Police and Criminal Evidence Act 1984, section 30

Arrest elsewhere than at police station

Part III Arrest

[F106 (1)Subsection (1A) applies where a person is, at any place other than a police station—

(a)arrested by a constable for an offence, or

(b)taken into custody by a constable after being arrested for an offence by a person other than a constable.

(1A)The person must be taken by a constable to a police station as soon as practicable after the arrest.

(1B)Subsection (1A) has effect subject to section 30A (release [F107 of a person arrested elsewhere than at police stationF107] ) and subsection (7)(release without bail).F106]

(2)Subject to subsections (3) and (5) below, the police station to which an arrested person is taken under [F108subsection (1A)F108] above shall be a designated police station.

(3)A constable to whom this subsection applies may take an arrested person to any police station unless it appears to the constable that it may be necessary to keep the arrested person in police detention for more than six hours.

(4)Subsection (3) above applies—

(a)to a constable who is working in a locality covered by a police station which is not a designated police station; and

(b)to a constable belonging to a body of constables maintained by an authority other than a [F109local policing bodyF109] .

(5)Any constable may take an arrested person to any police station if—

(a)either of the following conditions is satisfied—

(i)the constable has arrested him without the assistance of any other constable and no other constable is available to assist him;

(ii)the constable has taken him into custody from a person other than a constable without the assistance of any other constable and no other constable is available to assist him; and

(b)it appears to the constable that he will be unable to take the arrested person to a designated police station without the arrested person injuring himself, the constable or some other person.

(6)If the first police station to which an arrested person is taken after his arrest is not a designated police station, he shall be taken to a designated police station not more than six hours after his arrival at the first police station unless he is released previously.

[F110 (7)A person arrested by a constable at any place other than a police station must be released without bail if the condition in subsection (7A) is satisfied.

(7A)The condition is that, at any time before the person arrested reaches a police station, a constable is satisfied that there are no grounds for keeping him under arrest F111....F110]

(8)A constable who releases a person under subsection (7) above shall record the fact that he has done so.

(9)The constable shall made the record as soon as is practicable after the release.

[F112 (10)Nothing in subsection (1A) or in section 30A prevents a constable delaying taking a person to a police station or releasing him [F113 under section 30AF113] if the condition in subsection (10A) is satisfied.

(10A)The condition is that the presence of the person at a place (other than a police station) is necessary in order to carry out such investigations as it is reasonable to carry out immediately.

(11)Where there is any such delay the reasons for the delay must be recorded when the person first arrives at the police station or (as the case may be) is released [F113 under section 30AF113] .F112]

(12)Nothing in [F114subsection (1A) or section 30AF114] above shall be taken to affect—

(a)M17paragraphs 16(3) or 18(1) of Schedule 2 to the Immigration Act 1971;

(b)M18,F115section 34(1) of the Criminal Justice Act 1972; ...

[F116 (c)any provision of the Terrorism Act 2000F116][F117 ; or

(d)section 27 of and Schedule 6 to the National Security Act 2023.F117]

(13)Nothing in subsection (1) above shall be taken to affect paragraph 18(3) of Schedule 2 to the Immigration Act 1971.

Definitions used in section 30 1

designated police station

“designated police station” has the meaning assigned to it by section 35 above;

Defined in s.118(1) · see it in the full Act

(4) In this Act “designated police station” means a police station for the time being designated under this section.

Defined in s.35(4) · see it in the full Act

Cases considering section 30 4

King & Ors v R

[2012] EWCA Crim 805 · 27 April 2012

The court treated the provision as applying to the arrest of a person away from a police station. Its application provided the statutory context for the challenge to the covert recording (see paras [15]; [20]-[21]). The court considered the statutory exception allowing a delay in taking an arrested person to a police station where the stated condition is met. It did not need to decide that the exception had been invoked because it upheld the finding of no delay (see paras [15]; [19]-[20]). The provision states the condition for delaying transfer to a police station to carry out reasonable immediate investigations. The court considered it in assessing the alleged breach, but upheld the finding that no avoidable delay occurred (see paras [15]; [19]-[20]). The court upheld the judge’s finding that King was taken to the police station as soon as practicable in the circumstances. It rejected the assertion that the operation created a deliberate delay to obtain the recording (see paras [19]-[20]; [27]).

Bond & Anor, R v

[2020] EWCA Crim 1596 · 27 November 2020

There was insufficient evidence for the court to determine whether the route after arrest breached the duty to take a suspect to a police station as soon as practicable. Any short delay, if established, would not have altered the admissibility decision (see paras [90]-[94]).

Plunkett & Anor, R v

[2013] EWCA Crim 261 · 13 March 2013

The court considered the statutory exception permitting delay in taking an arrested person to a police station where the condition in section 30(10A) is met. It did not resolve whether the exception applied, because the factual issue was not raised below. (see paras [55]-[58]) The court considered the condition that the arrested person's presence elsewhere be necessary for immediately reasonable investigations. It did not make a factual finding on the condition, but held that any assumed breach would not have made the trial unfair. (see paras [55]-[60]) The court could not determine whether the duty to take the appellants to a police station as soon as practicable had been breached because the issue was not raised at trial. Even if there had been a breach, it would have been minor and would not have required exclusion on the facts. (see paras [55]-[60])

What each judgment says about section 30 is in the case-law panel in the full Act.

Amendments and notes

28 notes from legislation.gov.uk

Amendments

  1. F106S. 30(1)-(1B) substituted (20.1.2004) for s. 30(1) by Criminal Justice Act 2003 (c. 44), ss. 4(2), 336; S.I. 2004/81, art. 2(1)(2)(a)
  2. F107Words in s. 30(1)(b) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 53(3)(a), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)
  3. F108Words in s. 30(2) substituted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 4(3), 336; S.I. 2004/81, art. 2(1)(2)(a)
  4. F109Words in s. 30(4)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 161; S.I. 2011/3019, art. 3, Sch. 1
  5. F110S. 30(7)(7A) substituted for s. 30(7) (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 4(4), 336; S.I. 2004/81, art. 2(1)(2)(a)
  6. F111Words in s. 30(7A) omitted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 53(3)(b), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)
  7. F112S. 30(10)(10A)(11) substituted (20.1.2004) for s. 30(10)(11) by Criminal Justice Act 2003 (c. 44), ss. 4(5), 336; S.I. 2004/81, art. 2(1)(2)(a)
  8. F113Words in s. 30(10)(11) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 53(3)(c), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)
  9. F114Words in s. 30(12) substituted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 4(6), 336; S.I. 2004/81, art. 2(1)(2)(a)
  10. F115Word in s. 30(12)(b) omitted (20.12.2023) by virtue of The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 7(2)(a)
  11. F116S. 30(12)(c) substituted (19.2.2001) by 2000 c. 11, ss. 125, Sch. 15 para. 5(2) (with s. 129(1)(b)); 2001/421, art. 2
  12. F117S. 30(12)(d) and word inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 7(2)(b)

Modifications

  1. C317S. 30 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 2(6); s. 30 extended by the said S.I. 1993/1813, art. 6, Sch. 3 para. 2 as in corporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 3
  2. C318S. 30 modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 4 para. 34(1)(b); S.I. 2002/2750, art. 2(a)(ii)(d)
  3. C319S. 30 applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(1)-(3) (as inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1), 53 (with s. 18(2)); S.I. 2007/1614, art. 2(e))
  4. C320S. 30 applied in part (with modifications) (7.4.2026) by The Police and Criminal Evidence Act 1984 (Application to Enforcement Officers) Regulations 2026 (S.I. 2026/303), regs. 1(1), 3, 4(q), Sch. paras. 1-10, 20
  5. C321S. 30(1)-(4)(a) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)
  6. C322S. 30(1)-(4)(a) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 3(2)-(4), Sch. 1 (with arts. 4-11)
  7. C323S. 30(1)-(4)(a) applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)
  8. C324S. 30(1)(a) applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(q), Sch.
  9. C325S. 30(1A)(1B) applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(q), Sch.
  10. C326Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2
  11. C327S. 30(5)-(13) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 3(2)-(4), Sch. 1 (with arts. 4-11)
  12. C328S. 30(5)-(13) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)
  13. C329S. 30(5)-(11) applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)
  14. C330S. 30(7)-(11) applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(q), Sch.

Marginal citations

  1. M171971 c. 77.
  2. M181972 c. 71.