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The Police and Criminal Evidence (Northern Ireland) Order 1989

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The Police and Criminal Evidence (Northern Ireland) Order 1989, Section 30 is up to date with all changes known to be in force on or before 09 December 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation


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Information to be given on arrestN.I.

30.—(1) Subject to paragraph (5), where a person is arrested, otherwise than by being informed that he is under arrest, the arrest is not lawful unless the person arrested is informed that he is under arrest as soon as is practicable after his arrest.

(2) Where a person is arrested by a constable, paragraph (1) applies regardless of whether the fact of the arrest is obvious.

(3) Subject to paragraph (5) and without prejudice to[F1 section 83(2) of the Terrorism Act 2000], no arrest is lawful unless the person arrested is informed of the ground for the arrest at the time of, or as soon as is practicable after, the arrest.

(4) Where a person is arrested by a constable, paragraph (3) applies regardless of whether the ground for the arrest is obvious.

(5) Nothing in this Article is to be taken to require a person to be informed—

(a)that he is under arrest; or

(b)of the ground for the arrest,

if it was not reasonably practicable for him to be so informed by reason of his having escaped from arrest before the information could be given.

Modifications etc. (not altering text)

C3Art. 30 applied (with modifications) by 1994 c. 33, s. 137D(4)(a) Sch. 7B Pt. 3 (as inserted (31.1.2017 for specified purposes, 1.3.2018 in so far as not already in operation) by Policing and Crime Act 2017 (c. 3), s. 116(1)(3), 183(1)(5)(e), Sch. 16; S.I. 2018/227, art. 2(f))

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