The Antarctic Regulations 1995

Arrest and conveyance in custody

18.—(1) A court in any part of the United Kingdom having jurisdiction in respect of the offence may, on the application of a person entitled under section 28 of the Act to institute proceedings in that court in respect of the offence, issue a warrant for the arrest of the suspect and his conveyance in custody to any place where he can be tried for the offence in that part of the United Kingdom.

(2) Once arrested the person the subject of the warrant (hereinafter referred to as “the accused”) shall be deemed to be in legal custody at any time when, being in the British Antarctic Territory (or any other part of Antarctica), or other British territory, or on board a British ship or British aircraft, he is being taken under the warrant to or from any place or being kept in custody under the warrant.

(3) A person authorised by the warrant to take the accused to or from any place or to keep him in custody (hereafter referred to as “the authorised person”) shall have all the powers, authority, protection and privileges

(a) when he is outside the United Kingdom, of a constable in the part of the United Kingdom to which the accused is to be taken under the warrant; or

(b) of a constable in the part of the United Kingdom in which the authorised person is for the time being.

(4) If the accused escapes he may be arrested without warrant by a constable and taken to any place to which he may be taken under the warrant.

(5) In paragraph (2)—

“British aircraft” means a British-controlled aircraft within the meaning of section 92 of the Civil Aviation Act 1982(1) (application of criminal law to aircraft) or one of Her Majesty’s aircraft;

“British hovercraft” means a British-controlled hovercraft within the meaning of that section as applied in relation to hovercraft by virtue of provisions made under the Hovercraft Act 1968(2) or one of Her Majesty’s hovercraft; and

“British ship” means a British ship for the purpose of the Merchant Shipping Acts 1894 to 1988 or one of Her Majesty’s ships;

and in this paragraph references to Her Majesty’s aircraft, hovercraft or ships are references to aircraft, hovercraft or, as the case may be, ships belonging to or exclusively employed in the service of Her Majesty in right of the Government of the United Kingdom.

(6) In paragraph (4) “constable” means

(a) in relation to any part of the United Kingdom, any person who is a constable in that or any other part of the United Kingdom or any person who at the place in question has under any enactment, including paragraph (3), the powers of a constable in that or any other part of the United Kingdom; or

(b) in relation to a British territory outside the United Kingdom, any person who is a police officer in that territory or any person who in that territory has the powers of a police officer.

(1)

1982 c. 16.

(2)

1968 c. 59.