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The Policing (Miscellaneous Provisions) (Northern Ireland) Order 2007

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This is the original version (as it was originally made).

Article 5

SCHEDULE 3ESCORT OFFICERS

This schedule has no associated Explanatory Memorandum

1.  Part 3 of Schedule 2 to the 2003 Act is amended as follows.

2.—(1) Paragraph 22 (power to take arrested person to a police station) is amended as follows.

(2) In sub-paragraph (1)(c)—

(a)in paragraph (ii) after “duty” insert “to keep that 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)..

3.—(1) Paragraph 23 (escort of persons in police detention) is amended as follows.

(2) In sub-paragraph (2)—

(a)in paragraph (b) after “duty” insert “to keep that person under control and”;

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

(3) After sub-paragraph (2) insert—

(2A) A person who has escorted another person to a police station or other place in accordance with an authorisation under sub-paragraph (1)—

(a)shall be under a duty to remain at the police station or other place until he has transferred control of the other person to a custody officer or other responsible person;

(b)until he has so transferred control of the other person, shall be treated for all purposes as having that person in his lawful custody;

(c)for so long as he is at the police station or other place or in its immediate vicinity in compliance with, or having complied with, his duty under sub-paragraph (a), shall be under a duty to prevent the escape of the other person and to assist in keeping him under control; and

(d)shall be entitled to use reasonable force for the purpose of complying with his duty under paragraph (c)..

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