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The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020
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[F1Powers of arrest and detention outside United KingdomU.K.
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2.—(1) A constable may in a control zone in the Netherlands—
(a)exercise any power of arrest conferred by a frontier control enactment or conferred by section 24 of the 1984 Act in respect of a relevant offence under such an enactment,
(b)make any arrest authorised by a warrant issued by a court in the United Kingdom in respect of a relevant offence, and
(c)arrest any person whose name or description or both, together with particulars of a relevant offence of which there are reasonable grounds for suspecting that person 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 in relation to the powers of arrest conferred by section 28A(1) and (3) of, and paragraph 17(1) of Schedule 2 to, the Immigration Act 1971, as including a reference to an immigration officer appointed for the purposes of that Act under paragraph 1 of that Schedule.
(3) 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 the Netherlands 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 1984 Act 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.
(4) For the purpose of enabling constables to make arrests for a relevant offence in the Netherlands, section 24 of the 1984 Act shall extend to the Netherlands.
(5) Where an arrest has been made for a relevant offence, the person arrested shall be treated as continuing to be under arrest while in the Netherlands until the person is presented to the Dutch authorities as required by Article 5(2)(b) of the international articles.
(6) 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.]
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