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Police and Criminal Evidence Act 1984

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This is the original version (as it was originally enacted).

30Arrest elsewhere than at police station

(1)Subject to the following provisions of this section, where a person—

(a)is arrested by a constable for an offence ; or

(b)is taken into custody by a constable after being arrested for an offence by a person other than a constable,

at any place other than a police station, he shall be taken to a police station by a constable as soon as practicable after the arrest.

(2)Subject to subsections (3) and (5) below, the police station to which an arrested person is taken under subsection (1) above shall be a designated police station.

(3)A constable to whom this subsection 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.

(4)Subsection (3) above applies—

(a)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 body of constables maintained by an authority other than a police authority.

(5)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.

(6)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 he is released previously.

(7)A person arrested by a constable at a place other than a police station shall be released if a constable is satisfied, before the person arrested reaches a police station, that there are no grounds for keeping him under arrest

(8)A constable who releases a person under subsection (7) above shall record the fact that he has done so.

(9)The constable shall make the record as soon as is practicable after the release.

(10)Nothing in subsection (1) above shall prevent a constable delaying taking a person who has been arrested to a police station if the presence of that person elsewhere is necessary in order to carry out such investigations as it is reasonable to carry out immediately.

(11)Where there is delay in taking a person who has been arrested to a police station after his arrest, the reasons for the delay shall be recorded when he first arrives at a police station.

(12)Nothing in subsection (1) above shall be taken to affect—

(a)paragraphs 16(3) or 18(1) of Schedule 2 to the [1971 c. 77.] Immigration Act 1971;

(b)section 34(1) of the [1972 c. 71.] Criminal Justice Act 1972 ; or

(c)paragraph 5 of Schedule 3 to the [1984 c. 8.] Prevention of Terrorism (Temporary Provisions) Act 1984 or any provision contained in an order under section 13 of that Act which authorises the detention of persons on board a ship or aircraft.

(13)Nothing in subsection (10) above shall be taken to affect paragraph 18(3) of Schedule 2 to the Immigration Act 1971.

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