Part 4Police powers
CHAPTER 5Maritime enforcement: English and Welsh offences
Supplementary provision
94Maritime enforcement powers: code of practice
(1)
The Secretary of State must prepare and issue a code of practice in respect of the practice to be followed by law enforcement officers when arresting a person under the power conferred by section 90.
(2)
The code must, in particular, provide guidance as to the information to be given to the person at the time of arrest (whether about procedural rights or other matters).
(3)
A failure of a law enforcement officer to comply with any provision of the code does not of itself render the law enforcement officer liable to any criminal or civil proceedings.
(4)
The code—
(a)
is admissible in evidence in criminal and civil proceedings, and
(b)
may be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
(5)
The Secretary of State may at any time revise the whole or any part of the code.
(6)
The code, or any revision of the code, does not come into operation until the Secretary of State so provides by regulations.
(7)
Regulations under this section are to be made by statutory instrument.
(8)
A statutory instrument containing regulations under this section that bring the code into operation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(9)
A statutory instrument containing regulations under this section that bring a revision of the code into operation must be laid before Parliament (if the regulations are made without a draft having been laid and approved as mentioned in subsection (8)).
(10)
Where a statutory instrument, or draft of a statutory instrument, is laid under this section, the code or revision of the code to which it relates must also be laid.