The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020

[F1 Power to assist Dutch authorities U.K.

1.— (1) Where—

(a) an officer belonging to the Kingdom of the Netherlands has in a control zone in the United Kingdom arrested or detained a person for a relevant offence as permitted by Article 5(1) of the international articles, and

(b) such an officer so requests,

a constable 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 1984 (in this Schedule referred to as “the 1984 Act”), and in the case of a child or young person section 34(2) to (9) of the Children and Young Persons Act 1933, apply, and

(c) must be returned, before the end of the period for which the person could in the circumstances be detained in the United Kingdom under Article 5(1) of the international articles, to a place where detention under that Article could be resumed.

(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 the person were detained for an indictable offence.

(4) For the purpose of this Schedule, a “relevant offence” is one of the criminal offences listed in Annex A to the Agreement for which officers of either Contracting Party may arrest.]

Textual Amendments

F1 Sch. 2 inserted (1.12.2021) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) (Amendment) Order 2021 (S.I. 2021/1190), art. 1(2)(b), Sch.