PART 3Maritime enforcement

38Hot pursuit of ships in United Kingdom waters

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.