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

[F1 Arrests of United Kingdom officers U.K.

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

(2) If—

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

(b) the competent Dutch authorities determine that the act was performed by the officer whilst in the exercise of the officer’s functions and the officer accordingly comes under United Kingdom jurisdiction by virtue of Article 14(2) to the Protocol to the Agreement,

the officer shall on being handed over immediately 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,

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

(4) Sub-paragraphs (5) to (8) 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 Dutch authorities to determine whether the act was performed by the officer whilst in the exercise of the officer’s functions, and

(b) afford those authorities any assistance they may require in determining that question.

(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 competent Dutch authorities determine 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 United Kingdom jurisdiction, the custody officer 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 the 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 he 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.