The Channel Tunnel (International Arrangements) Order 1993

Power to assist French authorities

1.—(1) Where—

(a) an officer belonging to the French Republic has in a control zone in the United Kingdom arrested or detained a person as permitted by Article 10(1) of the international articles, and

(b) such an officer so requests,

a constable or an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979(1) (in this Schedule referred to as a “customs officer”) 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(2) (in this Schedule referred to as “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(3), apply, and

(c) must be returned, before the end of the period for which he could in the circumstances be detained in the United Kingdom under Article 10 of the international articles, to a place where detention under that Article could be resumed.

(1)

1979 c. 2.

(2)

1984 c. 60, applied to Customs and Excise with modifications by S.I. 1985/1800, 1987/439.

(3)

1933 c. 12; section 34(2) to (7) and (8) to (11) were substituted by the Police and Criminal Evidence Act 1984, section 57; section 34(7) and (8) were amended, and section 34(7A) inserted, by the Children Act 1989 (c. 41), section 108(5) and (7), Schedule 13 paragraph 6, and Schedule 15.