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

[F1 Arrests of Dutch officers U.K.

4.— (1) This paragraph applies where an officer belonging to the Kingdom of the Netherlands (“the officer”) is arrested for an act performed in the United Kingdom in a control zone.

(2) If the officer enters the Netherlands while under arrest—

(a) the officer shall without delay be handed over for custody to the competent Dutch authorities and shall be treated as continuing to be under arrest until the officer has been handed over, and

(b) if after consultation with those authorities it is then determined that the act was not performed by the officer whilst in the exercise of the officer’s functions and the officer accordingly does not by virtue of Article 14(2) to the Protocol to the Agreement come under Dutch jurisdiction, the officer shall be treated as having continued to be under arrest until sub-paragraph (3) has been complied with.

(3) Where—

(a) sub-paragraph (2)(b) applies, or

(b) the officer does not enter the Netherlands while under arrest,

the officer 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 after consultation with the competent Dutch authorities determine whether the act was performed by the officer whilst in the exercise of the officer’s functions.

(6) Subject to sub-paragraph (8), 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.

(7) Where the custody officer determines that the act was performed by the officer whilst in the exercise of the officer’s functions and the officer accordingly comes under Dutch jurisdiction by virtue of Article 14(2) to the Protocol to the Agreement, the custody officer shall immediately inform the competent Dutch authorities and shall arrange for the officer to be transferred to the Netherlands immediately.

(8) In any other case—

(a) the custody officer shall immediately inform the officer of his determination,

(b) the officer shall be treated as being in police detention for all purposes of Part 4 of the 1984 Act, and

(c) that Part shall have effect in relation to the officer as if the relevant time mentioned in section 41(2) were the time at which the officer is informed of the determination.]

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.