OpenLegislation

Paragraph 3 Arrested persons held in FranceI1

United Kingdom

(1)

Where—

(a)

an arrest of any kind authorised by paragraph 2 above has been made in a control zone in France F1or in a supplementary control zone in France, or

(b)

an arrest of any such kind has been made in the United Kingdom and the person arrested enters such a control zone while under arrest,

the person arrested may be held in France for a period of not more than 24 hours and, if there are exceptional circumstances and an officer belonging to the French Republic is notified of the extension, for a further such period.

(2)

F2The person arrested shall be treated as if the place where he is held were for the purposes of the provisions mentioned in paragraph 1(2)(b) above and those of sections 61 to F364A of the 1984 Act a police station F4... in England, not being a police station F5designated under section 35 of the 1984 Act, and section 34(1) to (5E) of the 1984 Act shall also apply in such a case.

F6(2A)

Subject to sub-paragraph (3), the person arrested, where the arrest was made by a customs officer, shall be treated as if the place where the person is held were for the purposes of the provisions mentioned in paragraph 1(2)(b) above and those of sections 61 to 63 and 63D of the 1984 Act a customs office in England, not being a customs office designated under section 35 of the 1984 Act.

(3)

Where—

(a)

an arrest falling within paragraph 2(1)(a) or (3) F7(a) or (b) above has been made by a customs officer, and

(b)

the person arrested is held in France in a place within the tunnel system which would if it were in England be a customs office within the meaning of the 1984 Act,

sections 34(1) to (5), 36, 37, 39 to 42, 50, 54, F854A, 55, 56(1) to (9), 58 (1) to (11), 62, 63 and F963D of the 1984 Act and in the case of a child or young person section F1034(2) to (9) of the Children and Young Persons Act 1933, shall apply as if the place where he is held were a customs office in England designated under section 35 of the 1984 Act.

F11(4)

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Annotations

Textual amendments

F1

Words in Sch. 3 Pt. 1 para. 3(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(5)

F2

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

F3

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

F4

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

F5

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

F6

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

F7

Words in Sch. 3 para. 3(3)(a) 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(3)

F8

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

F9

Word in Sch. 3 para. 3(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(4)(c)(ii)

F10

Words in Sch. 3 para. 3(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(4)(c)(iii)

F11

Sch. 3 Pt. 1 para. 3(4) revoked (19.2.2001) by The Channel Tunnel (International Arrangements) (Amendment) Order 2001 (S.I. 2001/178), arts. 1, 3(b)

Commencement

I1

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

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)