Power to use reasonable force to detain personE+W
4(1)[F1Sub-paragraph (3) applies] where a designation—
(a)applies this paragraph to a person to whom any or all of paragraphs 1 to 3 are also applied; and
(b)[F2sets out matters] in respect of which that person has the power conferred by this paragraph.
(2)The matters that may be set out in a designation [F3as matters] in respect of which a person has the power conferred by this paragraph shall be confined to—
(a)offences that are relevant penalty notice offences for the purposes of the application of paragraph 1 to the designated person;
(b)offences that are relevant offences [F4or relevant licensing offences] for the purposes of the application of paragraph [F51A or] 2 to the designated person; and
(c)behaviour that constitutes acting in an anti-social manner (within the meaning of section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders)).
(3)In any case in which a person to whom this paragraph applies has imposed a requirement on any other person under [F6paragraph 1A(3)] or 3(1) in respect of anything appearing to him to be a matter set out in the designation, he may use reasonable force to prevent that other person from making off [F7and to keep him under control] while he is either—
(a)subject to a requirement imposed in that case by the designated person under sub-paragraph (3) of paragraph 2; or
(b)accompanying the designated person to a police station in accordance with an election made in that case under sub-paragraph (4) of that paragraph.
Textual Amendments
F1Words in Sch. 4 para. 4(1) substituted (1.12.2007) by Police and Justice Act 2006 (c. 48), ss. 9, 53, Sch. 5 para. 5(8)(a); S.I. 2007/3203, art. 2(c)
F2Words in Sch. 4 para. 4(1)(b) substituted (1.12.2007) by Police and Justice Act 2006 (c. 48), ss. 9, 53, Sch. 5 para. 5(8)(b); S.I. 2007/3203, art. 2(c)
F3Words in Sch. 4 para. 4(2) substituted (1.12.2007) by Police and Justice Act 2006 (c. 48), ss. 9, 53, Sch. 5 para. 5(8)(c);S.I. 2007/3203, art. 2(c)
F4Words in Sch. 4 para. 4(2)(b) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 122, 178, Sch. 9 para. 3(a); S.I. 2005/1521, art. 3(1)(h)(j)
F5Words in Sch. 4 para. 4(2)(b) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 122, 178, Sch. 8 para. 7(a); S.I. 2005/1521, art. 3(1)(h)(i)
F6Words in Sch. 4 para. 4(3) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 122, 178, Sch. 8 para. 7(b); S.I. 2005/1521, art. 3(1)(h)(i)
F7Words in Sch. 4 para. 4(3) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 122, 178, Sch. 9 para. 3(b); S.I. 2005/1521, art. 3(1)(h)(j)
Commencement Information
I1Sch. 4 para. 4 wholly in force at 23.12.2004; Sch. 4 para. 4 not in force at Royal Assent, see s. 108(2); Sch. 4 para. 4 in force for specified areas only at 2.12.2002 by S.I. 2002/2750, art. 3; Sch. 4 para. 4 in force in so far as not already in force at 23.12.2004 by S.I. 2004/3338, art. 2(c)