While creating a piece of fiction I describe how a Scottish police officer detains a suspect in connection with the death of a person on a boat which was tied up in a Scottish harbour.
Unfortunately, by the time the police officer catches up with his man, he is in England.
My question is, what powers of arrest and detention does the police officer have?
Does he require assistance from the local police force in England?
Powers of a Scottish police officer while outside Scotland
Started by
sue bricky
, Oct 27 2010 11:03 AM
15 replies to this topic
#2
Posted 27 October 2010 - 11:10 AM
If a constable suspects that a person has committed or attempted to commit an offence in his country, and that person is now in another country, he may arrest (and in the case of a constable from Scotland, detain) them in that other country.
A constable from England & Wales holds the same powers of arrest (as under section 24 of the Police and Criminal Evidence Act 1984) as he would be in England & Wales.
A constable from Scotland may arrest/detain if it would have been lawful to do so in Scotland and a constable from Northern Ireland is subject to the same necessity for arrest (as under Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989) as he would be in Northern Ireland.
You would obviously have to identify yourself as a Police Officer and call for assistance from the local Police Force.
A constable from England & Wales holds the same powers of arrest (as under section 24 of the Police and Criminal Evidence Act 1984) as he would be in England & Wales.
A constable from Scotland may arrest/detain if it would have been lawful to do so in Scotland and a constable from Northern Ireland is subject to the same necessity for arrest (as under Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989) as he would be in Northern Ireland.
You would obviously have to identify yourself as a Police Officer and call for assistance from the local Police Force.
Edited by SpudSL, 27 October 2010 - 11:12 AM.
#3
Posted 27 October 2010 - 11:11 AM
As far as I'm aware he has no powers of arrest as a constable and would need assistance from the English police force. However he would have arrest rights as any citizen has - but I imagine that would not be as thrilling in a your piece of fiction.
Equally officers from England & Wales have no powers of arrest when in Scotland.
Equally officers from England & Wales have no powers of arrest when in Scotland.
#4
Posted 27 October 2010 - 11:22 AM
My previous post related to the offence commited in the home country of the officer in question and was in response to the OP.
However should an offence be committed in another country. The constable from Scotland would have the same powers of arrest as officers in England under section 24 of the Police and Criminals Evidence Act 1984.
However should an offence be committed in another country. The constable from Scotland would have the same powers of arrest as officers in England under section 24 of the Police and Criminals Evidence Act 1984.
#5
Posted 27 October 2010 - 11:32 AM
This Wikipedia article gives a full description of 'cross-border powers' that constables have:
Cross-border Powers
In this case I would say the Scottish officer has sufficient powers to arrest and detain the suspect in England, and is required to take him to the nearest Scottish police station, if practicable, otherwise an English police station.
Hope that helps.
Cross-border Powers
In this case I would say the Scottish officer has sufficient powers to arrest and detain the suspect in England, and is required to take him to the nearest Scottish police station, if practicable, otherwise an English police station.
Hope that helps.
#6
Posted 27 October 2010 - 11:35 AM
I'm going to move this to It's the Law: Scotland, as although the legislation details all of the UK, the OP is talking about from a Scottish officer's perspective.
#7
Posted 27 October 2010 - 02:03 PM
My question is, what powers of arrest and detention does the police officer have?
If the arrest would have been lawful in Scotland then he can arrest the suspect in E&W.
S137 CJPO Act 1994
#8
Iain R
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Posted 27 October 2010 - 02:12 PM
Bearing in mind if he's only detaining a suspect, he shouldn't really be on his own...
#9
Posted 27 October 2010 - 03:11 PM
Scottish officers would be required to trace the individual, detain him S.14 CP(S)A95 and take him to the nearest custody suite. We bring all our forms with us and give them to the custody Sgt so they don't get processed as a PACE custody.
#10
Iain R
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Posted 27 October 2010 - 09:34 PM
We bring all our forms with us and give them to the custody Sgt .
Take it to be you're refering to out of country arrests only, here?
Edited by Iain R, 27 October 2010 - 09:34 PM.
#11
Posted 28 October 2010 - 12:48 PM
Of course - arrests or detentions. I'd be concerned if I needed to bring forms outlining Scottish custody procedures to another Scottish custody suite...Take it to be you're refering to out of country arrests only, here?
#12
Iain R
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Posted 28 October 2010 - 01:27 PM
Of course - arrests or detentions. I'd be concerned if I needed to bring forms outlining Scottish custody procedures to another Scottish custody suite...
Good good, that's what I was thinking...
#13
Posted 28 October 2010 - 01:28 PM
You were just worried there were no computers outside Strathclyde, admit itGood good, that's what I was thinking...
#14
Posted 28 October 2010 - 08:13 PM
You were just worried there were no computers outside Strathclyde, admit it
Judging by our Prispro and other systems I'll admit I am worried that there are no computers outside Strathclyde ...... no computers that are old enough to run it!!!
#15
Iain R
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Posted 29 October 2010 - 12:22 AM
You were just worried there were no computers outside Strathclyde, admit it
Stir, it would be nice if there were sufficient computers in Strathclyde!
#16
Posted 29 October 2010 - 12:49 PM
Fair one! +1Stir, it would be nice if there were sufficient computers in Strathclyde!
Edited by stir_student, 29 October 2010 - 12:50 PM.
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