Explanatory Memorandum

Mental Capacity Act (Northern Ireland) 2016

2016 CHAPTER 18

9 May 2016

Commentary on Sections

Part 9 – Power of Police to Remove Person to Place of Safety

Section 153 - Searches of person following removal to place of safety

This section provides that if any person is detained or transferred to a police station under this Part, the person is to be treated as having been arrested elsewhere and brought to the station for the purposes of Article 55 of PACE, which provides constables with powers to search arrested persons at police stations. A constable can avail of these powers in respect of a person detained at a place of safety under this Part. This section also provides for a modification of Article 55 of PACE so that it can apply in these circumstances.