force as that Chief Constable may direct.
C10C14F33
No officer may be appointed a custody officer unless the officer is of at least the rank of sergeant.
C10C144
An officer of any rank may perform the functions of a custody officer at a designated police station if a custody officer is not readily available to perform them.
C10C155
Subject to the following provisions of this section and to section 39(2) below, none of the functions of a custody officer in relation to a person shall be performed by F4an officer who at the time when the function falls to be performed is involved in the investigation of an offence for which that person is in police detention at that time.
C10C156
Nothing in subsection (5) above is to be taken to prevent a custody officer—
C10a
performing any function assigned to custody officers—
i
by this Act; or
ii
by a code of practice issued under this Act;
C10b
carrying out the duty imposed on custody officers by section 39 below;
C10c
doing anything in connection with the identification of a suspect; or
d
doing anything under F5sections 7 and 8 of the Road Traffic Act 1988.
C5C11C167
Where an arrested person is taken to a police station which is not a designated police station, the functions in relation to him which at a designated police station would be the functions of a custody officer shall be performed—
a
b
if no F8such officer is readily available, by the officer who took him to the station or any other officer.
F97A
Subject to subsection (7B), subsection (7) applies where a person attends a police station which is not a designated station to answer to bail granted under section 30A as it applies where a person is taken to such a station.
7B
Where subsection (7) applies because of subsection (7A), the reference in subsection (7)(b) to the officer who took him to the station is to be read as a reference to the officer who granted him bail.
C5C12C168
C12C179
Where by virtue of subsection (7) above an officer of a force maintained by a F13local policing body who took an arrested person to a police station is to perform the functions of a custody officer in relation to him, the officer shall inform an officer who—
a
is attached to a designated police station; and
b
is of at least the rank of inspector,
that he is to do so.
C12C1710
The duty imposed by subsection (9) above shall be performed as soon as it is practicable to perform it.
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F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. IV (ss. 34-52) modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 4(6)(b)(c)(7), 5(9)(b)(c), 6(9)(b)(c); Pt. IV (ss. 34-52) modified by the said S.I. 1993/1813, art. 6, Sch. 3 para. 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 5
Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 7(6)(c) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)
Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 15(2) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)
Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 16(4) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)
Pt. IV (ss. 34-52) modified (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 85(4)(a), 120 (with s. 90); S.I. 2004/827, art. 3(h)
Pt. IV (ss. 34-52) modified (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 97(4)(a), 120 (with s. 100); S.I. 2004/827, art. 3(t)