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.