The Channel Tunnel (International Arrangements) Order 1993

Arrested persons held in France

3.—(1) Where—

(a) an arrest of any kind authorised by paragraph 2 above has been made in a 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) Subject to sub-paragraphs (3) and (4), the 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 63 of the 1984 Act a police station, or where the arrest was made by a customs officer, a customs office, in England, not being a police station or customs office designated under section 35 of the 1984 Act.

(3) Where—

(a) an arrest falling within paragraph 2(1)(a) or (3) 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, 55, 56(1) to (9), 58 (1) to (11), 62, 63 and 64(1) to (6) of the 1984 Act and in the case of a child or young person section 34(2) to (7), (8) and (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.

(4) Where the power of arrest mentioned in paragraph 2(2)(b) has been exercised any detention in France of the person arrested shall be treated for all purposes as being detention under paragraph 6(1) of Schedule 5 to the Prevention of Terrorism (Temporary Provisions) Act 1989, and section 16(2) of that Act, sections 51(b), 56 and 58 of the 1984 Act and section 34 of the Children and Young Persons Act 1933 as applying accordingly.