Crime and intelligence - Cross border powers of arrest procedure (S14007)

1. Summary of changes

1.1 This standard operating procedure (SOP) has been reviewed in February 2023- no amendments to content have been made.

2. What this procedure/SOP is about

2.1 This SOP provides direction to operational staff as to the relevant powers of arrest, search and seizure between England, Wales and Scotland. It also provides guidance on requesting the assistance of Scottish Police colleagues to interview a suspect on behalf of Kent Police.

Compliance with this procedure/SOP and any governing policy is mandatory.

3. Detail the procedure/SOP

3.1. Powers of arrest, search and seizure

3.1.1. Sections 136-140 of the Criminal Justice and Public Order Act 1994 outline the relevant powers in relation to constables in England, Wales and Scotland when in each other's jurisdiction.

3.1.2. Further guidance can be obtained from the Police National Legal Database.

3.2. Kent suspects in Scotland – arrest and interview

3.2.1. The Police and Criminal Evidence Act 1984 (PACE) applies to police officers in England and Wales.

3.2.2. In Scotland, police powers of investigation are not contained in a single regime equivalent to PACE but come from a mixture of common law and the Criminal Procedure (Scotland) Act 1995.

3.2.3. Where an offence has been committed in England or Wales and it is believed the suspect is living in Scotland, the investigating officer will need to decide on the appropriate strategy, on a case by case basis, to locate and deal with the suspect.

3.2.4. It would be expected that for offences of a serious nature committed in Kent, officers would travel to Scotland to arrest the suspect and bring them back (in accordance with Section 137 of the Criminal Justice and Public Order Act 1994).

3.2.5. The officer seeking to arrest the suspect should inform the commanding officer in the area where the person is resident.

3.2.6. Sufficient vehicles and other equipment needed to carry out the arrest should be taken.

3.2.7. Scottish officers do not have any powers to arrest a suspect who is believed to have committed an offence in England or Wales without a warrant.

3.2.8. If there is insufficient evidence to obtain a warrant and the case is not sufficiently serious to justify travelling to Scotland, a request can be made for Scottish officers to invite the suspect in voluntarily to be interviewed under caution.

3.2.9. Scottish officers interviewing suspects on behalf of Kent Police should comply with Scottish law but use the English/Welsh caution.

3.2.10. Kent Police should assist Scottish officers by providing a schedule of points to be covered in the interview. This may include a list of appropriate questions.

3.2.11. If a Kent Police officer attends Scotland to interview a suspect following arrest by a Scottish officer for Scottish offences, or a person has voluntarily agreed to be interviewed, they should comply, insofar as practical, with PACE.

3.3. Scottish suspects in Kent – arrest and interview

3.3.1. English and Welsh officers do not have any powers to arrest a suspect without a warrant for an offence committed in Scotland.

3.3.2. Scottish officers can request that the suspect be invited to attend a voluntary interview under caution.

3.3.3. When interviewing a suspect on behalf of Scottish Police, Kent officers should comply with PACE save that a Scottish caution must be used:

“You are not obliged to say anything but anything you do say will be noted and may be used in evidence.”

3.3.4. Failure to use the Scottish caution may render the interview inadmissible.

4. Equality Impact Assessment (EIA)

4.1 An EIA has been carried out and shows the proposals in this procedure would have little or no potential or actual differential impact on grounds of race, ethnicity, nationality, gender, transgender, disability, age, religion or belief or sexual orientation.

5. Risk assessment

5.1 This SOP has been assessed as low risk.

6. Consultation

6.1 The following were asked to consult on this document:

• Learning and Development
• Local Divisional Policing
• Warrants Sergeant, Tactical Operations
• Human Resources
• IT Security
• Finance
• Estates
• Health and Safety
• Legal 

7. Monitoring and review

7.1 This procedure/SOP is scheduled for full review every two years. The next review is scheduled for February 2023. It will be reviewed by the author and owner, who has strategic oversight of evidential capture issues, to ensure it still remains accurate and fit for purpose.

8. Security

8.1 Kent Police has measures in place to protect the security of your data in accordance with our Information Management policy (Policy W1000 - Information management)

9. Retention and disposal of records

9.1 Kent Police will hold data in accordance with our Records review, retention and disposal policy (policy W1012 - Records review, retention and disposal).