The North Korea (United Nations Sanctions) (Amendment) Order 2009

Amendment of the principal Order U.K.

13.  After Schedule 2 insert—

Article 8

“SCHEDULE 3 U.K. Enforcement powers in respect of ships

PART 1 U.K. THE POWERS

Power to stop, board, divert and detain U.K.

1.— (1) An authorised officer may stop and board the ship.

(2) If the authorised officer thinks it is necessary for the exercise of the authorised officer’s functions, the authorised officer may require the ship to be taken to a port or anchorage:

(a) in the United Kingdom, or

(b) in any other country or territory willing to receive it,

and detain it there.

(3) If the ship is stopped in waters landward of the baselines from which the territorial sea adjacent to the United Kingdom is measured or in the territorial sea adjacent to the United Kingdom, the authorised officer may require it to be taken to any place in those waters or that sea specified by the authorised officer.

(4) For any purpose mentioned in sub-paragraph (1) to (3), the authorised officer may require the master or any member of the crew to take such action as may be necessary.

(5) If a ship is detained by an authorised officer, that officer must serve on the master a notice in writing stating that it is to be detained until the notice is withdrawn by service on the master of a further notice in writing signed by an authorised officer.

(6) Sub-paragraph (5) does not apply if it is not reasonably practicable to serve the notice on the master.

Power to search and obtain information U.K.

2.— (1) An authorised officer may search the ship, anyone on it and anything on it, including its cargo.

(2) An authorised officer may require any person on the ship to give information concerning that person or anything on the ship.

(3) Without prejudice to the generality of those powers an authorised officer may:

(a) open any containers,

(b) make tests and take samples of anything on the ship,

(c) require the production of documents, books or records relating to the ship or anything on it,

(d) make photographs or copies of anything the authorised officer has power to require to be produced.

Power in respect of suspected offence U.K.

3.   If an authorised officer has reasonable grounds to suspect that an offence under article 3(3) or 5(3) has been committed the authorised officer may:

(a) arrest without warrant anyone on the ship whom the authorised officer has reasonable grounds for suspecting to be guilty of the offence, and

(b) seize and detain anything found on the ship which appears to the authorised officer to be evidence of the offence.

Power in respect of identified prohibited items U.K.

4.   If an authorised officer identifies on the ship any military goods or WMD goods, the authorised officer may seize the goods, detain them and dispose of them, either by destroying them or in such other manner as the authorised officer may decide.

Assistants U.K.

5.— (1) A person may be taken with an authorised officer to assist the authorised officer in the exercise of the authorised officer’s powers.

(2) A person taken with an authorised officer under sub-paragraph (1) may perform any of the authorised officer’s functions under paragraphs 1 to 4 and 6 and 7 but only under the authorised officer’s supervision.

Use of force U.K.

6.— (1) An authorised officer may use reasonable force in the performance of the authorised officer’s functions.

(2) Such force may be used only if:

(a) the authorised officer or any person assisting the authorised officer is being obstructed in the performance of the authorised officer’s functions, or

(b) it is necessary to ensure the safety of the authorised officer, any person assisting the authorised officer or any other person on board the ship.

Equipment U.K.

7.   An authorised officer may take any equipment or materials to assist the authorised officer in the exercise of the authorised officer’s powers.

Evidence of authority U.K.

8.   A person authorised to act as an authorised officer must, if required, produce evidence of that authority.

PART 2 U.K. JUDICIAL AUTHORISATION

Judicial authorisation: exercise of powers to divert and search U.K.

9.— (1) This paragraph applies where—

(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 any of the following—

(a) a judge entitled to exercise the jurisdiction of the Crown Court in England and Wales or in Northern Ireland;

(b) a District Judge (Magistrates’ Courts) in England and Wales or in Northern Ireland;

(c) a justice of the peace in England and Wales;

(d) a sheriff in Scotland;

(e) a lay magistrate in Northern Ireland.

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).

(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.

(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.

Judicial authorisation: arrested persons U.K.

12.— (1) This paragraph applies where an authorised officer arrests a person under paragraph 3(a).

(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 3(3) or 5(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 any of the following—

(a) a judge entitled to exercise the jurisdiction of the Crown Court in England and Wales or in Northern Ireland;

(b) a District Judge (Magistrates’ Courts) in England and Wales or in Northern Ireland;

(c) a justice of the peace in England and Wales;

(d) a sheriff in Scotland;

(e) a lay magistrate in Northern Ireland.

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).

(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.

(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(5) or 6 in relation to a person who is released from detention by virtue of paragraph 12.

PART 3 U.K. OFFENCES

15.— (1) It is an offence for a person intentionally to obstruct an authorised officer in the performance of any of the authorised officer’s functions under this Schedule.

(2) It is an offence for a person to fail without reasonable excuse to comply with a requirement made by an authorised officer in the performance of those functions.

(3) It is an offence for a person, in purporting to give information required by an authorised officer for the performance of those functions, to:

(a) make a statement which that person knows to be false in a material particular or recklessly to make a statement which is false in a material particular, or

(b) intentionally to fail to disclose any material particular.

(4) In this paragraph any reference to an authorised officer includes a person taken with an authorised officer under paragraph 5.”

Commencement Information

I1 Art. 13 in force at 11.12.2009, see art. 1(1)