Paragraph 6 Arrests of United Kingdom officersI1

United Kingdom

(1)

This paragraph applies where an officer belonging to the United Kingdom (“the officer”) is arrested for an act performed in France in the tunnel system or a control zone F1or supplementary control zone.

(2)

If—

(a)

the officer does not enter the United Kingdom while under arrest, and

(b)

the competent French authorities determine that the act was performed by the officer whilst in the exercise of his functions and he accordingly comes under United Kingdom jurisdiction by virtue of Article 30(2) of the international articles,

he shall on being handed over by those authorities to a constable be treated as having been arrested by the constable.

(3)

Where—

(a)

sub—paragraph (2)(b) applies, or

(b)

the officer enters the United Kingdom while under the original arrest,

he shall be taken to a police station designated under section 35 of the 1984 Act.

(4)

Sub—paragraphs (5) to (9) apply in a case falling within sub—paragraph (3)(b).

(5)

The custody officer at the police station to which the officer is taken shall—

(a)

immediately invite the competent French authorities to determine whether the act was performed by the officer whilst in the exercise of his functions, and

(b)

afford those authorities any assistance they may require in determining that question,

and may for the purpose of enabling that question to be determined detain the officer at the police station for not longer than the permitted period.

(6)

The permitted period is the period of 48 hours beginning at the time at which the officer arrives at the police station.

(7)

Subject to sub—paragraph (9), the officer shall be treated—

(a)

as not being detained at the police station for the purposes of section 37 of the 1984 Act, and

(b)

as not being in police detention for the purposes of sections 40 to 43 of the 1984 Act.

(8)

Where the competent French authorities determine that the act was not performed by the officer whilst in the exercise of his functions and the officer accordingly does not by virtue of Article 30(2) come under United Kingdom jurisdiction, the custody officer shall arrange for the officer to be transferred to France within the permitted period.

(9)

In any other case—

(a)

the custody officer shall immediately inform the officer of the determination,

(b)

the officer shall be treated as being in police detention for all purposes of Part IV of the 1984 Act, and

(c)

that Part shall have effect in relation to him as if the relevant time mentioned in section F241(2) were the time at which he is informed of the determination.

Annotations

Textual amendments

F1: Words in Sch. 3 Pt. 1 para. 6(1) inserted (25.5.2001) by The Channel Tunnel (International Arrangements) (Amendment No. 3) Order 2001 (S.I. 2001/1544), arts. 1(2), 5(6)
F2: Word in Sch. 3 para. 6(9)(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(7)

Commencement

I1: Sch. 3 Pt. I para. 6 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)