Part XIU.K. Miscellaneous and Supplementary

Modifications etc. (not altering text)

118 General interpretation. U.K.

(1)In this Act—

  • F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F2[F3“British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);]

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

  • “document” [F4means anything in which information of any description is recorded.];

  • F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “item subject to legal privilege” has the meaning assigned to it by section 10 above;

  • “parent or guardian” means—

    (a)

    in the case of a child or young person in the care of a local authority, that authority; F6 . . .

    (b)

    F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “premises” has the meaning assigned to it by section 23 above;

  • “recordable offence” means any offence to which regulations under section 27 above apply;

  • “vessel” includes any ship, boat, raft or other apparatus constructed or adapted for floating on water.

(2)[F7Subject to subsection (2A)] a person is in police detention for the purposes of this Act if—

[F8(a)he has been taken to a police station after being arrested for an offence or after being arrested under section 41 [F9or 43B] of the Terrorism Act 2000 [F10or section 27 of the National Security Act 2023], or]

(b)he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it,

and is detained there or is detained elsewhere in the charge of a constable, except that a person who is at a court after being charged is not in police detention for those purposes.

[F11(2A)Where a person is in another’s lawful custody by virtue of paragraph F12... 34(1) or 35(3) of Schedule 4 to the Police Reform Act 2002, he shall be treated as in police detention.]]

Extent Information

E1For the extent of this Act see s. 120(11)

Textual Amendments

F2S. 118(1): definition of "British Transport Police Force" ceased to have effect (1.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 73, 120, Sch. 5 para. 4(1)(b)(2) (with s. 72); S.I. 2004/1572, art. 3(ddd)(jjj)

F3Words in s. 118(1) inserted (14.12.2001) by 2001 c 24, s. 101, Sch. 7 para. 14

F4Words in definition of "document" in s. 118(1) substituted (31.1.1997) by 1995 c. 38, s. 15(1), Sch. 1 para. 9(3) (with ss. 1(3), 6(4)(5), 14); S.I. 1996/3217, art. 2

F5Definition of "intimate search" in s. 118(1) repealed (10.4.1995) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1995/721, art. 2, Sch. Appendix B

F6In s. 118, paragraph (b) of definition and the word immediately preceding it repealed (E.W.)(14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F8S. 118(2)(a) substituted (19.2.2001) by 2000 c. 11, s. 125(1), Sch. 15 para. 5(12); S.I. 2001/421, art. 2

Modifications etc. (not altering text)

C2S. 118 applied with modifications by S.I. 1985/1882, arts. 3, 10