Textual Amendments
F1Sch. 3 inserted (17.12.2010) by The Iran (United Nations Sanctions) (Amendment) Order 2010 (S.I. 2010/2978), arts. 1(1), 17
9.—(1) This paragraph applies where—U.K.
(a)an authorised officer boards a ship under paragraph 1,
(b)there are one or more persons on board the ship when it is boarded,
(c)an authorised officer requires the ship to be taken to a place for the purposes of exercising any of the powers of search under paragraph 2(1), and
(d)for the purposes of taking the ship to that place or for the purposes of exercising any of those powers of search, an authorised officer requires one or more of the persons on board to remain on the ship.
(2) The persons may be required to remain on board the ship after the end of the period of 48 hours beginning with the time when the ship is boarded (“the 48 hour period”) only if—
(a)the requirement is authorised by a judicial authority under sub-paragraph (4), or
(b)the requirement is authorised by virtue of sub-paragraphs (6) and (7).
(3) An application for authorisation by a judicial authority may be made by any authorised officer.
(4) The judicial authority must authorise an authorised officer to require the persons to remain on board for a further period not exceeding 72 hours if satisfied—
(a)that it is reasonable for an authorised officer to require the ship to be taken to the place in question for the purposes of exercising any of the powers of search under paragraph 2(1), and
(b)that all reasonable steps are being taken to ensure that the ship arrives at the place, and that the search is completed, as soon as is practicable.
(5) If the judicial authority does not authorise an authorised officer to require the persons to remain on board for a further period, any authorised officers on board the ship, and any persons taken with them under paragraph 5, must leave the ship as soon as it is practicable for them to do so without endangering themselves or any other person on board the ship.
(6) Sub-paragraph (7) applies if all reasonable steps are taken by an authorised officer to obtain authorisation by a judicial authority but either—
(a)it is not possible to make an application for authorisation before the end of the 48 hour period, or
(b)although such an application is made within the 48 hour period, it is not determined during that period.
(7) The persons may be required to remain on board the ship after the end of the 48 hour period but only for so long as is necessary to enable an application for authorisation to be made (if it has not already been made) and determined.
(8) In subparagraph (1) the reference to an authorised officer includes a reference to a person taken with an authorised officer under paragraph 5.
(9) In this paragraph and paragraph 10, “judicial authority” means either of the following—
(a)a judge of the Administrative Court in the Queen’s Bench Division of the High Court;
(b)a sheriff in Scotland.
10.—(1) This paragraph applies where a judicial authority gives authorisation under paragraph 9(4) (whether the authorisation is the first given in relation to the persons or, by virtue of sub-paragraph (2) below, the second or subsequent).U.K.
(2) Sub-paragraphs (2) to (8) of paragraph 9 apply in relation to the persons as if the references in sub-paragraphs (2), (6)(a) and (b) and (7) to the 48 hour period were references to the further period authorised by the judicial authority.
11.—(1) An application made, or an authorisation given, under paragraph 9 may be made or given orally or in writing.U.K.
(2) An application under that paragraph may be made and determined without notice to any of the persons required to remain on the ship.
(3) Nothing in paragraph 9(5) prevents authorised officers (or persons taken with them under paragraph 5) who are required to leave the ship from taking with them anything that has been lawfully seized in the exercise of the powers conferred by Part 1 of this Schedule.
12.—(1) This paragraph applies where an authorised officer arrests a person under paragraph 3(a).U.K.
(2) The arrested person may be detained after the end of the period of 48 hours beginning with the time of the arrest (“the 48 hour period”) only if—
(a)the detention is authorised by a judicial authority under sub-paragraph (4), or
(b)the detention is authorised by virtue of sub-paragraphs (6) and (7).
(3) An application for authorisation may be made by any authorised officer.
(4) A judicial authority must authorise the detention of the person for a further period not exceeding 72 hours if satisfied—
(a)that there are reasonable grounds to suspect that the person is guilty of an offence under article 4(3) or 4A(3),
(b)that all reasonable steps are being taken to ensure that the person is brought as soon as is practicable to the United Kingdom to be dealt with in respect of the offence, and
(c)that the detention of the person is necessary for one or more of the purposes mentioned in sub-paragraph (5).
(5) Those purposes are—
(a)to obtain evidence that the person has committed the offence, whether by questioning the person or otherwise;
(b)to preserve evidence relating to the commission of the offence or to prevent the person interfering with witnesses;
(c)to prevent the person evading, or attempting to evade, prosecution for the offence;
(d)to prevent the person from being injured or from causing injury;
(e)to prevent the person causing loss of, or damage to, property.
(6) Sub-paragraph (7) applies if all reasonable steps are taken by an authorised officer to obtain authorisation by a judicial authority but either—
(a)it is not possible to make an application for authorisation before the end of the 48 hour period, or
(b)although such an application is made within the 48 hour period, it is not determined during that period.
(7) The arrested person may be detained after the end of the 48 hour period but only for so long as is necessary to enable an application for authorisation to be made (if it has not already been made) and determined.
(8) In subparagraph (1) any reference to an authorised officer includes a reference to a person taken with an authorised officer under paragraph 5.
(9) In this paragraph and paragraph 13, “judicial authority” means either of the following—
(a)a judge of the Administrative Court in the Queen’s Bench Division of the High Court;
(b)a sheriff in Scotland.
13.—(1) This paragraph applies where a judicial authority authorises the continued detention of an arrested person under paragraph 12 (whether the authorisation is the first given in relation to the person or, by virtue of sub-paragraph (2) below, the second or subsequent).U.K.
(2) Sub-paragraphs (2) to (8) of paragraph 12 apply in relation to the arrested person as if the references in sub-paragraphs (2), (6)(a) and (b) and (7) to the 48 hour period were references to the further period of detention authorised by the judicial authority.
14.—(1) An application made, or an authorisation given, under paragraph 12 may be made or given orally or in writing.U.K.
(2) An application under that paragraph may be made and determined without notice to the arrested person.
(3) Nothing in paragraph 12 applies in relation to the detention of a person at any time after that person’s entry into the United Kingdom to be dealt with in respect of the offence.
(4) Nothing in paragraph 12 prevents an authorised officer exercising the powers conferred by paragraph 1(4) or 6 in relation to a person who is released from detention by virtue of paragraph 12.]