PART 9POWER OF POLICE TO REMOVE PERSON TO PLACE OF SAFETY

Power of police to remove person from public place to place of safety

140Information to be given on removal

1

The removal of a person (“R”) from a public place under section 139 is not lawful unless R is informed—

a

before or at the time of being taken from the public place, or

b

as soon as practicable after that time,

that R is to be (or is being) removed to a place of safety under section 139.

2

If R arrives at the place of safety before it is practicable to give R that information, subsection (1) is to be read as requiring R to be informed as soon as practicable that R has been removed to a place of safety under section 139.

3

Nothing in this section is to be taken to require R to be informed if it was not reasonably practicable to inform R because R escaped before the information could be given.

4

In consequence of this section, Article 30 of PACE (information to be given on arrest) does not apply in relation to the removal of a person from a public place under section 139.