Clause 65 - Restriction on powers of arrest by
Electoral Administration Bill
3:30 pm
David Heath (Shadow Secretary of State for Constitutional Affairs & Shadow Leader of the House, Law Officers (Constitutional Affairs); Somerton and Frome, Liberal Democrat)
Because I am not a constable and, under the clause, I cannot make a citizen's arrest and arrest outside the polling station someone who commits or who is suspected of committing an offence if the offence is committed or is suspected of having been committed inside a polling station. That is where the offence has been committed. It has not been committed outside, so I cannot detain that person outside the polling station.
The Under-Secretary needs to reconstruct the clause if he intends it to read that a person may not make a citizen's arrest inside a polling station, so that it is possible to make a citizen's arrest outside the polling station for an offence that is committed inside. At the moment, however, the clause says that no one other than a police constable may detain that person as he leaves the polling station and say, ''You have just committed an offence and I am detaining you under the Police and Criminal Evidence Act 1984,'' until a police constable can effect an arrest. That is the effect of the clause.
I do not want to strain the patience of the Committee any longer, but the Under-Secretary needs to consider very carefully what the clause says, because it does not say what he believes it to say.
Question put and agreed to.
Clause 65 ordered to stand part of the Bill.
Clause 66 ordered to stand part of the Bill.
Further consideration adjourned—[Mr. Brennan.]
Adjourned accordingly at thirteen minutes to Four o'clock till Tuesday 22 November at half-past Ten o'clock.