Modifications etc. (not altering text)
C1Pt. XI incorporated (E.W.S.) (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52
(1)In this Act—
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2[F3“British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);]
“designated police station” has the meaning assigned to it by section 35 above;
“document” [F4means anything in which information of any description is recorded.];
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“item subject to legal privilege” has the meaning assigned to it by section 10 above;
“parent or guardian” means—
“premises” has the meaning assigned to it by section 23 above;
“recordable offence” means any offence to which regulations under section 27 above apply;
“vessel” includes any ship, boat, raft or other apparatus constructed or adapted for floating on water.
(2)[F7Subject to subsection (2A)] a person is in police detention for the purposes of this Act if—
[F8(a)he has been taken to a police station after being arrested for an offence or after being arrested under section 41 of the Terrorism Act 2000, or]
(b)he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it,
and is detained there or is detained elsewhere in the charge of a constable, except that a person who is at a court after being charged is not in police detention for those purposes.
[F9(2A)Where a person is in another’s lawful custody by virtue of paragraph F10... 34(1) or 35(3) of Schedule 4 to the Police Reform Act 2002, he shall be treated as in police detention.]]
Extent Information
E1For the extent of this Act see s. 120(11)
Textual Amendments
F1S. 118(1): definition of "arrestable offence" repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 174(2), 178, Sch. 7 Pt. 1 para. 24(2), Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(m)(t)(u)(xxiv)
F2S. 118(1): definition of "British Transport Police Force" ceased to have effect (1.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 73, 120, Sch. 5 para. 4(1)(b)(2) (with s. 72); S.I. 2004/1572, art. 3(ddd)(jjj)
F3Words in s. 118(1) inserted (14.12.2001) by 2001 c 24, s. 101, Sch. 7 para. 14
F4Words in definition of "document" in s. 118(1) substituted (31.1.1997) by 1995 c. 38, s. 15(1), Sch. 1 para. 9(3) (with ss. 1(3), 6(4)(5), 14); S.I. 1996/3217, art. 2
F5Definition of "intimate search" in s. 118(1) repealed (10.4.1995) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1995/721, art. 2, Sch. Appendix B
F6In s. 118, paragraph (b) of definition and the word immediately preceding it repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F7Words in s. 118(2) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 107, Sch. 7 para. 9(9); S.I. 2002/2750, art. 2(b)(ii)
F8S. 118(2)(a) substituted (19.2.2001) by 2000 c. 11, s. 125(1), Sch. 15 para. 5(12); S.I. 2001/421, art. 2
F9S. 118(2A) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 107, Sch. 7 para. 9(9); S.I. 2002/2750, art. 2(b)(ii)
F10Word in s. 118(2A) omitted (22.2.2018) by virtue of The Policing and Crime Act 2017 (Consequential Amendments) Regulations 2018 (S.I. 2018/226), regs. 1, 5(2)
Modifications etc. (not altering text)
C2S. 118 applied with modifications by S.I. 1985/1882, arts. 3, 10
C3S. 118 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 73, 120, Sch. 5 para. 4(1)(a)(2) (with s. 72); S.I. 2004/1572, art. 3(ddd)(jjj)
C4S. 118 applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(w), Sch.