xmlns:atom="http://www.w3.org/2005/Atom"

Part 4Police powers

CHAPTER 5Maritime enforcement: English and Welsh offences

Supplementary provision

91Maritime enforcement powers: supplementary: protective searches

(1)This section applies where a power conferred by section 88 is exercised in relation to a ship.

(2)A law enforcement officer may search any person found on the ship for anything which the officer has reasonable grounds to believe the person might use to—

(a)cause physical injury,

(b)cause damage to property, or

(c)endanger the safety of any ship.

(3)The power under subsection (2) may be exercised on board the ship or elsewhere.

(4)A law enforcement officer searching a person under subsection (2) may seize and retain anything found if the law enforcement officer has reasonable grounds to believe that the person might use it for a purpose mentioned in paragraphs (a) to (c) of that subsection.

(5)Anything seized under subsection (4) may be retained only for so long as there are reasonable grounds to believe that it might be used as mentioned in that subsection.

(6)The power to search a person conferred by subsection (2) does not authorise a law enforcement officer to require the person to remove any clothing in public, other than an outer coat, jacket or gloves.

92Maritime enforcement powers: other supplementary provision

(1)A law enforcement officer may—

(a)be accompanied by other persons, and

(b)take equipment or materials,

to assist the officer in the exercise of powers under this Chapter.

(2)A law enforcement officer may use reasonable force, if necessary, in the performance of functions under this Chapter.

(3)A person accompanying a law enforcement officer under subsection (1) may perform any of the officer’s functions under this Chapter, but only under the officer’s supervision.

(4)A law enforcement officer must produce evidence of the officer’s authority if asked to do so.

(5)A law enforcement officer is not liable in any criminal or civil proceedings for anything done in the purported performance of functions under this Chapter if the court is satisfied that—

(a)the act was done in good faith, and

(b)there were reasonable grounds for doing it.

(6)The powers conferred by this Chapter do not affect any other powers that a law enforcement officer may have.

93Maritime enforcement powers: offences

(1)A person commits an offence if the person—

(a)intentionally obstructs a law enforcement officer in the performance of functions under this Chapter, or

(b)fails without reasonable excuse to comply with a requirement imposed by a law enforcement officer in the performance of those functions.

(2)A person who provides information in response to a requirement imposed by a law enforcement officer in the performance of functions under this Chapter commits an offence if—

(a)the information is false in a material particular, and the person either knows it is or is reckless as to whether it is, or

(b)the person intentionally fails to disclose any material particular.

(3)A law enforcement officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of an offence under this section.

(4)A person guilty of an offence under this section is liable on summary conviction to a fine.

94Maritime enforcement powers: code of practice

(1)The Secretary of State must prepare and issue a code of practice in respect of the practice to be followed by law enforcement officers when arresting a person under the power conferred by section 90.

(2)The code must, in particular, provide guidance as to the information to be given to the person at the time of arrest (whether about procedural rights or other matters).

(3)A failure of a law enforcement officer to comply with any provision of the code does not of itself render the law enforcement officer liable to any criminal or civil proceedings.

(4)The code—

(a)is admissible in evidence in criminal and civil proceedings, and

(b)may be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

(5)The Secretary of State may at any time revise the whole or any part of the code.

(6)The code, or any revision of the code, does not come into operation until the Secretary of State so provides by regulations.

(7)Regulations under this section are to be made by statutory instrument.

(8)A statutory instrument containing regulations under this section that bring the code into operation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(9)A statutory instrument containing regulations under this section that bring a revision of the code into operation must be laid before Parliament (if the regulations are made without a draft having been laid and approved as mentioned in subsection (8)).

(10)Where a statutory instrument, or draft of a statutory instrument, is laid under this section, the code or revision of the code to which it relates must also be laid.

95Interpretation

(1)In this Chapter—

(2)For the purposes of paragraph (c) of the definition of “United Kingdom ship” in subsection (1), a person has a “United Kingdom connection” if the person is—

(a)a British citizen, a British overseas territories citizen or a British Overseas citizen,

(b)an individual who is habitually resident in the United Kingdom, or

(c)a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.

(3)References in this Chapter to the United Nations Convention on the Law of the Sea include references to any modifications of that Convention agreed after the passing of this Act that have entered into force in relation to the United Kingdom.