Foreign police in Scotland

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Dear Lothian & Borders Police Constabulary.

Under the Freedom Of Information (Scotland) Act 2002 of your sovereign lady,Queen Elizabeth II, I hereby make this lawful request.

A) Are those that are seen as police constables of English police constabularies by the British Government deemed lawful constables in Scotland ?

B) Is it lawful for a police constable in England to step over the border into Scotland and exercise policing powers upon a subject ?

C) Can the constabulary provide information that explains the appearance of the English police force (Northumbira constabulary) in the Scottish Borders ?

D) If a police officer of England was to pursue a suspect in an emergency and said suspect entered Scotland would the constable of England be able to continue pursuit and apprehension in Scotland ?

E) Should the people of Scotland recognise a English police officer as a lawful constable.

Thank you.

Mr.Greumach MacLean

Lothian and Borders Police

Dear Mr MacLean,

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 - Request for Information

Thank you for your email, which I have dealt with under the above act.

The 'Criminal Justice And Public Order Act 1994, Part 3 - Cross-Border Powers Between United Kingdom Countries' is the legislation that applies here.

Powers are provided to police officers in the UK (Scotland, England, Wales and Northern Ireland) to pursue offenders and suspects over borders within the UK and arrest just as though they were still in the country where the offence occurred. Cross-Border Reciprocal Powers by virtue of Section 140 acknowledge an important principle - an extension of jurisdiction with limited powers (arrest only) is granted to all police officers throughout the United Kingdom when operating in a Cross Border Country for offences in that country and in accordance with that country's law. This means that the law recognises their continuing status as police officers and consequently preserves the personal protection afforded by Police Regulations, their Police Authority and Chief Constable.

However, and as can be seen, these powers only relate to arrest/detentions in other countries and does not apply to 'normal/every day' policing activities (unless under formal Mutual Aid requests - see below at 4.).

Consequently the Act gives power:

1. to execute arrest warrants in each others country, without gaining permission of the local judiciary e.g. an English officer may arrest a person in Scotland who is wanted on an English Warrant;

2. to cross borders and arrest a person for a crime that occurred in their home country e.g. an English officer may arrest or detain a person in Scotland for an English crime using their 'home' powers;

3. to arrest persons in each others country in accordance with local law thereby giving a limited extension of jurisdiction e.g. an English officer in Scotland may use Scottish powers to arrest a person committing an arrestable offence there;

4. to enable Chief Constables to call on cross-border Forces for assistance (mutual aid formal agreements) and equip those officers directed to assist with all the powers and protection afforded to local officers. This means that during the period of secondment, officers seconded are empowered to enforce the law of the Host Country (an example of this would be the current assistance being provided by Scottish Public Order officers to English Forces where public disorder is occurring in Manchester, Birmingham, London etc.).

If you have any questions about the above or I can help in any other way, please do not hesitate to get in touch with me again. However, under the Freedom of Information (Scotland) Act 2002, you have the right to appeal if you are dissatisfied with the way in which we have dealt with your enquiry. This should be done within 40 working days of receiving this email. If you wish to appeal please contact Rachel Watson, Head of Force Information Unit, Lothian and Borders Police, Police Headquarters, Fettes Avenue, Edinburgh, EH4 1RB. Please note that subsequent to this internal review there is a right of appeal to the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.

Kind regards
Andrew Stafford
Force Information Unit

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Dear Lothian and Borders Police.

Can you confirm if these practices are fully compatible with HM Act of Union 1707 ?

Thank you,

MacLean

Lothian and Borders Police

Dear Mr MacLean,

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 - Request for Information

Thank you for your email, which I have dealt with under the above act.

The practices outlined in the previous reply are entirely compatable with the Act of Union 1707 (or more specifically the 'ACT RATIFYING AND APPROVING TREATY OF THE TWO KINGDOMS OF SCOTLAND AND ENGLAND. January 16, 1707').

I have included below appropriate extracts from the Act that highlight the consolidation on laws, practices and freedom of movement. The point of the act was to introduce common practices between both countries, which is fully compatible with the idea of 'cross border powers'.

'III - That the United Kingdom of Great Britain be represented by one and the same Parliament, to be styled the Parliament of Great Britain'.

'IV - That all the subjects of the United Kingdom of Great Britain shall, from and after the Union, have full freedom and intercourse of trade and navigation, to and from any port or place within the said United Kingdom, and the dominions and plantations thereunto belonging, and that there be a communication of all other rights, privileges, and advantages which do or may belong to the subjects of either kingdom, except where it is otherwise expressly agreed in these articles'.

'VI - That all parts of the United Kingdom forever,from and after the Union, shall have the same allowances, encouragements, and drawbacks, and be under the same prohibitions, restrictions......'

'XIX - That the Court of Session, or College of Justice, do, after the Union, and notwithstanding thereof, remain in all time coming within Scotland, as it is now constituted by the laws of that kingdom, and with the same authority and privileges as before the Union, subject, nevertheless, to such regulations, for the better administration of justice, as shall be made by the Parliament of Great Britain......'

'XXV - That all laws and statutes in either kingdom, so far as they are contrary to or inconsistent with the terms of these articles, or any one of them, shall, from and after the Union cease and become void, and shall be so declared to be by the respective Parliaments of the said kingdoms.

Kind regards
Andrew Stafford
Force Information Unit

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Dear Lothian and Borders Police,

In what way dose this current interpretation and practice by te force uphold the 1707 stipulation that Scottish law will be independent ?

Thank you.

MacLean

Lothian and Borders Police

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Lothian and Borders Police

Dear Mr MacLean,

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 - Request for Information

Thank you for your email, which I have dealt with under the above act.

In answer to this further question, Scots Law still remains independent from those other countries in the United Kingdom. The legislation (Criminal Justice And Public Order Act 1994, Part 3) and examples previously quoted relate to the application of cross border powers in particular circumstances, as provided by yourself, and does not alter the fact that Scots Law remains separate.

If you have any questions about the above or I can help in any other way, please do not hesitate to get in touch with me again. However, under the Freedom of Information (Scotland) Act 2002, you have the right to appeal if you are dissatisfied with the way in which we have dealt with your enquiry. This should be done within 40 working days of receiving this email. If you wish to appeal please contact Rachel Watson, Head of Force Information Unit, Lothian and Borders Police, Police Headquarters, Fettes Avenue, Edinburgh, EH4 1RB. Please note that subsequent to this internal review there is a right of appeal to the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.

Kind regards
Andrew Stafford
Force Information Unit

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