PART IVARREST
Arrest elsewhere than at police station32
C1C2F11
Paragraph (1A) shall apply where a person is, at any place other than a police station—
a
arrested by a constable for an offence; or
b
taken into custody by a constable after being arrested for an offence by a person other than a constable.
C1C21A
The person must be taken by a constable to a police station as soon as practicable after the arrest.
C1C22
Subject to paragraphs (3) and (6), the police station to which an arrested person is taken underF1 paragraph (1A) shall be a designated police station.
C1C23
A constable to whom this paragraph applies may take an arrested person to any police station unless it appears to the constable that it may be necessary to keep the arrested person in police detention for more than six hours.
C24
Paragraph (3) applies—
C1a
to a constable who is working in a locality covered by a police station which is not a designated police station; and
b
to a constable belonging to a constabulary not maintained by theF2 Policing Board.
C3C25
Any constable may take an arrested person to any police station if—
a
either of the following conditions is satisfied—
i
the constable has arrested him without the assistance of any other constable and no other constable is available to assist him;
ii
the constable has taken him into custody from a person other than a constable without the assistance of any other constable and no other constable is available to assist him; and
b
it appears to the constable that he will be unable to take the arrested person to a designated police station without the arrested person injuring himself, the constable or some other person.
C3C26
Any constable may take an arrested person to any police station if it appears to the constable that he will be unable to take the arrested person to a designated police station without exposing the arrested person or himself to an unacceptable risk of injury.
C3C27
If the first police station to which an arrested person is taken after his arrest is not a designated police station, he shall be taken to a designated police station not more than six hours after his arrival at the first police station unless—
a
he is released previously; or
b
the arrest was made by a police officer and the continued detention at the first police station is authorised by an officer not below the rank of superintendent.
C3C28
For the purposes of paragraph (7)(b) such an officer may authorise the continued detention of a person at the first police station to which the person is taken only if that officer is satisfied on reasonable grounds that it would expose the person, and those accompanying him, to an unacceptable risk of injury if he were to be taken from the first police station.
C3C29
Where the continued detention of a person at the first police station is authorised under paragraph (8), the police officer who gave the authorisation shall—
a
as soon as practicable thereafter, make a record of—
i
the time at which the authorisation was given, and
ii
the reasons for giving it; and
b
revoke that authorisation as soon as he is satisfied that the reasons for giving it no longer apply.
C3C2F110
A person arrested by a constable at any place other than a police station must be released without bail if the condition in paragraph (10A) is satisfied.
C3C210A
The condition is that, at any time before the person arrested reaches a police station, a constable is satisfied that there are no grounds for keeping him under arrest or releasing him on bail under Article 32A.
C3C211
A constable who releases a person under paragraph (10) shall record the fact that he has done so.
C3C2F113
Nothing in paragraph (1A) or in Article 32A prevents a constable delaying taking a person to a police station or releasing him on bail if the condition in paragraph (13A) is satisfied.
C3C213A
The condition is that the presence of the person at a place (other than a police station) is necessary in order to carry out such investigations as it is reasonable to carry out immediately.
C3C214
Where there is any such delay the reasons for the delay must be recorded when the person first arrives at a police station or (as the case may be) is released on bail.
15
Nothing inF1 paragraph (1A) or Article 32A shall be taken to affect—
c
section 27 of and Schedule 6 to the National Security Act 2023.
16
Nothing in paragraph (13) shall be taken to affect paragraph 18(3) of Schedule 2 to the Immigration Act 1971.