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The Police and Criminal Evidence (Northern Ireland) Order 1989

Status:

This is the original version (as it was originally made).

Limitations on police detention

35.—(1) A person arrested for an offence shall not be kept in police detention except in accordance with the provisions of this Part.

(2) Subject to paragraph (3), if at any time a custody officer—

(a)becomes aware, in relation to any person in police detention, that the grounds for the detention of that person have ceased to apply; and

(b)is not aware of any other grounds on which the continued detention of that person could be justified under the provisions of this Part,

it shall be the duty of the custody officer, subject to paragraph (4), to order his immediate release from custody.

(3) No person in police detention shall be released except on the authority of a custody officer at the police station where his detention was authorised or, if it was authorised at more than one station, a custody officer at the station where it was last authorised.

(4) Nothing in this Part requires the release of a person who appears to the custody officer to have been unlawfully at large when he was arrested.

(5) Subject to paragraph (6), a person whose release is ordered under paragraph (2) shall be released without bail.

(6) Where—

(a)it appears to the custody officer—

(i)that there is need for further investigation of any matter in connection with which that person was detained at any time during his detention; or

(ii)that proceedings may be taken against that person in respect of any such matter; and

(b)the custody officer considers that, having regard to all the circumstances, that person should be released only on bail,

the custody officer shall so release that person.

(7) For the purposes of this Part a person arrested under Article 146(3)(b) of the Road Traffic (Northern Ireland) Order 1981(1) is arrested for an offence.

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