SCHEDULES
C1F6SCHEDULE 4F6Powers exercisable by contracted-out staff
Sch. 4 applied (with modifications) (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 28(1)(g)(2), 120 (with s. 72); S.I. 2004/1572, art. 3(k)
Part 4Escort Officers
34Power to take an arrested person to a police station
1
Where a designation applies this paragraph to any person—
a
the persons who, in the case of a person arrested by a constable in the relevant police area, are authorised for the purposes of F1subsection (1A) of section 30 of the 1984 Act (procedure on arrest of person elsewhere than at a police station) to take the person arrested to a police station in that area shall include that person;
b
that section shall have effect in relation to the exercise by that person of the power conferred by virtue of paragraph (a) as if the references to a constable in subsections (3), (4)(a) and (10) (but not the references in subsections (5) to (9)) included references to that person; and
c
a person who is taking another person to a police station in exercise of the power conferred by virtue of paragraph (a)—
i
shall be treated for all purposes as having that person in his lawful custody;
ii
shall be under a duty F2to keep the person under control and to prevent his escape; and
iii
shall be entitled to use reasonable force to keep that person in his charge F3and under his control .
F4d
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).
2
Without prejudice to any F5application of paragraph 26, where a person has another in his lawful custody by virtue of sub-paragraph (1) of this paragraph—
a
he shall have the same powers under subsections (6A) and (6B) of section 54 of the 1984 Act (non-intimate searches) as a constable has in the case of a person in police detention—
i
to carry out a search of the other person; and
ii
to seize or retain, or cause to be seized or retained, anything found on such a search;
b
subsections (6C) and (9) of that section (restrictions on power to seize personal effects and searches to be carried out by a member of the same sex) shall apply to the exercise by a person to whom this paragraph is applied of any power exercisable by virtue of this sub-paragraph as they apply to the exercise of the power in question by a constable.
Sch. 4 heading substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 5(2); S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)