Part IVF7E1 Powers of Arrest, Stop and Search, Detention and Control of Entry
Words of the title of Part IV substituted (3.11.1994) by 1994 c. 33, s. 81(2)(3)
15 Provisions supplementary to s.14.
1
If a justice of the peace is satisfied that there are reasonable grounds for suspecting that a person whom a constable believes to be liable to arrest under section 14(1)(b) above is to be found on any premises he may grant a search warrant authorising any constable to enter those premises for the purpose of searching for and arresting that person.
2
In Scotland the power to issue a warrant under subsection (1) above shall be exercised by a sheriff or a justice of the peace, an application for such a warrant shall be supported by evidence on oath and a warrant shall not authorise a constable to enter any premises unless he is a constable for the police area in which they are situated.
3
In any circumstances in which a constable has power under section 14 above to arrest a person, he may also, for the purpose of ascertaining whether he has in his possession any document or other article which may constitute evidence that he is a person liable to arrest, stop that person and search him.
4
Where a constable has arrested a person under that section for any reason other than the commission of a criminal offence, he, or any other constable, may search him for the purpose of ascertaining whether he has in his possession any document or other article which may constitute evidence that he is a person liable to arrest.
5
A search of a person under subsection (3) or (4) above may only be carried out by a person of the same sex.
6
A person detained under section 14 above shall be deemed to be in legal custody at any time when he is so detained and may be detained in such a place as the Secretary of State may from time to time direct.
7
The following provisions (requirement to bring accused person before the court after his arrest) shall not apply to a person detained in right of an arrest under section 14 above—
F2a
section 135(3) of the Criminal Procedure (Scotland) Act 1995;
F3b
Article 47 of the Police and Criminal Evidence (Northern Ireland) Order 1989;
F4c
Article 8(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998.
8
F5Section 22(1) and (3) of the Criminal Procedure (Scotland) Act 1995 (interim liberation by officer in charge of police station) shall not apply to a person detained in right of an arrest under section 14 above.
C19
Where a person is detained under section 14 above, any constable or prison officer, or any other person authorised by the Secretary of State, may take all such steps as may be reasonably necessary for photographing, measuring or otherwise identifying him.
10
Section 61(1) to (8) of the M1Police and Criminal Evidence Act 1984 (fingerprinting) shall apply to the taking of a person’s fingerprints by a constable under subsection (9) above as if for subsection (4) there were substituted—
4
An officer may only give an authorisation under subsection (3)(a) above for the taking of a person’s fingerprints if he is satisfied that it is necessary to do so in order to assist in determining—
a
whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 applies; or
b
whether he is subject to an exclusion order under that Act;
or if the officer has reasonable grounds for suspecting that person’s involvement in an offence under any of the provisions mentioned in subsection (1)(a) of that section and for believing that his fingerprints will tend to confirm or disprove his involvement.
F611
Section 62(1) to (11) of the Police and Criminal Evidence Act 1984 (regulation of taking of intimate samples) shall apply to the taking of an intimate sample from a person under subsection (9) above as if—
a
for subsection (2) there were substituted—
"
An officer may only give an authorisation under subsection (1) or (1A) above for the taking of an intimate sample if he is satisfied that it is necessary to do so in order to assist in determining—
a
whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 applies; or
b
whether he is subject to an exclusion order under that Act;
or if the officer has reasonable grounds for suspecting that person’s involvement in an offence under any of the provisions mentioned in subsection (1)(a) of that section and for believing that an intimate sample will tend to confirm or disprove his involvement"; and
b
in subsection (6), after the word “includes", there were inserted the words “where relevant".
12
In this section, “intimate sample” has the same meaning as in section 65 of the M2Police and Criminal Evidence Act 1984.
13
Section 63(1) to (9) of the Police and Criminal Evidence Act 1984 (regulation of taking of non-intimate samples) shall apply to the taking of a non-intimate sample from a person by a constable under subsection (9) above as if—
a
for subsection (4) there were substituted—
“
An officer may only give an authorisation under subsection (3) above for the taking of a non-intimate sample if he is satisfied that it is necessary to do so in order to assist in determining—
a
whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 applies; or
b
whether he is subject to an exclusion order under that Act;
or if the officer has reasonable grounds for suspecting that person’s involvement in an offence under any of the provisions mentioned in subsection (1)(a) of that section and for believing that a non-intimate sample will tend to confirm or disprove his involvement"; and
b
in subsection (7), after the word “includes" there were inserted the words “where relevant".
14
In this section, “non-intimate sample” has the same meaning as in section 65 of the Police and Criminal Evidence Act 1984.
E2Part IV Arrest, Detention and Control of Entry
This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
15 Provisions supplementary to s.14.
1
If a justice of the peace is satisfied that there are reasonable grounds for suspecting that a person whom a constable believes to be liable to arrest under section 14(1)(b) above is to be found on any premises he may grant a search warrant authorising any constable to enter those premises for the purpose of searching for and arresting that person.
2
In Scotland the power to issue a warrant under subsection (1) above shall be exercised by a sheriff or a justice of the peace, an application for such a warrant shall be supported by evidence on oath and a warrant shall not authorise a constable to enter any premises unless he is a constable for the police area in which they are situated.
3
In any circumstances in which a constable has power under section 14 above to arrest a person, he may also, for the purpose of ascertaining whether he has in his possession any document or other article which may constitute evidence that he is a person liable to arrest, stop that person and search him.
4
Where a constable has arrested a person under that section for any reason other than the commission of a criminal offence, he, or any other constable, may search him for the purpose of ascertaining whether he has in his possession any document or other article which may constitute evidence that he is a person liable to arrest.
5
A search of a person under subsection (3) or (4) above may only be carried out by a person of the same sex.
6
A person detained under section 14 above shall be deemed to be in legal custody at any time when he is so detained and may be detained in such a place as the Secretary of State may from time to time direct.
7
The following provisions (requirement to bring accused person before the court after his arrest) shall not apply to a person detained in right of an arrest under section 14 above—
a
section 135(3) of the Criminal Procedure (Scotland) Act 1995;
b
Article 47 of the Police and Criminal Evidence (Northern Ireland) Order 1989;
c
Article 8(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998.
8
Section 22(1) and (3) of the Criminal Procedure (Scotland) Act 1995 (interim liberation by officer in charge of police station) shall not apply to a person detained in right of an arrest under section 14 above.
C19
Where a person is detained under section 14 above, any constable or prison officer, or any other person authorised by the Secretary of State, may take all such steps as may be reasonably necessary for photographing, measuring or otherwise identifying him.
10
Section 61(1) to (8) of the M1Police and Criminal Evidence Act 1984 (fingerprinting) shall apply to the taking of a person’s fingerprints by a constable under subsection (9) above as if for subsection (4) there were substituted—
4
An officer may only give an authorisation under subsection (3)(a) above for the taking of a person’s fingerprints if he is satisfied that it is necessary to do so in order to assist in determining—
a
whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 applies; or
b
whether he is subject to an exclusion order under that Act;
or if the officer has reasonable grounds for suspecting that person’s involvement in an offence under any of the provisions mentioned in subsection (1)(a) of that section and for believing that his fingerprints will tend to confirm or disprove his involvement.
11
Section 62(1) to (11) of the Police and Criminal Evidence Act 1984 (regulation of taking of intimate samples) shall apply to the taking of an intimate sample from a person under subsection (9) above as if—
a
for subsection (2) there were substituted—
"
An officer may only give an authorisation under subsection (1) or (1A) above for the taking of an intimate sample if he is satisfied that it is necessary to do so in order to assist in determining—
a
whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 applies; or
b
whether he is subject to an exclusion order under that Act;
or if the officer has reasonable grounds for suspecting that person’s involvement in an offence under any of the provisions mentioned in subsection (1)(a) of that section and for believing that an intimate sample will tend to confirm or disprove his involvement"; and
b
in subsection (6), after the word “includes", there were inserted the words “where relevant".
12
In this section, “intimate sample” has the same meaning as in section 65 of the M2Police and Criminal Evidence Act 1984.
13
Section 63(1) to (9) of the Police and Criminal Evidence Act 1984 (regulation of taking of non-intimate samples) shall apply to the taking of a non-intimate sample from a person by a constable under subsection (9) above as if—
a
for subsection (4) there were substituted—
“
An officer may only give an authorisation under subsection (3) above for the taking of a non-intimate sample if he is satisfied that it is necessary to do so in order to assist in determining—
a
whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 applies; or
b
whether he is subject to an exclusion order under that Act;
or if the officer has reasonable grounds for suspecting that person’s involvement in an offence under any of the provisions mentioned in subsection (1)(a) of that section and for believing that a non-intimate sample will tend to confirm or disprove his involvement"; and
b
in subsection (7), after the word “includes" there were inserted the words “where relevant".
14
In this section, “non-intimate sample” has the same meaning as in section 65 of the Police and Criminal Evidence Act 1984.
This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only