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Paragraph 1 Power to assist French authoritiesI1

United Kingdom

(1)

Where—

(a)

an officer belonging to the French Republic has in a control zone in the United Kingdom F1or in a supplementary control zone in the United Kingdom arrested or detained a person as permitted by Article 10(1) of the international articles and Article 2 of the supplementary articles, and

(b)

such an officer so requests,

a constable or an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979f1 (in this Schedule referred to as a “customs officer”) may make arrangements for the person to be taken into temporary custody.

(2)

A person taken into temporary custody under sub-paragraph (1)—

(a)

shall be treated for all purposes as being in lawful custody, and

(b)

may be taken to a police station or such other place as may be appropriate in the circumstances, and shall in that case be treated as being a person in whose case sections 36(7) and (8), 54 to 56 and 58 of the Police and Criminal Evidence Act 1984f2 (in this Schedule referred to as “the 1984 Act”), and in the case of a child or young person section F234(2) to (9) of the Children and Young Persons Act 1933f3, apply, and

(c)

must be returned, before the end of the period for which he could in the circumstances be detained in the United Kingdom under Article 10 of the international articles F3or Article 2 of the supplementary articles, to a place where detention under that Article could be resumed.

F4(3)

Where a person falls to be treated as mentioned in sub-paragraph (2)(b) section 56 of the 1984 Act shall be taken to apply as if he were detained for F5an indictable offence.

Annotations

Textual amendments

F1

Words in Sch. 3 Pt. 1 para. 1(1)(a) inserted (25.5.2001) by The Channel Tunnel (International Arrangements) (Amendment No. 3) Order 2001 (S.I. 2001/1544), arts. 1(2), 5(2)

F2

Words in Sch. 3 para. 1(2)(b) substituted (1.12.2021) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2021 (S.I. 2021/1196), arts. 1(2), 2(2)(a)

F3

Words in Sch. 3 Pt. 1 para. 1(2)(c) inserted (25.5.2001) by The Channel Tunnel (International Arrangements) (Amendment No. 3) Order 2001 (S.I. 2001/1544), arts. 1(2), 5(3)

F4

Sch. 3 Pt. 1 para. 1(3) inserted (1.7.1994) by The Channel Tunnel (Miscellaneous Provisions) Order 1994 (S.I. 1994/1405), art. 1(3)(a), Sch. 4 para. 10(a)

F5

Words in Sch. 3 para. 1(3) substituted (1.12.2021) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2021 (S.I. 2021/1196), arts. 1(2), 2(2)(b)

Commencement

I1

Sch. 3 Pt. I para. 1 comes into force at 2.8.1993 as notified in the London Gazette dated 6.8.1993, see art. 1

Footnotes

f1

1979 c. 2.

f2

1984 c. 60, applied to Customs and Excise with modifications by S.I. 1985/1800, 1987/439.

f3

1933 c. 12; section 34(2) to (7) and (8) to (11) were substituted by the Police and Criminal Evidence Act 1984, section 57; section 34(7) and (8) were amended, and section 34(7A) inserted, by the Children Act 1989 (c. 41), section 108(5) and (7), Schedule 13 paragraph 6, and Schedule 15.

Notes on Part I

Modifications

C1

Sch. 3 Pt. 1 incorporated (with modifications) (1.12.1997) by The Channel Tunnel (Miscellaneous Provisions) Order 1994 (S.I. 1994/1405), art. 1(1), Sch. 3 (as amended (coming into force in accordance with art. 1(3)(4) of the amending S.I.) by S.I. 2021/1196, art. 3)