HC Deb 15 May 1984 vol 60 c281
Mr. Eldon Griffiths

I beg to move amendment No. 321, in page 23, line 5, leave out subsection (2).

I shall not make a long speech. As I said in Committee, if a policeman is given the discretion to release, there is a risk of corruption, and of him taking the person concerned a distance from that place and releasing him on the highway in a fashion that would be punishing to him. The Police Federation and the superintendents association wish this discretion not to be available to the police.

Mr. Mellor

As my right hon. Friend the Minister said in Committee, we think that if there as been a mistaken arrest, the quicker it is rectified the better, and it would be artificial to require the officer who was certain that he had the wrong chap nevertheless to take the person to the police station, however long that took, and however far away it was. On that basis, I continue, I hope with consistency, to advise my hon. Friend to resist the amendment.

Mr. Kaufman

The Opposition agree with the Under-Secretary and agree that the issue that we raised in Committee and about which we expressed concern is rectified by amendment No. 72, for which we are grateful.

Amendment negatived.

Amendments made: No. 72, in page 23, line 8, at end insert— `(2A) A constable who releases a person under subsection (2) above shall record the fact that he has done so. (2B) The constable shall make the record as soon as is practicable after the release.'.

No. 73, line 11, leave out 'for the effective investigation of an offence and insert 'in order to carry out such investigations as it is reasonable to carry out immediately.'.

No. 74, in page 23, line 15, at end insert— '(5) Nothing in subsection (1) above shall be taken to affect—

  1. (a) paragraphs 16(3) or 18(1) of Schedule 2 to the Immigration Act 1971; or
  2. (b) paragraph 5 of Schedule 3 to the Prevention of Terrorism (Temporary Provisions) Act 1984 or any provision contained in an order under section 13 of that Act which authorises the detention of persons on board a ship or aircraft.
(6) Nothing in subsection (3) above shall be taken to affect paragraph 18(3) of Schedule 2 to the Immigration Act 1971.'. —[Mr. Mellor.]

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