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Paragraph 2 Powers of arrest and detention outside United KingdomF11I1

United Kingdom

(1)

A constable may in a control zone in France—

(a)

exercise any power of arrest conferred by a frontier control enactment or conferred by F1section 24 of the 1984 Act in respect of an offence under such an enactment,

(b)

make any arrest authorised by a warrant issued by a court in the United Kingdom, and

(c)

arrest any person whose name or description or both, together with particulars of an F2indictable offence of which there are reasonable grounds for suspecting him to be guilty, have been made available by a chief officer of police to other such officers.

(2)

For the purposes of sub-paragraph (1)(a) the reference in sub-paragraph (1) to a constable shall be construed—

(a)

in relation to the powers of arrest conferred by F3section 28A(1) and (3) of and paragraph 17(1) of Schedule 2 to the Immigration Act 1971f1, as including a reference both—

(i)

to an immigration officer appointed for the purposes of that Act under paragraph 1 of that Schedule, and

(ii)

to an officer of customs and excise who is the subject of arrangements for the employment of such officers as immigration officers made under that paragraph by the Secretary of State,

F4and where this sub-paragraph applies, the reference in sub-paragraph (1) to a control zone in France shall be construed as including a reference to a supplementary control zone in France,

F5(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

in relation to any arrest that may be made by a customs officer by virtue of section 138 of the Customs and Excise Management Act 1979 and an arrest for a drug trafficking offence as defined in F6paragraphs 1 and 10 of Schedule 2 to the Proceeds of Crime Act 2002, as including a reference to a customs officer.

(3)

A customs officer may

F7(a)

in a control zone in France arrest any person whose name or description or both, together with particulars of an arrestable offence (within the meaning of section 24 of the 1984 Act) which is an offence in relation to an assigned matter as defined in section 1(1) of the Customs and Excise Management Act 1979 and of which there are reasonable grounds for suspecting him to be guilty, have been made available to customs officers generally under the authority of the Commissioners of Customs and Excise F8;

(b)

within the tunnel system exercise any power of arrest conferred by a security control enactment in connection with the carrying out of security controls.

F9(3A)

An immigration officer may exercise the power of detention conferred by section 2(1) of the UK Borders Act 2007 in a control zone in France in respect of—

(a)

an individual who the immigration officer thinks might be liable to arrest by a constable under section 24(1), (2) or (3) of the Police and Criminal Evidence Act 1984 for an act or omission which would constitute an offence under a frontier control enactment if it had taken place in England, or

(b)

an individual subject to a warrant for arrest who is sought by the United Kingdom authorities.

(3B)

An immigration officer may exercise the power of detention conferred by section 2(1) of the UK Borders Act 2007 in a supplementary control zone in France in respect of—

(a)

an individual who an immigration officer thinks might be liable to arrest by a constable under section 24(1), (2) or (3) of the Police and Criminal Evidence Act 1984 for an act or omission which would constitute an offence under an immigration control enactment if it had taken place in England, or

(b)

an individual subject to a warrant for arrest who is sought by the United Kingdom authorities.

(4)

For the purpose of enabling constables to make arrests in France in the cases described in Article 40 of the international articles F10section 24 of the 1984 Act shall extend to France.

(5)

Where—

(a)

an arrest has been made for an offence of the kind mentioned in Article 39 of the international articles, and

(b)

it falls to the competent authorities in France to determine the exercise of jurisdiction in accordance with Article 38,

the person arrested shall be treated as continuing to be under arrest while in France until he is presented to those authorities as required by Article 41(a).

(6)

Where—

(a)

an arrest falling within sub-paragraph (4) or (5) above has been made, and

(b)

the competent authorities in France determine under Article 41 of the international articles that jurisdiction is to be exercised by the United Kingdom,

the person arrested shall be treated as having continued to be under arrest throughout, even if he was for some period in the custody of those authorities, and sections 30 and 41 of the 1984 Act shall apply accordingly.

(7)

Any power conferred by an enactment to search an arrested person may be exercised following an arrest authorised by this paragraph as if the person had been arrested in the United Kingdom.

Annotations

Textual amendments

F1

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

F2

Words in Sch. 3 Pt. 1 para. 2(1)(c) substituted (1.1.2006) by The Serious Organised Crime and Police Act 2005 (Powers of Arrest) (Consequential Amendments) Order 2005 (S.I. 2005/3389), arts. 1(1), 5

F3

Words in Sch. 3 Pt. 1 para. 2(2)(a) substituted (25.5.2001) by The Channel Tunnel (International Arrangements) (Amendment No. 3) Order 2001 (S.I. 2001/1544), arts. 1(2), 5(4)

F4

Words in Sch. 3 Pt. 1 para. 2(2)(a) added (25.5.2001) by The Channel Tunnel (International Arrangements) (Amendment No. 3) Order 2001 (S.I. 2001/1544), arts. 1(2), 5(4)

F5

Sch. 3 Pt. 1 para. 2(2)(b) revoked (19.2.2001) by The Channel Tunnel (International Arrangements) (Amendment) Order 2001 (S.I. 2001/178), arts. 1, 3(a)

F6

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

F7

Words in Sch. 3 para. 2(3) renumbered as Sch. 3 para. 2(3)(a) (6.7.2012 as notified in the London Gazette dated 26.7.2012) by The Channel Tunnel (International Arrangements) (Amendment) Order 2012 (S.I. 2012/1264), arts. 1(2)(3), 6(2)(a)

F8

Sch. 3 para. 2(3)(b) inserted (6.7.2012 as notified in the London Gazette dated 26.7.2012) by The Channel Tunnel (International Arrangements) (Amendment) Order 2012 (S.I. 2012/1264), arts. 1(2)(3), 6(2)(b)

F9

Sch. 3 para. 2(3A)(3B) inserted (16.4.2015) by The Channel Tunnel (International Arrangements) and Channel Tunnel (Miscellaneous Provisions) (Amendment) Order 2015 (S.I. 2015/856), arts. 1, 3(2)

F10

Words in Sch. 3 para. 2(4) substituted (1.12.2021) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2021 (S.I. 2021/1196), arts. 1(2), 2(3)(c)

F11

Words in Sch. 3 para. 2 heading inserted (16.4.2015) by The Channel Tunnel (International Arrangements) and Channel Tunnel (Miscellaneous Provisions) (Amendment) Order 2015 (S.I. 2015/856), arts. 1, 3(1)

Commencement

I1

Sch. 3 Pt. I para. 2 comes into force at 2.8.1993 as notified in the London Gazette dated 6.8.1993, see art. 1

Footnotes

f1

1971 c. 77.

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)