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The Police and Criminal Evidence (Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

General arrest conditions

27.—(1) Where a constable has reasonable grounds for suspecting that any offence which is not an arrestable offence has been committed or attempted, or is being committed or attempted, he may arrest the relevant person if it appears to him that service of a summons is impracticable or inappropriate because any of the general arrest conditions is satisfied.

(2) In this Article “the relevant person” means any person whom the constable has reasonable grounds to suspect of having committed or having attempted to commit the offence or of being in the course of committing or attempting to commit it.

(3) The general arrest conditions are—

(a)that the name of the relevant person is unknown to, and cannot be readily ascertained by, the constable;

(b)that the constable has reasonable grounds for doubting whether a name furnished by the relevant person as his name is his real name;

(c)that—

(i)the relevant person has failed to furnish a satisfactory address for service; or

(ii)the constable has reasonable grounds for doubting whether an address furnished by the relevant person is a satisfactory address for service;

(d)that the constable has reasonable grounds for believing that arrest is necessary to prevent the relevant person—

(i)causing physical injury to himself or any other person;

(ii)suffering physical injury;

(iii)causing loss of or damage to property;

(iv)committing an offence against public decency; or

(v)causing an unlawful obstruction on a road (within the meaning of Article 2(2) of the Road Traffic (Northern Ireland) Order 1981(1));

(e)that the constable has reasonable grounds for believing that arrest is necessary to protect a child or other vulnerable person from the relevant person.

(4) For the purposes of paragraph (3) an address is a satisfactory address for service if it appears to the constable—

(a)that the relevant person will be at it for a sufficiently long period for it to be possible to serve him with a summons; or

(b)that some other person specified by the relevant person will accept service of a summons for the relevant person at it.

(5) Nothing in paragraph (3)(d) authorises the arrest of a person under head (iv) of that sub-paragraph except where members of the public going about their normal business cannot reasonably be expected to avoid the person to be arrested.

(6) This Article shall not prejudice any power of arrest conferred apart from this Article.

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