Policing and Crime Act 2017

The maritime enforcement powers E+W+S

100 Power to stop, board, divert and detain E+W+S

(1) This section applies if a law enforcement officer has reasonable grounds to suspect that—

(a) an offence under the law of Scotland is being, or has been, committed on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 96 or 98, or

(b) a ship in relation to which those powers are so exercisable is otherwise being used in connection with the commission of an offence under that law.

(2) The law enforcement officer may—

(a) stop the ship;

(b) board the ship;

(c) require the ship to be taken to a port in Scotland or elsewhere and detained there.

(3) Except as provided by subsection (5), the authority of the Secretary of State is required before a law enforcement officer may exercise the power conferred by subsection (2)(c) to require the ship to be taken to a port outside the United Kingdom.

(4) The Secretary of State may give authority for the purposes of subsection (3) only if the State, or the relevant territory, in which the port is located is willing to receive the ship.

(5) If the law enforcement officer is acting under authority given for the purposes of section 97(3) or 99(1), the law enforcement officer may require the ship to be taken to—

(a) a port in the home state or relevant territory in question, or

(b) if the home state or relevant territory requests, a port in any other State or relevant territory willing to receive the ship.

(6) The law enforcement officer may require the master of the ship, or any member of its crew, to take such action as is necessary for the purposes of subsection (2)(c).

(7) A law enforcement officer must give notice in writing to the master of any ship detained under this section.

(8) The notice must state that the ship is to be detained until the notice is withdrawn by the giving of a further notice in writing signed by a law enforcement officer.

Commencement Information

I1 S. 100 in force for specified purposes at Royal Assent, see s. 183

101 Power to search and obtain information E+W+S

(1) This section applies if a law enforcement officer has reasonable grounds to suspect that there is evidence relating to an offence under the law of Scotland (other than items subject to legal privilege) on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 96 or 98.

(2) The law enforcement officer may search—

(a) the ship;

(b) anyone found on the ship;

(c) anything found on the ship (including cargo).

(3) The law enforcement officer may require a person found on the ship to give information about himself or herself.

(4) The power to search conferred by subsection (2) is a power to search only to the extent that it is reasonably required for the purpose of discovering evidence of the kind mentioned in subsection (1).

(5) 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.

(6) In exercising a power conferred by subsection (2) or (3), a law enforcement officer may (amongst other things)—

(a) open any containers;

(b) require the production of documents, books or records relating to the ship or anything on it, other than anything that the law enforcement officer has reasonable grounds to believe to be an item subject to legal privilege;

(c) make photographs or copies of anything the production of which the law enforcement officer has power to require.

(7) The power in subsection (6)(b) to require the production of documents, books or records includes, in relation to documents, books or records kept in electronic form, power to require the provision of the documents, books or records in a form in which they are legible and can be taken away.

(8) The power of a law enforcement officer under subsection (2)(b) or (c) or (3) may be exercised on the ship or elsewhere.

Commencement Information

I2 S. 101 in force for specified purposes at Royal Assent, see s. 183

102 Power of arrest and seizure E+W+S

(1) This section applies if a law enforcement officer has reasonable grounds to suspect that an offence under the law of Scotland has been, or is being, committed on a ship in relation to which the powers conferred by this section are exercisable by virtue of section 96 or 98.

(2) The law enforcement officer may arrest without warrant anyone whom the officer has reasonable grounds for suspecting to be guilty of the offence.

(3) The law enforcement officer may seize and retain anything found on the ship which appears to the officer to be evidence of the offence, other than anything that the officer has reasonable grounds to believe to be an item subject to legal privilege.

(4) The power of a law enforcement officer under subsection (2) or (3) may be exercised on the ship or elsewhere.

Commencement Information

I3 S. 102 in force for specified purposes at Royal Assent, see s. 183