Criminal Justice and Public Order Act 1994

Part X U.K. Cross-Border Enforcement

136 Execution of warrants. U.K.

(1) A warrant issued in England, Wales or Northern Ireland for the arrest of a person charged with an offence may (without any endorsement) be executed in Scotland by any constable of any police force of the country of issue or of the country of execution [F1 or by a constable appointed under section 53 of the British Transport Commission Act 1949] as well as by any other persons within the directions in the warrant.

(2) A warrant issued in—

(a) Scotland; or

(b) Northern Ireland,

for the arrest of a person charged with an offence may (without any endorsement) be executed in England or Wales by any constable of any police force of the country of issue or of the country of execution [or by a constable appointed under section 53 of the British Transport Commission Act 1949] as well as by any other persons within the directions in the warrant.

(3) A warrant issued in—

(a) England or Wales; or

(b) Scotland,

for the arrest of a person charged with an offence may (without any endorsement) be executed in Northern Ireland by any constable of any police force of the country of issue or of the country of execution as well as by any other persons within the directions in the warrant.

(4) A person arrested in pursuance of a warrant shall be taken, as soon as reasonably practicable, to any place to which he is committed by, or may be conveyed under, the warrant.

(5) A constable executing a warrant—

(a) under subsection (1), (2)(b) or (3)(a) of this section may use reasonable force and shall have the powers of search conferred by section 139;

(b) under subsection (2)(a) or (3)(b) of this section shall have the same powers and duties, and the person arrested the same rights, as they would have had if execution had been in Scotland by a constable of a police force in Scotland.

(6) Any other person within the directions in a warrant executing that warrant under this section shall have the same powers and duties, and the person arrested the same rights, as they would have had if execution had been in the country of issue by the person within those directions.

(7) This section applies as respects—

(a) a warrant of commitment and a warrant to arrest a witness issued by a judicial authority in England, Wales or Northern Ireland as it applies to a warrant for arrest; and

(b) a warrant for committal, a warrant to imprison (or to apprehend and imprison) and a warrant to arrest a witness issued by a judicial authority in Scotland as it applies to a warrant for arrest.

[F2 (7A) This section applies as respects a warrant issued under paragraph 3(2) of Schedule 1 to [F3 the Powers of Criminal Courts (Sentencing) Act 2000 ] (warrant for arrest of offender referred back to court by youth offender panel) [F4 or under Schedule 2 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation orders: breach etc. ) ] as it applies to a warrant issued in England or Wales for the arrest of a person charged with an offence. ]

(8) In this section “judicial authority” means any justice of the peace or the judge of any court exercising jurisdiction in criminal proceedings; and any reference to a part of the United Kingdom in which a warrant may be executed includes a reference to the adjacent sea and other waters within the seaward limits of the territorial sea.

[F5 (9) Powers under this section and sections 137 to 139 may be exercised by an officer of Revenue and Customs in accordance with section 87 of the Finance Act 2007.]

Textual Amendments

F1 Words in s. 136(1)(2) inserted (14.12.2001) by 2001 c. 24, ss. 101, 127, Sch 7 para. 17

F2 S. 136(7A) inserted (26.6.2000) by 1999 c. 23, s. 67, Sch. 4, paras. 21, 23 (with Sch. 7 para. 5(2)); S.I. 2000/1587, art. 2(b)

F3 Words in s. 136(7A) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168, Sch. 9 para. 161

F4 Words in s. 136(7A) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 42 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v)

F5 S. 136(9) inserted (19.7.2007) by Finance Act 2007 (c. 11), s. 87(6)

Modifications etc. (not altering text)

C1 S. 136 applied (with modifications) (19.7.2007) by Finance Act 2007 (c. 11), s. 87(2)-(5)

137 Cross-border powers of arrest etc. U.K.

(1) If the [F6 condition applicable to this subsection is] satisfied, any constable of a police force in England and Wales who has reasonable grounds for suspecting that an offence has been committed or attempted in England or Wales and that the suspected person is in Scotland or in Northern Ireland may arrest without a warrant the suspected person wherever he is in Scotland or in Northern Ireland.

(2) If the condition applicable to this subsection is satisfied, any constable of a police force in Scotland who has reasonable grounds for suspecting that an offence has been committed or attempted in Scotland and that the suspected person is in England or Wales or in Northern Ireland may, as respects the suspected person, wherever he is in England or Wales or in Northern Ireland, exercise the same powers of arrest or detention as it would be competent for him to exercise were the person in Scotland.

F7 [( 2A ) The powers conferred by subsections (1) and (2) may be exercised in England and Wales and Scotland by a constable appointed under section 53 of the British Transport Commission Act 1949.]

(3) If the conditions applicable to this subsection are satisfied, any constable of a police force in Northern Ireland who has reasonable grounds for suspecting that an offence has been committed or attempted in Northern Ireland and that the suspected person is in England or Wales or in Scotland may arrest without a warrant the suspected person wherever he is in England or Wales or in Scotland.

[F8 (4) The condition applicable to subsection (1) above is that it appears to the constable that it would have been lawful for him to have exercised the powers had the suspected person been in England and Wales.]

(5) The condition applicable to subsection (2) above is that it appears to the constable that it would have been lawful for him to have exercised the powers had the suspected person been in Scotland.

(6) The conditions applicable to subsection (3) above are—

(a) that the suspected offence is an arrestable offence; or

(b) that, in the case of any other offence, it appears to the constable that service of a summons is impracticable or inappropriate for any of the reasons specified in subsection (3) of section 138.

(7) It shall be the duty of a constable who has arrested or, as the case may be detained, a person under this section—

(a) if he arrested him in Scotland, to take the person arrested either to the nearest convenient designated police station in England or in Northern Ireland or to a designated police station in a police area in England and Wales or in Northern Ireland in which the offence is being investigated;

(b) if he arrested him in England or Wales, to take the person arrested to the nearest convenient police station in Scotland or to a police station within a sheriffdom in which the offence is being investigated or to the nearest convenient designated police station in Northern Ireland or to a designated police station in Northern Ireland in which the offence is being investigated;

(c) if he detained him in England or Wales, to take the person detained to either such police station in Scotland as is mentioned in paragraph (b) above, or to the nearest convenient designated police station in England or Wales;

(d) if he arrested him in Northern Ireland, to take the person arrested either to the nearest convenient designated police station in England or Wales or to a designated police station in a police area in England and Wales in which the offence is being investigated or to the nearest convenient police station in Scotland or to a police station within a sheriffdom in which the offence is being investigated;

(e) if he detained him in Northern Ireland, to take the person detained to either such police station in Scotland as is mentioned in paragraph (b) above, or to the nearest convenient designated police station in Northern Ireland;

and to do so as soon as reasonably practicable.

(8) A constable—

(a) arresting a person under subsection (1) or (3) above, may use reasonable force and shall have the powers of search conferred by section 139;

(b) arresting a person under subsection (2) above shall have the same powers and duties, and the person arrested the same rights, as they would have had if the arrest had been in Scotland [F9 , but subject to the modifications in subsections (1A) and (1B) of section 138]; and

(c) detaining a person under subsection (2) above shall act in accordance with the provisions applied by subsection (2) (as modified by [F10 subsections (6) to (9)]) of section 138.

(9) In this section—

• [F11 “ arrestable offence ” has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (“ the 1989 Order ”);

• “ designated police station ” has the same meaning as in the Police and Criminal Evidence Act 1984 or, in relation to Northern Ireland, as in the 1989 Order; and ]

• “constable of a police force”, in relation to Northern Ireland, means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.

(10) This section shall not prejudice any power of arrest conferred apart from this section.

Textual Amendments

F6 Words in s. 137(1) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 para. 47(2)(a); S.I. 2005/3495, art. 2(1)(m) (subject to art. 2)

F7 S. 137(2A) inserted (14.12.2001) by 2001 c. 24, ss. 101, 127(2)(f), Sch. 7 para. 18

F8 S. 137(4) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 para. 47(2)(b); S.I. 2005/3495, art. 2(1)(m) (subject to art. 2)

F9 Words in s. 137(8)(b) inserted (15.7.2011) by The Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (Consequential Provisions) Order 2011 (S.I. 2011/1739), art. 1(2), Sch. 2 para. 1(a) (with art. 6(2))

F10 Words in s. 137(8)(c) substituted (15.7.2011) by The Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (Consequential Provisions) Order 2011 (S.I. 2011/1739), art. 1(2), Sch. 2 para. 1(b) (with art. 6(2))

F11 S. 137(9): definitions of "arrestable offence" and "designated police station" substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 para. 47(2)(c); S.I. 2005/3495, art. 2(1)(m) (subject to art. 2)

Modifications etc. (not altering text)

C2 S. 137 applied (with modifications) (19.7.2007) by Finance Act 2007 (c. 11), s. 87(2)-(5)

138 Powers of arrest etc.: supplementary provisions. U.K.

(1) The following provisions have effect to supplement section 137 (“the principal section”).

[F12 (1A) Where a person is arrested under subsection (2) of the principal section, section 15 of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) (right of persons arrested or detained to have intimation sent to another person) applies with the following modifications—

(a) in subsections (1)(a) and (2), omit the reference to “other premises”;

(b) the right under subsection (1)(a) arises when the person is arrested;

(c) the reference in subsection (1)(a) to the place where the person is being held is to be read as a reference to the police station to which the person is to be taken;

(d) subsection (2) is to be read as requiring that the person be informed of the right under subsection (1)(a) on being arrested; and

(e) the rights and duties under subsection (4) arise when the person is arrested.

(1B) Where a person is arrested under subsection (2) of the principal section but not charged in connection with an offence, subsections (2) to (9) of section 15A of the 1995 Act (right of suspects to have access to a solicitor) apply with the following modifications—

(a) omit the references to “other premises or place” in subsections (2) and (6);

(b) the right under subsection (2) arises when the person is arrested;

(c) the reference in subsection (2)(b) to the police station where the person is being detained is to be read as a reference to the police station to which the person is to be taken; and

(d) subsection (6) is to be read as requiring that the person be informed of the rights under section 15A(2) and (3) on being arrested.]

[F13 (2) Where a person is detained under subsection (2) of the principal section, the provisions of the 1995 Act listed in subsection (2A) below apply as they apply to detention under section 14(1) of that Act, but with the modifications mentioned in subsections (6) to (9) below.

(2A) Those provisions are—

(a) section 14(2) to (10) (detention and questioning at police station);

(b) sections 14A and 14B (extension of period of detention under section 14);

(c) section 15(1), (2) and (4) to (6) (right of persons arrested or detained to have intimation sent to another person);

(d) section 15A(2) to (9) (right of suspects to have access to a solicitor);

(e) section 18 (prints, samples etc. in criminal investigations).]

(3) The reasons referred to in [F14 subsection (6)(b)] of the principal section are that—

(a) the name of the suspected person is unknown to, and cannot readily be ascertained by, the constable;

(b) the constable has reasonable grounds for doubting whether a name furnished by the suspected person as his name is his real name;

(c) either—

(i) the suspected person has failed to furnish a satisfactory address for service; or

(ii) the constable has reasonable grounds for doubting whether an address furnished by the suspected person is a satisfactory address for service;

(d) the constable has reasonable grounds for believing that arrest is necessary to prevent the suspected person—

(i) causing physical injury to himself or any other person;

(ii) suffering physical injury;

(iii) causing loss of or damage to property;

(iv) committing an offence against public decency; or

(v) causing an unlawful obstruction of a highway or road; or

(e) the constable has reasonable grounds for believing that arrest is necessary to protect a child or other vulnerable person from the suspected person.

(4) For the purposes of subsection (3) above an address is a satisfactory address for service if it appears to the constable—

(a) that the suspected person will be at it for a sufficiently long period for it to be possible to serve him with process; or

(b) that some other person specified by the suspected person will accept service of process for the suspected person at it.

(5) Nothing in subsection (3)(d) above authorises the arrest of a person under sub-paragraph (iv) of that paragraph except where members of the public going about their normal business cannot reasonably be expected to avoid the person to be arrested.

[F15 (6) The modifications of the 1995 Act referred to in subsection (2) above are as follows.

(7) In section 14—

(a) the reference in subsection (2) to detention being terminated not more than 12 hours after it begins is to be read as a reference to its being terminated not more than 12 hours after the person’s arrival at the police station to which the person is taken under subsection (7)(c) or (e) of the principal section;

(b) in subsections (6) and (9), omit the references to “other premises”.

(8) In section 15—

(a) in subsection (1)(b), omit the references to “other premises or place”;

(b) in subsection (2), omit the reference to “other premises”;

(c) where the police station to which the person is to be taken is in Scotland—

(i) the right under subsection (1)(b) arises when the person is detained;

(ii) the reference in subsection (1)(b) to the police station where the person is being detained is to be read as a reference to the police station to which the person is to be taken;

(iii) subsection (2) is to be read as requiring that the person be informed of the right under subsection (1)(b) on being detained; and

(iv) the rights and duties under subsection (4) arise when the person is detained.

(9) In section 15A—

(a) omit the references to “other premises or place” in subsections (2) and (6);

(b) where the police station to which the person is to be taken is in Scotland—

(i) the right under subsection (2) arises when the person is detained;

(ii) the reference in subsection (2)(b) to the police station where the person is being detained is to be read as a reference to the police station to which the person is to be taken; and

(iii) subsection (6) is to be read as requiring that the person be informed of the rights under section 15A(2) and (3) on being detained.]

Textual Amendments

F12 S. 138(1A)(1B) inserted (15.7.2011) by The Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (Consequential Provisions) Order 2011 (S.I. 2011/1739), art. 1(2), Sch. 2 para. 2(2) (with art. 6(2))

F13 S. 138(2)(2A) substituted for s. 138(2) (15.7.2011) by The Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (Consequential Provisions) Order 2011 (S.I. 2011/1739), art. 1(2), Sch. 2 para. 2(3) (with art. 6(2))

F14 Words in s. 138(3) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 para. 47(3); S.I. 2005/3495, art. 2(1)(m) (subject to art. 2)

F15 S. 138(6)-(9) substituted for s. 138(6) (15.7.2011) by The Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (Consequential Provisions) Order 2011 (S.I. 2011/1739), art. 1(2), Sch. 2 para. 2(4) (with art. 6(2))

Modifications etc. (not altering text)

C3 S. 138 applied (with modifications) (19.7.2007) by Finance Act 2007 (c. 11), s. 87(2)-(5)

139 Search powers available on arrests under sections 136 and 137. U.K.

(1) The following powers are available to a constable in relation to a person arrested under section 136(1), (2)(b) or (3)(a) or 137(1) or (3).

(2) A constable to whom this section applies may search the person if the constable has reasonable grounds for believing that the person may present a danger to himself or others.

(3) Subject to subsections (4) to (6) below, a constable to whom this section applies may—

(a) search the person for anything—

(i) which he might use to assist him to escape from lawful custody; or

(ii) which might be evidence relating to an offence; and

(b) enter and search any premises in which the person was when, or was immediately before, he was arrested for evidence relating to the offence for which he was arrested.

(4) The power to search conferred by subsection (3) above is only a power to search to the extent that is reasonably required for the purpose of discovering any such thing or any such evidence.

(5) The powers conferred by this section to search a person are not to be construed as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket, headgear, gloves or footwear but they do authorise a search of a person’s mouth.

(6) A constable may not search a person in the exercise of the power conferred by subsection (3)(a) above unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything for which a search is permitted under that paragraph.

(7) A constable may not search premises in the exercise of the power conferred by subsection (3)(b) above unless he has reasonable grounds for believing that there is evidence for which a search is permitted under that paragraph.

(8) In so far as the power of search conferred by subsection (3)(b) above relates to premises consisting of two or more separate dwellings, it is limited to a power to search—

(a) any dwelling in which the arrest took place or in which the person arrested was immediately before his arrest; and

(b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.

(9) A constable searching a person in the exercise of the power conferred by subsection (2) above may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.

(10) A constable searching a person in the exercise of the power conferred by subsection (3)(a) above may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing—

(a) that he might use it to assist him to escape from lawful custody; or

(b) that it is evidence of an offence, or has been obtained in consequence of the commission of an offence.

(11) Nothing in this section shall be taken to affect the power conferred by [F16 section 43 of the Terrorism Act 2000]

(12) In this section—

• “item subject to legal privilege” has the meaning given to it—

  (a)

  as respects anything in the possession of a person searched in England and Wales, by section 10 of the M1 Police and Criminal Evidence Act 1984;

  (b)

  as respects anything in the possession of a person searched in Scotland, by [F17 section 412 of the Proceeds of Crime Act 2002];

  (c)

  as respects anything in the possession of a person searched in Northern Ireland, by Article 12 of the M2 Police and Criminal Evidence (Northern Ireland) Order 1989;

• “premises” includes any place and, in particular, includes—

(a) any vehicle, vessel, aircraft or hovercraft;

(b) any offshore installation; and

(c) any tent or movable structure; and

“offshore installation” has the meaning given to it by section 1 of the M3 Mineral Workings (Offshore Installations) Act 1971.

Textual Amendments

F16 Words in s. 139(11) substituted (19.2.2001) by 2000 c. 11, ss. 125, 128, Sch. 15 para. 9: S.I. 2001/421, art. 2(a)

F17 S. 139(12): words in para. (b) in definition of “items subject to legal privilege” substituted (prosp.) by 2002 c. 29, ss. 456, 458(1), Sch. 11 para. 24

Modifications etc. (not altering text)

C4 S. 139 applied (with modifications) (19.7.2007) by Finance Act 2007 (c. 11), s. 87(2)-(5)

C5 S. 139(10): power of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, 138(2), Sch. 1 Pt. 2 para. 81; S.I. 2003/708, art. 2(j)

Marginal Citations

M1 1984 c. 60.

M2 S.I. 1989/1341 (N.I. 12).

M3 1971 c. 61.

140 Reciprocal powers of arrest. U.K.

(1) Where a constable of a police force in England and Wales would, in relation to an offence, have power to arrest a person in England or Wales under [F18 section 24] of the M4 Police and Criminal Evidence Act 1984 (arrestable offences and non-arrestable offences in certain circumstances) a constable of a police force in Scotland or in Northern Ireland shall have the like power of arrest in England and Wales.

(2) Where a constable of a police force in Scotland or in Northern Ireland arrests a person in England or Wales by virtue of subsection (1) above—

(a) the constable shall be subject to requirements to inform the arrested person that he is under arrest and of the grounds for it corresponding to the requirements imposed by section 28 of that Act;

(b) the constable shall be subject to a requirement to take the arrested person to a police station corresponding to the requirement imposed by section 30 of that Act and so also as respects the other related requirements of that section; and

(c) the constable shall have powers to search the arrested person corresponding to the powers conferred by section 32 of that Act.

(3) Where a constable of a police force in Scotland would, in relation to an offence, have power to arrest a person in Scotland, a constable of a police force in England and Wales or in Northern Ireland shall have the like power of arrest in Scotland.

(4) Where a constable of a police force in England or Wales or in Northern Ireland arrests a person in Scotland by virtue of subsection (3) above, the arrested person shall have the same rights and the constable the same powers and duties as they would have were the constable a constable of a police force in Scotland.

(5) Where a constable of a police force in Northern Ireland would, in relation to an offence, have power to arrest a person in Northern Ireland under [F19 Article 26] of the M5 Police and Criminal Evidence (Northern Ireland) Order 1989 (arrestable offences and non-arrestable offences in certain circumstances) a constable of a police force in England and Wales or Scotland shall have the like power of arrest in Northern Ireland.

(6) Where a constable of a police force in England and Wales or in Scotland arrests a person in Northern Ireland by virtue of subsection (5) above—

(a) the constable shall be subject to requirements to inform the arrested person that he is under arrest and of the grounds for it corresponding to the requirements imposed by Article 30 of that Order;

(b) the constable shall be subject to a requirement to take the arrested person to a police station corresponding to the requirement imposed by Article 32 of that Order and so as respects the other related requirements of that Article; and

(c) the constable shall have powers to search the arrested person corresponding to the powers conferred by Article 34 of that Order.

[F20 (6A) The references in subsections (1) and (2) to a constable of a police force in Scotland, and the references in subsections (3) and (4) to a constable of a police force in England and Wales, include a constable appointed under section 53 of the British Transport Commission Act 1949 (c. xxix).]

(7) In this section “constable of a police force”, in relation to Northern Ireland, means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.

Textual Amendments

F18 Words in s. 140(1) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 para. 47(4); S.I. 2005/3495, art. 2(1)(m) (subject to art. 2)

F19 Words in s. 140(5) substituted (N.I.) (1.3.2007) by The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2)-(4), 15, Sch. 1 para. 28(3)

F20 S. 140(6A) inserted (14.12.2001) by 2001 c. 24, ss. 101, 127(2)(f), Sch. 7 para. 19

Marginal Citations

M4 1984 c. 60.

M5 S.I. 1989/1341 (N.I. 12).

F21 141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F21 S. 141 repealed (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 9 Pt. I