C1C6 Part III Arrest

Annotations:
Modifications etc. (not altering text)
C1

Pt. III: Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para. 1; S.I. 2003/708, art. 2(j)

Pt. III: Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 74; S.I. 2003/708, art. 2(j)

C2C4C530 Arrest elsewhere than at police station.

C14C7C10F21

Subsection (1A) applies where a person is, at any place other than a police station—

C9a

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.

C14C7C10C111A

The person must be taken by a constable to a police station as soon as practicable after the arrest.

C14C7C10C111B

Subsection (1A) has effect subject to section 30A (release F9of a person arrested elsewhere than at police station) and subsection (7)(release without bail).

C3C14C7C102

Subject to subsections (3) and (5) below, the police station to which an arrested person is taken under F3subsection (1A) above shall be a designated police station.

C3C14C7C103

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.

C14C7C104

Subsection (3) above applies—

C3C14C7C10a

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 F10local policing body.

C3C12C13C155

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.

C3C12C13C156

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.

C12C13C15C8F47

A person arrested by a constable at any place other than a police station must be released without bail if the condition in subsection (7A) is satisfied.

C12C13C15C87A

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 F8....

C3C12C13C15C88

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

C3C12C13C15C89

The constable shall made the record as soon as is practicable after the release.

C3C12C13C15C8F510

Nothing in subsection (1A) or in section 30A prevents a constable delaying taking a person to a police station or releasing him F7under section 30A if the condition in subsection (10A) is satisfied.

C12C13C15C810A

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.

C3C12C13C15C811

Where there is any such delay the reasons for the delay must be recorded when the person first arrives at the police station or (as the case may be) is released F7under section 30A.

C12C1312

Nothing in F6subsection (1A) or section 30A above shall be taken to affect—

a

paragraphs 16(3) or 18(1) of Schedule 2 to the M1Immigration Act 1971;

b

section 34(1) of the M2Criminal Justice Act 1972; F12...

F1c

any provision of the Terrorism Act 2000F11; or

d

section 27 of and Schedule 6 to the National Security Act 2023.

C12C1313

Nothing in subsection (1) above shall be taken to affect paragraph 18(3) of Schedule 2 to the Immigration Act 1971.