Serious Organised Crime and Police Act 2005

This section has no associated Explanatory Notes

8(1)Paragraph 34 (power to take an arrested person to a police station) is amended as follows.E+W

(2)In sub-paragraph (1)(c)—

(a)in paragraph (ii), after “duty” insert “ to keep the person under control and ”,

(b)in paragraph (iii), at the end add “ and under his control ”.

(3)After sub-paragraph (1)(c) add—

(d)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).

Commencement Information

I1Sch. 9 para. 8 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(j)