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skydiver

Police Scotland Can't Arrest for English Offences?

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One of my colleagues needs to deal with someone who lives in Scotland and is wanted for an offence in England but Police Scotland can't arrest him for us!  My colleague therefore has two options, either to get a warrant or to go there and arrest him himself.  Strangely enough we can arrest offenders here on behalf of Police Scotland though.  The thought struck me that its probably easier to arrange to get someone arrested in France using a EAW than it is to get someone arrested in Scotland!

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Not Policing north of the border I cannot say, although from what you say it appears so.

I know that I have arrested people in England for offences in Scotland. It opened my eyes to the Scottish legal and Court system when I had to give evidence at their Crown Court in Glasgow.

 

Someone from Scotland must know the answer.

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The same things are illegal in both countries, just covered by different legislation. So for example in England if you smack someone then you have a variety of bits of legislation depending on the severity, intention etc. In Scotland you have the common law offence of assault or if it's really bad serious assault. I'm perhaps simplifying it a little & my personal knowledge of Scots law is well over a decade out of date so forgive any inaccuracies.

 Without knowing the exact nature of your colleagues enquiry I suspect that it comes down to the difference between arresting on suspicion in England & Wales (sorry NI I don't know which law system you use) & detaining on suspicion in Scotland. The detention period is a measley 6 hours & it only changes from detention to arrest once you have sufficient to charge. You can go on to investigate further offences once they have been arrested but if you have insufficient to charge at the end of the 6 hours detention cannot arrest & must release them. Doesn't sound great but then they don't have PACE so waiting around for solicitors & disclosure aren't issues.

 Anyway there are a number of possibilities as to why they couldn't arrest on your behalf. They can't arrest on suspicion, only detain. If for example they were asked to arrest for a Section 18 wounding that offence doesn't exist in Scotland. If your colleague intended to travel to interview it may be the 6 hours would be up & they couldn't hold them any longer so it would be pointless.

 As I say all just speculation without knowing circs & being a bit out of date with my Scots law.

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Cheers YOd4 your explanation makes sense.  I won't go into the details of the incident for obvious reasons except to say that it involved a lot of criminal damage and offensive weapons.  It seems crazy to me that a suspect can disappear off to Scotland after committing an offence in England and for it to be so difficult to deal with them.  In my example one of the suspects was detained in Scotland for another offence but all Police Scotland could do for us was to ask if he would stay for a voluntary interview.  He declined so that was that.  

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