Part 3: Maritime Enforcement
Section 35 and Part 1 of Schedule 2: Enforcement powers in relation to ships: England and Wales
120.Section 35 provides additional powers for law enforcement in England and Wales (the police, port police, British Transport Police, designated NCA officers, customs officials, or a member of Her Majesty’s Armed Forces) to tackle suspected human trafficking or slavery at sea. The details of the additional powers are set out in Part 1 of Schedule 2. This is an issue because victims are in many cases trafficked illegally on vessels, and also may be the subject of slavery, servitude and forced or compulsory labour on board vessels. Extending law enforcement powers in relation to suspected modern slavery offences will enable the police and other relevant bodies to better protect suspected victims and bring offenders to justice.
121.Subsection (1) sets out the scenarios in which a constable or law enforcement officer may use additional powers in relation to vessels where an offence of human trafficking or slavery is suspected. These restrictions are in line with UK court jurisdiction, so wherever a suspect is apprehended prosecution can take place. The only exception to this is in the case of a UK vessel or stateless vessel in the territorial waters of another state or relevant territory, where UK court jurisdiction only applies where the offender is a British citizen. However, as the nationality of a suspected offender may not be apparent prior to investigation, the power is provided for all UK vessels in this scenario.
122.Subsection (2) provides that these powers are only exercisable for the purpose of preventing, detecting, investigating or prosecuting a human trafficking or slavery offence, and in accordance with the conditions of this section.
123.Subsection (3) provides that an enforcement officer must gain the authority of the Secretary of State prior to exercising the powers set out in Part 1 of Schedule 2 in relation to a UK vessel in foreign waters.
124.Subsection (4) sets out that the approval of the Secretary of State for the scenario in Subsection (3) can only be provided if the state or relevant territory in whose waters the powers would be exercised consents to the use of these powers.
125.Subsection (5) confirms that the authority of the Secretary of State is also required for law enforcement to use these powers in relation to a foreign vessel, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom.
126.Subsection (6) sets out that, in relation to foreign ships, the approval of the Secretary of State for the scenario in Subsection (5) can only be provided if one of the listed conditions has been met. This ensures the measure is aligned with the UN Convention on the Law of the Sea (UNCLOS). The conditions are: that the home state has requested the assistance of the UK for the purposes set out in subsection (2)(a); the home state has authorised the UK to act in that way; or UNCLOS otherwise permits the exercise of these powers.
127.Subsection (7) adds that, in giving this authority, the Secretary of State must also give effect to any conditions or limitations the home state in question has made a condition of their authority.
128.The detail of the powers set out in section 35 is set out in Part 1 of Schedule 2. Paragraph 1 introduces Part 1 of Schedule 2, which sets out the powers exercisable by the police, port police, British Transport Police, designated NCA officer, customs officials, or a relevant member of the Armed Forces (‘enforcement officer’) in relation to suspected slavery and human trafficking offences at sea (section 35) and section 38 (Hot pursuit of ships in United Kingdom waters).
129.Paragraph 2 provides a power to stop and board a ship, and to direct the vessel to be taken to a port in England and Wales, or elsewhere, and detained there, where there are reasonable grounds to suspect that a slavery or human trafficking offence is being, or has been committed or the vessel is being used in connection with a slavery or trafficking offence. It notes that if the enforcement officer is acting on the authority of the Secretary of State, as set out in section 35(5), the officer can require the vessel to be taken to a port in another country willing to take the vessel. In operating this power an enforcement officer has the power to require any member of a vessel’s crew to take action necessary to support their enforcement activity in relation to the powers set out in sub-paragraph 2(1). Written notice must be provided to the master of any vessel detained under this paragraph, which must state the ship is to be detained until withdrawn via a further written notice, signed by a constable or an enforcement officer.
130.Paragraph 3 provides a power to search a vessel and any person or object on that vessel, where a constable or an enforcement officer has reasonable grounds to suspect that there is evidence on the ship relating to a slavery or trafficking offence, or a connected offence. It gives a constable or an enforcement officer the power to require a person on the vessel under investigation to give information about themself or about anything on the vessel. It confirms that searching may include (although is not limited to) opening containers, requiring the production of documents, books or records (in either hard copy or electronic form) and making photographs or copies of anything the constable or officer has power to require. This power can only be used where a search is reasonably required to discover evidence of a slavery, trafficking or connected offence and does not authorise the removal of any clothing in public other than an outer coat, jacket or gloves.
131.Paragraph 4 provides a power of arrest where a constable or an enforcement officer has reasonable grounds to suspect a slavery or human trafficking offence has been committed on the vessel under investigation. A constable or an enforcement officer can arrest without warrant anyone they have reasonable grounds to suspect may be guilty of a slavery or human trafficking offence. A constable or an officer may also seize and detain anything that appears to be evidence of that offence. The exception to this is any materials that the constable or officer has reasonable grounds to suspect are subject to legal privilege.
132.Paragraph 5 provides for a Code of Practice for constables or law enforcement officers exercising the power of arrest set out in paragraph 4. The Code will provide guidance on the information to be given to a person at the time of arrest. Where a constable or an enforcement officer fails to comply with any provision of the Code it does not of itself render the constable or officer liable to any criminal or civil proceeding. The code may be admissible in evidence in criminal and civil proceedings and may be taken into account by a court or tribunal where it appears to them to be relevant. The Secretary of State may at any time revise the whole, or a part of the Code. Any revision to the Code does not come into operation until the Secretary of State has provided for it in regulations, which will be made by statutory instrument.
133.Paragraph 6 provides that a constable or an enforcement officer may take another person or relevant equipment or materials on board a vessel to support them in exercising the powers set out in this Part of the Schedule. The assistant may perform functions on behalf of the constable or officer under their supervision.
134.Paragraph 7 confirms that a constable or an enforcement officer may use reasonable force, where necessary, in order to perform the functions set out in this Part of the Schedule.
135.Paragraph 8 provides that, when required, a constable or an enforcement officer must provide evidence of their authority.
136.Paragraph 9 confirms that a constable or an enforcement officer is not liable in any civil or criminal proceedings for anything done in performance of the functions in this Schedule, provided that a court is satisfied that the constable or officer acted in good faith and there were reasonable grounds for their actions.
137.Paragraph 10 creates two offences where a person does not comply with the investigation. The first makes it an offence where a person intentionally obstructs a constable or an enforcement officer in exercising the powers in this Schedule, or fails to comply with a requirement of a constable or an enforcement officer, without reasonable excuse. The second makes it an offence where a person knowingly or recklessly provides false information, or intentionally fails to disclose anything material, in response to a constable or an enforcement officer requiring information when exercising the powers within this Schedule. Both of these offences are summary only and on conviction the defendant is liable to a fine.
Section 36 and Part 2 of Schedule 2: Enforcement powers in relation to ships: Scotland
138.Section 36 sets out powers for law enforcement in Scotland (the police, designated NCA officers, customs officials, or a member of Her Majesty’s Armed Forces) to tackle suspected human trafficking or slavery at sea. The details of the additional powers are set out in Part 2 of Schedule 2.
139.Subsection (1) sets out the scenarios in which a Scottish constable or an enforcement officer may use additional powers in relation to vessels where an offence of human trafficking or slavery is suspected, in waters adjacent to Scotland, or in international or foreign waters. These restrictions are in line with UK court jurisdiction, so wherever a suspect is apprehended prosecution can take place. The only exception to this is in the case of a UK vessel in the territorial waters of another state, where UK court jurisdiction only applies where the offender is a British citizen. However, as the nationality of a suspected offender may not be apparent prior to investigation, the power is provided for all UK vessels in this scenario.
140.Subsection (2) provides that these powers are only exercisable for the purpose of preventing, detecting, or investigating a listed offence, set out in subsection (8), and in accordance with the conditions of this section.
141.Subsection (3) provides that a Scottish constable or an enforcement officer must gain the authority of the Secretary of State prior to exercising the powers set out in Part 2 of Schedule 2 in relation to a UK vessel in foreign waters.
142.Subsection (4) sets out that the approval of the Secretary of State for the scenario in Subsection (3) can only be provided if the state or relevant territory in whose waters the powers would be exercised consents to the use of these powers.
143.Subsection (5) confirms that the authority of the Secretary of State is also required for a Scottish constable or enforcement officer to use these powers in relation to a foreign vessel, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom.
144.Subsection (6) sets out that the approval of the Secretary of State for the scenario in Subsection (5) can only be provided in relation to a foreign ship if one of the listed conditions has been met. This ensures the measure is aligned with the UN Convention on the Law of the Sea (UNCLOS). The conditions are: that the home state has requested the assistance of the UK for the purposes set out in Subsection (2)(a); the home state has authorised the UK to act in that way; or UNCLOS otherwise permits the exercise of these powers.
145.Subsection (7) adds that, in giving this authority in relation to a foreign ship, the Secretary of State must also give effect to any conditions or limitations the home state in question has made a condition of their authority.
146.Subsection (8) sets out the relevant Scottish offences for this section.
147.The detail of the powers set out in section 36 is set out in Part 2 of Schedule 2. Paragraph 11 introduces Part 2, which sets out the powers exercisable by Scottish constables, designated NCA officers, and enforcement officers (customs officials or a relevant member of the Armed Forces) under section 36 (Enforcement powers in relation to ships: Scotland) and section 38 (Hot pursuit of ships in United Kingdom waters). Sub-paragraph (2) sets out the definitions of “items subject to legal privilege”, “listed offence”, and “the ship”.
148.Paragraph 12 provides a power to stop and board a ship, and to direct the vessel to be taken to a port in Scotland, or elsewhere, and detained there, where there are reasonable grounds to suspect that a slavery or human trafficking offence is being, or has been committed or the vessel is being used in connection with a slavery or trafficking offence. It notes that if the Scottish constable or enforcement officer is acting on the authority of the Secretary of State, as set out in section 36(5), the officer can require the vessel to be taken to a port in another country willing to take the vessel. In operating this power a Scottish constable or an enforcement officer has the power to require any member of a vessel’s crew to take action necessary to support their enforcement activity in relation to the powers set out in sub-paragraph 12(1). Written notice must be provided to the master of any vessel detained under this paragraph, which must state the ship is to be detained until withdrawn via a further written notice, signed by a Scottish constable or an enforcement officer.
149.Paragraph 13 provides a power to search a vessel and any person or object on that vessel, where a Scottish constable or enforcement officer has reasonable grounds to suspect that there is evidence on the ship relating to a slavery or trafficking offence, or a connected offence. It gives a Scottish constable or enforcement officer the power to require a person on the vessel under investigation to give information about themself. It confirms that searching may include (although is not limited to) opening containers, requiring the production of documents, books or records (in either hard copy or electronic form) and making photographs or copies of anything the a Scottish constable or officer has power to require. This power can only be used where a search is reasonably required to discover evidence of a slavery, trafficking or connected offence and does not authorise the removal of any clothing in public other than an outer coat, jacket or gloves.
150.Paragraph 14 provides a power of arrest where a Scottish constable or enforcement officer has reasonable grounds to suspect a slavery or human trafficking offence has been committed on the vessel under investigation. A Scottish constable or an enforcement officer can arrest without warrant anyone they have reasonable grounds to suspect may be guilty of a slavery or human trafficking offence. A Scottish constable or an officer may also seize and detain anything that appears to be evidence of that offence. The exception to this is any materials that the constable or officer has reasonable grounds to suspect are subject to legal privilege.
151.Paragraph 15 provides that a Scottish constable or enforcement officer may take another person or relevant equipment or materials on board a vessel to support them in exercising the powers set out in this Schedule. The assistant may perform functions on behalf of the constable or officer under their supervision.
152.Paragraph 16 confirms that a Scottish constable or enforcement officer may use reasonable force, where necessary, in order to perform the functions set out in this Part of this Schedule.
153.Paragraph 17 provides that, when required, a Scottish constable or enforcement officer must provide evidence of their authority.
154.Paragraph 18 creates two offences where a person does not comply with the investigation. The first makes it an offence where a person intentionally obstructs a Scottish constable or an enforcement officer in performing the functions in this Part of this Schedule, or fails to comply with a requirement of a Scottish constable or an enforcement officer, without reasonable excuse. The second makes it an offence where a person knowingly or recklessly provides false information, or intentionally fails to disclose anything material, in response to a Scottish constable or an enforcement officer requiring information when exercising the powers within this Schedule.
155.Sub-paragraph (3) of paragraph 18 sets out that a person convicted of this offence will be subject, on summary conviction, to a fine not exceeding the statutory maximum, or on conviction on indictment, to a fine.
Section 37 and Part 3 of Schedule 2: Enforcement powers in relation to ships: Northern Ireland
156.Section 37 sets out powers for law enforcement in Northern Ireland (the police, customs officials, a member of Her Majesty’s Armed Forces) to tackle suspected human trafficking or slavery at sea. The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 made under Schedule 24 to the Crime and Courts Act 2013, (once the relevant provisions come into force - expected in May 2015), will enable the powers to also be exercised by certain NCA officers who will fall within the definition of a constable because they will be designated with the powers and privileges of a constable. The details of the additional powers are set out in Part 3 of Schedule 2.
157.Subsection (1) sets out the scenarios in which a Northern Ireland constable or an enforcement officer may use additional powers in relation to vessels where an offence of human trafficking or slavery is suspected, in waters adjacent to Northern Ireland, or in international or foreign waters. These restrictions are in line with UK court jurisdiction, so wherever a suspect is apprehended prosecution can take place. The only exception to this is in the case of a UK vessel in the territorial waters of another state, where UK court jurisdiction only applies where the offender is a British citizen. However, as the nationality of a suspected offender may not be apparent prior to investigation, the power is provided for all UK vessels in this scenario.
158.Subsection (2) provides that these powers are only exercisable for the purpose of preventing, detecting, investigating or prosecuting a listed offence, set out in subsection (9), and in accordance with the conditions of this section.
159.Subsection (3) provides that the authority of the Chief Constable of the Police Service of Northern Ireland is required before an enforcement officer (a customs officials or a member of Her Majesty’s Armed Forces) may exercise any Part 3 powers.
160.Subsection (4) provides that a Northern Ireland constable or an enforcement officer must gain the authority of the Secretary of State prior to exercising the powers set out in Part 3 of Schedule 2 in relation to a UK vessel in foreign waters.
161.Subsection (5) sets out that the approval of the Secretary of State for the scenario in Subsection (4) can only be provided if the state or relevant territory in question consents to the use of these powers.
162.Subsection (6) confirms that the authority of the Secretary of State is also required for a Northern Ireland constable or enforcement officer to use these powers in relation to a foreign vessel, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom.
163.Subsection (7) sets out that the approval of the Secretary of State for the scenario in Subsection (6) can only be provided in relation to a foreign ship if one of the listed conditions has been met. This ensures the measure is aligned with the UN Convention on the Law of the Sea (UNCLOS). The conditions are: that the home state has requested the assistance of the UK for the purposes set out in sub-section (2)(a); the home state has authorised the UK to act in that way; or UNCLOS otherwise permits the exercise of these powers.
164.Subsection (8) adds that, in giving this authority in relation to a foreign ship, the Secretary of State must also give effect to any conditions or limitations the home state in question has made a condition of their authority.
165.Subsection (9) sets out the relevant Northern Ireland offences for this section
166.The detail of the powers set out in section 37 is set out in Part 3 of Schedule 2. Paragraph 19, sub-paragraph (1) introduces Part 3, which sets out the powers exercisable by Northern Ireland constables and enforcement officers under section 37 (Enforcement powers in relation to ships: Northern Ireland) and section 38 (Hot pursuit of ships in United Kingdom waters). Sub-paragraph 19(2) sets out the definitions of “items subject to legal privilege”, “listed offence”, and “the ship”.
167.Paragraph 20 provides a power to stop and board a ship, and to direct the vessel to be taken to a port in Northern Ireland, or elsewhere, and detained there, where there are reasonable grounds to suspect that a slavery or human trafficking offence is being, or has been committed or the vessel is being used in connection with a slavery or trafficking offence. It notes that if the Northern Ireland constable or enforcement officer is acting on the authority of the Secretary of State, as set out in section 37(6), the Northern Ireland constable or officer can require the vessel to be taken to a port in another country willing to take the vessel. In operating this power a Northern Ireland constable or an enforcement officer has the power to require any member of a vessel’s crew to take action necessary to support their enforcement activity. Written notice must be provided to the master of any vessel detained under this paragraph, which must state the ship is to be detained until withdrawn via a further written notice, signed by a Northern Ireland constable or an enforcement officer.
168.Paragraph 21 provides a power to search a vessel and any person or object on that vessel, where a Northern Ireland constable or enforcement officer has reasonable grounds to suspect that there is evidence on the ship relating to a slavery or trafficking offence, or a connected offence. It gives a Northern Ireland constable or enforcement officer the power to require a person on the vessel under investigation to give information about themself or about anything on the vessel. It confirms that searching may include (although is not limited to) opening containers, requiring the production of documents, books or records (in either hard copy or electronic form) and making photographs or copies of anything the constable or officer has power to require. This power can only be used where a search is reasonably required to discover evidence of a slavery, trafficking or connected offence and does not authorise the removal of any clothing in public other than an outer coat, jacket or gloves.
169.Paragraph 22 provides a power of arrest where a Northern Ireland constable or enforcement officer has reasonable grounds to suspect a slavery or human trafficking offence has been committed on the vessel under investigation. A Northern Ireland constable or an enforcement officer can arrest without warrant anyone they have reasonable grounds to suspect may be guilty of a slavery or human trafficking offence. A Northern Ireland constable or an officer may also seize and detain anything that appears to be evidence of that offence. The exception to this is any materials that the constable or officer has reasonable grounds to suspect are subject to legal privilege.
170.Paragraph 23 requires that the Department of Justice in Northern Ireland prepares and issues a code in respect of the practice to be followed by Northern Ireland constables and enforcement officers when arresting a person under the power conferred by sub-paragraph (1), in particular providing guidance as to the information to be given to the person at the time of arrest (sub-paragraph (2)). Subparagraph (3) confirms that failure to comply with the code does not render a Northern Ireland constable or officer liable to criminal proceedings. Sub-paragraph (4) sets out that the code is admissible in criminal and civil proceedings and may be taken into account by a court or tribunal where relevant. Sub-paragraph (5) provides that the Department of Justice in Northern Ireland may make revisions to the code at any time and sub-paragraph (6) states that the code will only come into effect when the Department lays a draft of the code before the Northern Ireland Assembly and provides by order for the code or a revised code to come into operation. Sub-paragraph (7) provides that an order bringing the code into operation may contain relevant transitional provisions or savings. Sub-paragraph (8) provides that an order under this section is subject to negative resolution and sub-paragraph (9) provides this is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
171.Paragraph 24 provides that a Northern Ireland constable or enforcement officer may take another person or relevant equipment or materials on board a vessel to support them in exercising the powers set out in this Schedule. The assistant may perform functions on behalf of the officer under their supervision.
172.Paragraph 25 confirms that a Northern Ireland constable or enforcement officer may use reasonable force, where necessary, in order to perform the functions set out in this Schedule.
173.Paragraph 26 provides that, when required, a Northern Ireland constable or enforcement officer must provide evidence of their authority.
174.Paragraph 27 confirms that a Northern Ireland constable or enforcement officer is not liable in any civil or criminal proceedings for anything done in performance of the functions in this Schedule, provided that a court is satisfied that the Northern Ireland constable or officer acted in good faith and there were reasonable grounds for their actions.
175.Paragraph 28 creates two offences where a person does not comply with the investigation. The first makes it an offence where a person intentionally obstructs a Northern Ireland constable or an enforcement officer in exercising the powers in this Schedule, or fails to comply with a requirement of a Northern Ireland constable or an enforcement officer, without reasonable excuse. The second makes it an offence where a person knowingly or recklessly provides false information, or intentionally fails to disclose anything material, in response to a Northern Ireland constable or an enforcement officer requiring information when exercising the powers within this Schedule.
176.Sub-paragraph 28(3) sets out that a person guilty of an offence under this paragraph is liable on summary conviction, to a fine not exceeding the statutory maximum; and on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.
Section 38: Hot pursuit of ships in United Kingdom waters
177.Section 38 sets out powers of hot pursuit, where law enforcement seek to pursue a suspected vessel between waters adjacent to different jurisdictions within the UK or between UK and international waters.
178.Subsection (1) provides that an English and Welsh constable or an enforcement officer may exercise the powers set out in Part 1 of Schedule 2 in relation to a ship in Scotland waters or in Northern Ireland waters if the ship is pursued there from relevant waters, and the condition in subsection (10) is met (that before the pursuit of the ship, a signal is given for it to stop, and the pursuit of the ship is not interrupted).
179.Subsection (2) sets out that powers in subsection (1) can only be exercised in relation to a ship for the purposes provided in subsection (2)(a) of section 35 (Enforcement powers in relation to ships: England and Wales), and, if the ship is a foreign ship or registered under the law of a relevant territory, in accordance with subsections (5) to (7) of that section.
180.Subsection (3) sets out that for the purpose of subsection (1) relevant waters means England and Wales waters or international waters (in the case of a United Kingdom ship or a ship without nationality) or England and Wales waters (in the case of a foreign ship or a ship registered under the law of a relevant territory).
181.Subsection (4) provides that a Scottish constable or an enforcement officer may exercise the powers set out in Part 2 of Schedule 2 in relation to a ship in England and Wales waters or in Northern Ireland waters if the ship is pursued there from relevant waters, and the condition in subsection (10) is met (that before the pursuit of the ship, a signal is given for it to stop, and the pursuit of the ship is not interrupted).
182.Subsection (5) sets out that powers in subsection (4) can only be exercised in relation to a ship for the purposes provided in subsection (2)(a) of section 36 (Enforcement powers in relation to ships: Scotland), and, if the ship is a foreign ship or registered under the law of a relevant territory, in accordance with subsections (5) to (7) of that section.
183.Subsection (6) sets out that for the purpose of subsection (4)(b) relevant waters means Scotland waters or international waters (in the case of a United Kingdom ship or a ship without nationality) or Scotland waters (in the case of a foreign ship or a ship registered under the law of a relevant territory).
184.Subsection (7) provides that a Northern Ireland constable or an enforcement officer may exercise the powers set out in Part 3 of Schedule 2 in relation to a ship in England and Wales waters or in Scottish waters if the ship is pursued there from relevant waters, and the condition in subsection (10) is met (that before the pursuit of the ship, a signal is given for it to stop, and the pursuit of the ship is not interrupted).
185.Subsection (8) sets out that powers in subsection (7) can only be exercised in relation to a ship for the purposes provided in subsection (2)(a) of section 37 (Enforcement powers in relation to ships: Northern Ireland), and, if the ship is a foreign ship or registered under the law of a relevant territory, in accordance with subsections (6) to (8) of that section.
186.Subsection (9) sets out that for the purpose of subsection (7)(b) relevant waters means Northern Ireland waters or international waters (in the case of a United Kingdom ship or a ship without nationality) or Northern Ireland waters (in the case of a foreign ship or a ship registered under the law of a relevant territory).
187.Subsection (10) provides that for pursuit to meet the conditions of this section, before the pursuit of the ship, a signal must be given for it to stop, and the pursuit of the ship must not be interrupted.
188.Subsection (11) provides that the signal referred to in subsection (10)(a) must be given in such a way as to be audible or visible from the ship in question
189.Subsection (12) provides that, for the purposes of subsection (10)(b), pursuit is not considered interrupted simply because the method of carrying out the pursuit, or the identity of the ship or aircraft carrying out the pursuit, changes during the course of the pursuit.
190.Subsection (13) confirms that nothing in this Part affects any right of hot pursuit that a constable or an enforcement officer may have under international law.
Section 39: Interpretation of Part 3
191.Section 39 sets out the definitions used throughout Part 3 and Schedule 2. Subsection (1) sets out the relevant definitions. An enforcement officer in this context means a designated customs official or a member of Her Majesty’s Armed Forces. A constable is defined for each of the jurisdictions. In England and Wales, a constable means a police constable, an NCA officer designated with the powers and privileges of a constable in England and Wales under Schedule 5 of the Crime and Courts Act 2013 (a “designated National Crime Agency Officer”), a member of the port police, or a member of the British Transport Police. In Scotland a constable means a member of Police Scotland or an NCA officer designated with the powers and privileges of a constable in Scotland under Schedule 5 of the Crime and Courts Act 2013 (a “designated National Crime Agency Officer”). In Northern Ireland a constable means a member of the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve. After the relevant provisions of the Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 come into force, an NC A officer designated with the powers and privileges of a constable in Northern Ireland will also fall within the definition. It also sets out the definitions for relevant territories and different UK territorial waters. Subsection (2) sets out the definition of a “United Kingdom connection”, in the context of subsection (1), which includes a British citizen, a British overseas territory citizen, a British overseas citizen, a person habitually resident in the UK or a body corporate established under the law of a part of the United Kingdom, whose principal place of business is in the United Kingdom.
