House of Commons Amendments

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Consideration of Bill:
778

, continued

Secretary Theresa May

Schedule  1,  page  37,  line  3,  leave out “the officer’s”

Secretary Theresa May

Schedule  1,  page  37,  line  3,  after “this” insert “Part of this”

Secretary Theresa May

Schedule  1,  page  37,  line  5,  after “An” insert “English and Welsh constable or an”

Secretary Theresa May

Schedule  1,  page  37,  line  5,  after “the” insert “constable’s or”

Secretary Theresa May

Schedule  1,  page  37,  line  7,  after “of” insert “constables and enforcement”

Secretary Theresa May

Schedule  1,  page  37,  line  8,  after “An” insert “English and Welsh constable or an”

Secretary Theresa May

Schedule  1,  page  37,  line  9,  leave out “the officer’s”

Secretary Theresa May

Schedule  1,  page  37,  line  10,  after “this” insert “Part of this”

Secretary Theresa May

Schedule  1,  page  37,  line  14,  after “offence” insert “under the law of England and

Wales”

Member’s explanatory statement

This amendment, together with amendment 128, limits the offence in paragraph 10 of Schedule 1

to England and Wales. There are corresponding offences in relation to Scotland and Northern

Ireland (see paragraphs 18 and 28 of that Schedule, as inserted by amendment 129).

Secretary Theresa May

Schedule  1,  page  37,  line  15,  after “obstructs” insert “a constable or”

Secretary Theresa May

Schedule  1,  page  37,  line  16,  leave out “the officer’s”

Secretary Theresa May

Schedule  1,  page  37,  line  16,  after “this” insert “Part of this”

Consideration of Bill:
779

, continued

Secretary Theresa May

Schedule  1,  page  37,  line  18,  after “by” insert “a constable or”

Secretary Theresa May

Schedule  1,  page  37,  line  20,  at beginning insert “a constable or”

Secretary Theresa May

Schedule  1,  page  37,  line  20,  leave out “the officer’s”

Secretary Theresa May

Schedule  1,  page  37,  line  21,  after “this” insert “Part of this”

Secretary Theresa May

Schedule  1,  page  37,  line  21,  after “offence” insert “under the law of England and

Wales”

Secretary Theresa May

Schedule  1,  page  37,  line  26,  at end insert—

Scotland

Introductory

11  (1)
This Part of this Schedule sets out the powers exercisable by Scottish

constables and enforcement officers under sections (Enforcement powers in

relation to ships: Scotland) and (Hot pursuit of ships in United Kingdom

waters)(4).

      (2)
In this Part of this Schedule—

“items subject to legal privilege” has the same meaning as in Chapter 3 of

Part 8 of the Proceeds of Crime Act 2002 (see section 412 of that Act);

“listed offence” has the meaning given by section (Enforcement powers in

relation to ships: Scotland)(8);

“the ship” means the ship in relation to which the powers set out in this Part

of this Schedule are exercised.

Power to stop, board, divert and detain

12  (1)
This paragraph applies if a Scottish constable or an enforcement officer has

reasonable grounds to suspect that—

(a)
a listed offence is being, or has been, committed on the ship, or

(b)
the ship is otherwise being used in connection with the commission of

a listed offence.

      (2)
The constable or enforcement officer may—

(a)
stop the ship;

(b)
board the ship;

Consideration of Bill:
780

, continued

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

detained there.

      (3)
Except as provided by sub-paragraph (5), authority of the Secretary of State is

required before a constable or an enforcement officer may exercise the power

conferred by sub-paragraph (2)(c) to require the ship to be taken to a port

outside the United Kingdom.

      (4)
Authority for the purposes of sub-paragraph (3) may be given only if the State

or relevant territory in which the port is located is willing to receive the ship.

      (5)
If the constable or enforcement officer is acting under authority given for the

purposes of section (Enforcement powers in relation to ships: Scotland)(5), the

constable or 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, any other State or

relevant territory willing to receive the ship.

      (6)
The constable or 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 sub-

paragraph (2) or (5).

      (7)
A constable or an enforcement officer must give notice in writing to the master

of any ship detained under this paragraph.

      (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 constable or

an enforcement officer.

Power to search and obtain information

13  (1)
This paragraph applies if a Scottish constable or an enforcement officer has

reasonable grounds to suspect that there is evidence on the ship (other than

items subject to legal privilege) relating—

(a)
to a listed offence, or

(b)
to an offence that is connected with a listed offence.

      (2)
The constable or enforcement officer may search—

(a)
the ship;

(b)
anyone on the ship;

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

      (3)
The constable or enforcement officer may require a person on the ship to give

information about himself or herself.

      (4)
The power to search conferred by sub-paragraph (2)—

(a)
is only a power to search to the extent that it is reasonably required for

the purpose of discovering evidence of the kind mentioned in sub-

paragraph (1), and

(b)
in the case of a search of a person, does not authorise a constable or an

enforcement officer to require the person to remove any clothing in

public other than an outer coat, jacket or gloves.

      (5)
In exercising a power conferred by sub-paragraph (2) or (3) a constable or an

enforcement officer may—

(a)
open any containers;

(b)
require the production of documents, books or records relating to the

ship or anything on it (but not including anything the constable or

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

constable or officer has power to require.

Consideration of Bill:
781

, continued

      (6)
The power in sub-paragraph (5)(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.

      (7)
Sub-paragraph (5) is without prejudice to the generality of the powers

conferred by sub-paragraphs (2) and (3).

Power of arrest and seizure

14  (1)
This paragraph applies if a Scottish constable or an enforcement officer has

reasonable grounds to suspect that a listed offence has been, or is being,

committed on the ship.

      (2)
The constable or enforcement officer may arrest without warrant anyone

whom the constable or officer has reasonable grounds for suspecting to be

guilty of the offence.

      (3)
The constable or enforcement officer may seize and detain anything found on

the ship which appears to the constable or officer to be evidence of the offence

(but not including anything that the constable or officer has reasonable grounds

to believe to be an item subject to legal privilege).

Assistants

15  (1)
A Scottish constable or an enforcement officer may—

(a)
be accompanied by other persons, and

(b)
take equipment or materials,


to assist the constable or officer in the exercise of powers under this Part of this

Schedule.

      (2)
A person accompanying a constable or an enforcement officer under sub-

paragraph (1) may perform any of the constable’s or officer’s functions under

this Part of this Schedule, but only under the constable’s or officer’s

supervision.

Reasonable force

16
A Scottish constable or an enforcement officer may use reasonable force, if

necessary, in the performance of functions under this Part of this Schedule.

Evidence of authority

17
A Scottish constable or an enforcement officer must produce evidence of the

constable’s or officer’s authority if asked to do so.

Offences

18  (1)
A person commits an offence under the law of Scotland if the person—

(a)
intentionally obstructs a constable or an enforcement officer in the

performance of functions under this Part of this Schedule, or

(b)
fails without reasonable excuse to comply with a requirement made by

a constable or an enforcement officer in the performance of those

functions.

      (2)
A person who provides information in response to a requirement made by a

Scottish constable or an enforcement officer in the performance of functions

under this Part of this Schedule commits an offence under the law of Scotland

if—

(a)
the information is false in a material particular, and the person either

knows it is or is reckless as to whether it is, or

Consideration of Bill:
782

, continued

(b)
the person intentionally fails to disclose any material particular.

      (3)
A person guilty of an offence under this paragraph is liable—

(a)
on summary conviction, to a fine not exceeding the statutory

maximum;

(b)
on conviction on indictment, to a fine.

Northern Ireland

Introductory

19  (1)
This Part of this Schedule sets out the powers exercisable by Northern Ireland

constables and enforcement officers under sections (Enforcement powers in

relation to ships: Northern Ireland) and (Hot pursuit of ships in United

Kingdom waters)(7).

      (2)
In this Part of this Schedule—

“items subject to legal privilege” has the same meaning as in the Police and

Criminal Evidence (Northern Ireland) Order 1989 (1989/1341 (N.I. 12))

(see Article 12 of that Order);

“listed offence” has the meaning given by section (Enforcement powers in

relation to ships: Northern Ireland)(9);

“the ship” means the ship in relation to which the powers set out in this Part

of this Schedule are exercised.

Power to stop, board, divert and detain

20  (1)
This paragraph applies if a Northern Ireland constable or an enforcement

officer has reasonable grounds to suspect that—

(a)
a listed offence is being, or has been, committed on the ship, or

(b)
the ship is otherwise being used in connection with the commission of

a listed offence.

      (2)
The constable or enforcement officer may—

(a)
stop the ship;

(b)
board the ship;

(c)
require the ship to be taken to a port (in Northern Ireland or elsewhere)

and detained there.

      (3)
Except as provided by sub-paragraph (5), authority of the Secretary of State is

required before a constable or an enforcement officer may exercise the power

conferred by sub-paragraph (2)(c) to require the ship to be taken to a port

outside the United Kingdom.

      (4)
Authority for the purposes of sub-paragraph (3) may be given only if the State

or relevant territory in which the port is located is willing to receive the ship.

      (5)
If the constable or enforcement officer is acting under authority given for the

purposes of section (Enforcement powers in relation to ships: Northern

Ireland)(6), the constable or 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, any other State or

relevant territory willing to receive the ship.

      (6)
The constable or 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 sub-

paragraph (2) or (5).

Consideration of Bill:
783

, continued

      (7)
A constable or an enforcement officer must give notice in writing to the master

of any ship detained under this paragraph.

      (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 constable or

an enforcement officer.

Power to search and obtain information

21  (1)
This paragraph applies if a Northern Ireland constable or an enforcement

officer has reasonable grounds to suspect that there is evidence on the ship

(other than items subject to legal privilege) relating—

(a)
to a listed offence, or

(b)
to an offence that is connected with a listed offence.

      (2)
The constable or enforcement officer may search—

(a)
the ship;

(b)
anyone on the ship;

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

      (3)
The constable or enforcement officer may require a person on the ship to give

information about himself or herself or about anything on the ship.

      (4)
The power to search conferred by sub-paragraph (2)—

(a)
is only a power to search to the extent that it is reasonably required for

the purpose of discovering evidence of the kind mentioned in sub-

paragraph (1), and

(b)
in the case of a search of a person, does not authorise a constable or an

enforcement officer to require the person to remove any clothing in

public other than an outer coat, jacket or gloves.

      (5)
In exercising a power conferred by sub-paragraph (2) or (3) a constable or an

enforcement officer may—

(a)
open any containers;

(b)
require the production of documents, books or records relating to the

ship or anything on it (but not including anything the constable or

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

constable or officer has power to require.

      (6)
The power in sub-paragraph (5)(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.

      (7)
Sub-paragraph (5) is without prejudice to the generality of the powers

conferred by sub-paragraphs (2) and (3).

Power of arrest and seizure

22  (1)
This paragraph applies if a Northern Ireland constable or an enforcement

officer has reasonable grounds to suspect that a listed offence has been, or is

being, committed on the ship.

      (2)
The constable or enforcement officer may arrest without warrant anyone

whom the constable or officer has reasonable grounds for suspecting to be

guilty of the offence.

      (3)
The constable or enforcement officer may seize and detain anything found on

the ship which appears to the constable or officer to be evidence of the offence

Consideration of Bill:
784

, continued

(but not including anything that the constable or officer has reasonable grounds

to believe to be an item subject to legal privilege).

Code of practice

23  (1)
The Department of Justice in Northern Ireland must prepare and issue a code

in respect of the practice to be followed by Northern Ireland constables and

enforcement officers when arresting a person under the power conferred by

paragraph 22.

      (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 constable or an enforcement officer to comply with any provision

of the code does not of itself render the constable or 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 Department of Justice 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

Department of Justice—

(a)
lays a draft of the code, or revised code, before the Northern Ireland

Assembly, and

(b)
provides by order for the code, or revised code, to come into operation.

      (7)
An order bringing the code into operation may contain such transitional

provisions or savings as appear to the Department of Justice to be necessary or

expedient.

      (8)
An order under this paragraph is subject to negative resolution (within the

meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954

(c. 33 (N.I.))).

      (9)
The power of the Department of Justice to make an order under this paragraph

is exercisable by statutory rule for the purposes of the Statutory Rules

(Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

Assistants

24  (1)
A Northern Ireland constable or an enforcement officer may—

(a)
be accompanied by other persons, and

(b)
take equipment or materials,


to assist the constable or officer in the exercise of powers under this Part of this

Schedule.

      (2)
A person accompanying a constable or an enforcement officer under sub-

paragraph (1) may perform any of the constable’s or officer’s functions under

this Part of this Schedule, but only under the constable’s or officer’s

supervision.

Reasonable force

25
A Northern Ireland constable or an enforcement officer may use reasonable

force, if necessary, in the performance of functions under this Part of this

Schedule.



© Parliamentary copyright	Revised 4 November 2014