Part X Cross-Border Enforcement

C1C2138 Powers of arrest etc.: supplementary provisions.

1

The following provisions have effect to supplement section 137 (“the principal section”).

F31A

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F31B

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F32

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F32A

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3

F2The reasons referred to in F1subsection (6)(b) of the principal section are that—

a

the name of the suspected person is unknown to, and cannot readily be ascertained by, the constable;

b

the constable has reasonable grounds for doubting whether a name furnished by the suspected person as his name is his real name;

c

either—

i

the suspected person has failed to furnish a satisfactory address for service; or

ii

the constable has reasonable grounds for doubting whether an address furnished by the suspected person is a satisfactory address for service;

d

the constable has reasonable grounds for believing that arrest is necessary to prevent the suspected person—

i

causing physical injury to himself or any other person;

ii

suffering physical injury;

iii

causing loss of or damage to property;

iv

committing an offence against public decency; or

v

causing an unlawful obstruction of a highway or road; or

e

the constable has reasonable grounds for believing that arrest is necessary to protect a child or other vulnerable person from the suspected person.

4

F2For the purposes of subsection (3) above an address is a satisfactory address for service if it appears to the constable—

a

that the suspected person will be at it for a sufficiently long period for it to be possible to serve him with process; or

b

that some other person specified by the suspected person will accept service of process for the suspected person at it.

5

F2Nothing in subsection (3)(d) above authorises the arrest of a person under sub-paragraph (iv) of that paragraph except where members of the public going about their normal business cannot reasonably be expected to avoid the person to be arrested.

F46

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F47

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F48

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F49

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