PART 3

Maritime enforcement

Hot pursuit of ships in United Kingdom waters
38
1
An English and Welsh constable or an enforcement officer may exercise Part 1 powers in relation to a ship in Scotland waters or in Northern Ireland waters if—
a
the ship is pursued there,
b
immediately before the pursuit of the ship, the ship was in relevant waters, and
c
the condition in subsection (10) is met.
2
Part 1 powers may be exercised under subsection (1) only—
a
for the purpose mentioned in subsection (2)(a) of section 35, and
b
(if relevant) in accordance with subsections (5) to (7) of that section.
3
For the purposes of subsection (1)(b), “relevant waters” are—
a
in the case of a United Kingdom ship or a ship without nationality, England and Wales waters or international waters;
b
in the case of a foreign ship or a ship registered under the law of a relevant territory, England and Wales waters.
4
A Scottish constable or an enforcement officer may exercise Part 2 powers in relation to a ship in England and Wales waters or in Northern Ireland waters if—
a
the ship is pursued there,
b
immediately before the pursuit of the ship, the ship was in relevant waters, and
c
the condition in subsection (10) is met.
5
Part 2 powers may be exercised under subsection (4) only—
a
for the purpose mentioned in subsection (2)(a) of section 36, and
b
(if relevant) in accordance with subsections (5) to (7) of that section.
6
For the purposes of subsection (4)(b), “relevant waters” are—
a
in the case of a United Kingdom ship or a ship without nationality, Scotland waters or international waters;
b
in the case of a foreign ship or a ship registered under the law of a relevant territory, Scotland waters.
7
A Northern Ireland constable or an enforcement officer may exercise Part 3 powers in relation to a ship in England and Wales waters or in Scotland waters if—
a
the ship is pursued there,
b
immediately before the pursuit of the ship, the ship was in relevant waters, and
c
the condition in subsection (10) is met.
8
Part 3 powers may be exercised under subsection (7) only—
a
for the purpose mentioned in subsection (2)(a) of section 37, and
b
(if relevant) in accordance with subsections (6) to (8) of that section.
9
For the purposes of subsection (7)(b), “relevant waters” are—
a
in the case of a United Kingdom ship or a ship without nationality, Northern Ireland waters or international waters;
b
in the case of a foreign ship or a ship registered under the law of a relevant territory, Northern Ireland waters.
10
The condition referred to in subsection (1)(c), (4)(c) and (7)(c) is that—
a
before the pursuit of the ship, a signal is given for it to stop, and
b
the pursuit of the ship is not interrupted.
11
The signal referred to in subsection (10)(a) must be given in such a way as to be audible or visible from the ship.
12
For the purposes of subsection (10)(b), pursuit is not interrupted by reason only of the fact that—
a
the method of carrying out the pursuit, or
b
the identity of the ship or aircraft carrying out the pursuit,
changes during the course of the pursuit.
13
Nothing in this Part affects any right of hot pursuit that a constable or an enforcement officer may have under international law.