Part 3Police powers etc.

Custody officers

120Staff custody officers: designation

1

Section 38 of the Police Reform Act 2002 (c. 30) (police powers for police authority employees) is amended as provided in subsections (2) to (4).

2

In subsection (2), after paragraph (d) add—

e

staff custody officer.

3

In subsection (6), after paragraph (d) add—

e

in the case of a person designated as a staff custody officer, Part 4A.

4

After subsection (9) add—

10

References in this section, section 42 or section 46(4) to powers and duties conferred or imposed on a designated person, or to a designated person’s being authorised or required to do anything by virtue of a designation under this section, or to a power or duty exercisable by a designated person in reliance on or by virtue of a designation under this section are, in the case of a staff custody officer at a police station designated under section 35(1) of the 1984 Act, references to those things in relation to him after his appointment as a custody officer for that police station under section 36(2) of that Act.

5

After Part 4 of Schedule 4 to the Police Reform Act 2002 (powers exercisable by police civilians) insert—

Part 4AStaff custody officers

35AExercise of functions of custody officers

1

Where a designation applies this paragraph to any person, he may (subject to sub-paragraph (2)) perform all the functions of a custody officer under the 1984 Act (except those under section 45A(4) of that Act) and under any other enactment which confers functions on such a custody officer.

2

But in relation to a police station designated under section 35(1) of the 1984 Act, the person must first also be appointed a custody officer for that police station under section 36(2) of that Act.

3

A person performing the functions of a custody officer by virtue of a designation under this paragraph (together with, if appropriate, an appointment as such) shall have all the powers and duties of a custody officer.

4

Except in sections 36 and 45A(4) of the 1984 Act, references in any enactment to a custody officer within the meaning of that Act include references to a person performing the functions of a custody officer by virtue of a designation under this paragraph.