Office of Public Sector Information
SCHEDULE 4 continued PART 3 continued
30 Where a designation applies this paragraph to any person, the requirement by virtue of section 62(7A)(a) of the 1984 Act (intimate samples) that a person must be informed by an officer that a sample taken from him may be the subject of a speculative search shall be capable of being discharged, in the case of a person in a police station in the relevant police area, by his being so informed by the person to whom this paragraph applies.
31 Where a designation applies this paragraph to any person—
(a) he shall have the power of a constable under section 63 of the 1984 Act (non-intimate samples), in the case of a person in a police station in the relevant police area, to take a non-intimate sample without the appropriate consent;
(b) the requirement by virtue of subsection (6) of that section (information about authorisation) that a person must be informed by an officer of the matters mentioned in that subsection shall be capable of being discharged, in the case of an authorisation in relation to a person in a police station in the relevant police area, by his being so informed by the person to whom this paragraph applies; and
(c) the requirement by virtue of subsection (8B)(a) of that section that a person must be informed by an officer that a sample taken from him may be the subject of a speculative search shall be capable of being discharged, in the case of a person in such a police station, by his being so informed by the person to whom this paragraph applies.
32 Where a designation applies this paragraph to any person, he shall, as respects any police station in the relevant police area, have the power of a constable under subsection (4) of section 63A of the 1984 Act (supplementary provisions relating to fingerprints and samples) to require a person to attend a police station in order to have a sample taken.
33 Where a designation applies this paragraph to any person, he shall, at police stations in the relevant police area, have the power of a constable under section 64A of the 1984 Act (photographing of suspects etc.) to take a photograph of a person detained at a police station.
34 (1) Where a designation applies this paragraph to any person—
(a) the persons who, in the case of a person arrested by a constable in the relevant police area, are authorised for the purposes of subsection (1) of section 30 of the 1984 Act (procedure on arrest of person elsewhere than at a police station) to take the person arrested to a police station in that area shall include that person;
(b) that section shall have effect in relation to the exercise by that person of the power conferred by virtue of paragraph (a) as if the references to a constable in subsections (3), (4)(a) and (10) (but not the references in subsections (5) to (9)) included references to that person; and
(c) a person who is taking another person to a police station in exercise of the power conferred by virtue of paragraph (a)—
(i) shall be treated for all purposes as having that person in his lawful custody;
(ii) shall be under a duty to prevent his escape; and
(iii) shall be entitled to use reasonable force to keep that person in his charge.
(2) Without prejudice to any designation under paragraph 26, where a person has another in his lawful custody by virtue of sub-paragraph (1) of this paragraph—
(a) he shall have the same powers under subsections (6A) and (6B) of section 54 of the 1984 Act (non-intimate searches) as a constable has in the case of a person in police detention—
(i) to carry out a search of the other person; and
(ii) to seize or retain, or cause to be seized or retained, anything found on such a search;
(b) subsections (6C) and (9) of that section (restrictions on power to seize personal effects and searches to be carried out by a member of the same sex) shall apply to the exercise by a person to whom this paragraph is applied of any power exercisable by virtue of this sub-paragraph as they apply to the exercise of the power in question by a constable.
35 (1) Where a designation applies this paragraph to any person, that person may be authorised by the custody officer for any designated police station in the relevant police area to escort a person in police detention—
(a) from that police station to another police station in that or any other police area; or
(b) from that police station to any other place specified by the custody officer and then either back to that police station or on to another police station in that area or in another police area.
(2) Where a designation applies this paragraph to any person, that person may be authorised by the custody officer for any designated police station outside the relevant police area to escort a person in police detention—
(a) from that police station to a designated police station in that area; or
(b) from that police station to any place in that area specified by the custody officer and either back to that police station or on to another police station (whether in that area or elsewhere).
(3) A person who is escorting another in accordance with an authorisation under sub-paragraph (1) or (2)—
(a) shall be treated for all purposes as having that person in his lawful custody;
(b) shall be under a duty to prevent his escape; and
(c) shall be entitled to use reasonable force to keep that person in his charge.
(4) Without prejudice to any designation under paragraph 26, where a person has another in his lawful custody by virtue of sub-paragraph (3) of this paragraph—
(a) he shall have the same powers under subsections (6A) and (6B) of section 54 the 1984 Act (non-intimate searches) as a constable has in the case of a person in police detention—
(i) to carry out a search of the other person; and
(ii) to seize or retain, or cause to be seized or retained, anything found on such a search;
(b) subsections (6C) and (9) of that section (restrictions on power to seize personal effects and searches to be carried out by a member of the same sex) shall apply to the exercise by a person to whom this paragraph is applied of any power exercisable by virtue of this sub-paragraph as they apply to the exercise of the power in question by a constable.
(5) Section 39(2) of that Act (responsibilities of custody officer transferred to escort) shall have effect where the custody officer for any police station transfers or permits the transfer of any person to the custody of a person who by virtue of this paragraph has lawful custody outside the police station of the person transferred as it would apply if the person to whom this paragraph applies were a police officer.
36 (1) In this Schedule “the relevant police area”—
(a) in relation to a designation under section 38 or 39 by the chief officer of any police force, means the police area for which that force is maintained; and
(b) in relation to a designation under section 38 by a Director General, means England and Wales.
(2) In this Schedule “a designation” means a designation under section 38.
(3) In Parts 3 and 4 of this Schedule “a designation” also includes a designation under section 39.
(4) Expressions used in this Schedule and in the 1984 Act have the same meanings in this Schedule as in that Act.
Police Reform Act 2002