The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Detention of arrested persons by a constable U.K.

5.—(1) Where—

(a) an officer belonging to the French Republic has in a Control Zone in the United Kingdom arrested or detained a person in accordance with article 4 (1), and

(b) such an officer so requests,

a constable may make arrangements for the person to be taken into temporary custody.

(2) A person taken into temporary custody under 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, 55, 56 and 58 of the 1984 Act(1) 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(2) apply, and

(c) must be returned to an officer belonging to the French Republic before the end of the period referred to in article 4(2), to a place where detention can be resumed under that article.

(3) Where a person falls to be treated as mentioned in paragraph (2)(b), section 56 of the 1984 Act shall be taken to apply as if he were detained for [F1 an indictable offence].

Textual Amendments

F1 Words in art. 5(3) substituted (1.1.2006) by The Serious Organised Crime and Police Act 2005 (Powers of Arrest) (Consequential Amendments) Order 2005 (S.I. 2005/3389), arts. 1(1), 20

Commencement Information

I1 Art. 5 comes into force in accordance with art. 1

(1)

Section 54 of the 1984 Act was amended by section 147 of the Criminal Justice Act 1988 (c. 33) and there are amendments to sections 55, 56 and 58 of the 1984 Act which are not relevant to this Order.

(2)

23 Geo 5 c. 12. Section 34(2) to (7) and (8) and (9) of the 1933 Act were substituted by section 57 of the 1984 Act.