Part 4Police powers
CHAPTER 6Maritime enforcement: Scottish offences
Ships in England and Wales waters: hot pursuit
I1I398Hot pursuit of ships in England and Wales waters
1
A law enforcement officer may, for the purpose of preventing, detecting or investigating an offence under the law of Scotland, exercise any of the maritime enforcement powers in relation to a ship in England and Wales waters if—
a
the ship is pursued there,
b
immediately before the pursuit of the ship, the ship was in Scotland waters or international waters,
c
before the pursuit of the ship, a signal was given for it to stop,
d
the signal was given in such a way as to be audible or visible from the ship, and
e
the pursuit of the ship is not interrupted.
2
For the purposes of subsection (1)(e), 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.
3
This section is subject to section 99 (which requires the authority of the Secretary of State before the maritime enforcement powers are exercised in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to England and Wales).
I2I499Restriction on exercise of maritime enforcement powers in hot pursuit
1
The authority of the Secretary of State is required before a law enforcement officer exercises any of the maritime enforcement powers, in reliance on section 98 in relation to a foreign ship, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to England and Wales.
2
The Secretary of State may give authority under subsection (1) in relation to a foreign ship only if—
a
the home state has requested the assistance of the United Kingdom for the purpose of preventing, detecting or investigating an offence under the law of Scotland,
b
the home state has authorised the United Kingdom to act for that purpose, or
c
the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941) otherwise permits the exercise of the powers in relation to the ship.