Part 4: Police Powers Chapter 8: Cross-border enforcement Section 116: Extension of cross-border powers of arrest: urgent cases
Section 116 inserts new sections 137A to 137D into Part 10 of the 1994 Act. New section 137A provides for cross-border powers of arrest for the purpose of enabling the person to be re-arrested either under section 136 (where an arrest warrant is obtained) or under section 137 of the 1994 Act (where no arrest warrant is issued)
	Any constable exercising this power must have reasonable grounds for suspecting that the person has committed a specified offence in another jurisdiction. In addition, constables of a police force in England and Wales or Northern Ireland must have reasonable grounds to believe that it is necessary to arrest the person to allow prompt and effective investigation or prevent any prosecution from being hindered by the person’s disappearance. This is similar to the tests applying to arrests without warrant by constables of those forces under PACE and the Police and Criminal Evidence (Northern Ireland) Order 1989 ("PACE(NI)"). Similarly, constables of a police force in Scotland must be satisfied that it would not be in the interests of justice to delay the arrest to enable arrest under section 136 or 137 of the 1994 Act. This is similar to the test applying to arrests without warrant by constables of that force under the Criminal Justice (Scotland) Act 2016.
	As with sections 136 and 137 of the 1994 Act, the ancillary powers that the officer has when arresting the person under new section 137A depend on the jurisdiction in which the offence was committed.
	Where the offence was committed in England and Wales or in Northern Ireland, an officer’s powers of entry and search before and after arrest are those set out in new section 137E (inserted by section 117) and section 139 of the 1994 Act. The exception to this is where the arrest takes place in Scotland, when the power of entry and search before arrest is limited to that which a Scottish constable would have if the offence had been committed in Scotland.
	Where the offence was committed in Scotland, the officer has the same powers that a Scottish constable would have when arresting the person for the offence in Scotland.
	The new power of arrest also applies to BTP officers, Revenue and Customs officers and immigration officers.
	Schedule 15 inserts new Schedule 7A to the 1994 Act, which includes the specified offences for which the additional cross-border powers of arrest without warrant in new section 137A can be used.
	New section 137B of the 1994 Act provides the Secretary of State with a power to make regulations (subject to the affirmative procedure) to add or remove an offence from the list of offences specified in new Schedule 7A. These offences are limited insofar as they must be offences which may be tried on indictment, and the Secretary of State must consider that it is necessary in the interests of justice that the new power of arrest should apply to it.
	New section 137B(8) provides that the Secretary of State must obtain the consent of the Scottish Ministers and the Department of Justice in Northern Ireland before modifying the list of offences in regulations.
	New section 137C of the 1994 Act specifies limits on the period for which persons arrested under the new powers may be detained for the purpose of the re-arrest of the person under sections 136 or 137. The provision includes safeguards in the form of staged authorisations. Individuals may be detained for an initial three hour period. Further detention for no more than 21 further hours may be authorised by an officer of at least the rank of inspector in both the arresting and the investigating force. A third period of no more than 12 further hours may also be authorised by an officer of a rank above that of inspector in both the arresting force and the investigating force. Authorisation may only be given for detention for the second and third periods if the authorising officer in each force is satisfied that it is in the interests of justice to do so. The authorising officer in the investigating force must also be satisfied that there are reasonable grounds to suspect that the person has committed the specified offence and that expeditious action is being taken to enable the arrest of the person under section 136 or 137.
	New section 137D of the 1994 Act concerns the rights and entitlements of persons arrested under new section 137A, such as the information to be given about the purpose of detention under new section 137C and the periods for which they may be detained, that is, three hours, a further 21 hours and a further 12 hours, subject to authorisations. Other rights, such as the right to certain information on arrest, the right to have someone informed, the right to legal advice, and special provisions for dealing with young persons, are applied by reference to the relevant statutes in England and Wales, Northern Ireland and Scotland. Schedule 16 inserts new Schedule 7B into the 1994 Act, which sets out appropriate modifications of those enactments. New section 137D provides the Secretary of State with a power to make regulations, subject to the affirmative procedure and the consent of the Scottish Ministers and the Northern Ireland Department of Justice, to add, remove, alter and disapply statutory rights.