Modern Slavery Bill (HL Bill 51)

Part 3 Northern Ireland

Introductory

19 (1) This Part of this Schedule sets out the powers exercisable by Northern
5Ireland constables and enforcement officers under sections 37 and 38(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);

• 10“listed offence” has the meaning given by section 37(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
15officer 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) 20stop 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
25is 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
30ship.

(5) If the constable or enforcement officer is acting under authority given for the
purposes of section 37(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) 35if 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) 40A 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withdrawn by the giving of a further notice in writing signed by a constable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) 5This 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) 10The 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
15give 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) 20in 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) 25open 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) 30make 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
35records 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
40officer 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).

5Code 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) 10The 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
15to 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) 20The 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
25Assembly, 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
30or 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
35paragraph is exercisable by statutory rule for the purposes of the Statutory
Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)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) 40take 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
5force, if necessary, in the performance of functions under this Part of this
Schedule.

Evidence of authority

26 A Northern Ireland constable or an enforcement officer must produce
evidence of the constable’s or officer’s authority if asked to do so.

10Protection of constables and enforcement officers

27 A Northern Ireland constable or an enforcement officer is not liable in any
criminal or civil proceedings for anything done in the purported
performance of functions under this Part of this Schedule if the court is
satisfied that—

(a) 15the act was done in good faith, and

(b) there were reasonable grounds for doing it.

Offences

28 (1) A person commits an offence under the law of Northern Ireland if the
person—

(a) 20intentionally 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) 25A person who provides information in response to a requirement made by a
Northern Ireland constable or an enforcement officer in the performance of
functions under this Part of this Schedule commits an offence under the law
of Northern Ireland if—

(a) the information is false in a material particular, and the person either
30knows it is or is reckless as to whether it is, or

(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) 35on conviction on indictment, to imprisonment for a term not
exceeding 2 years or to a fine, or to both.

Section 45

SCHEDULE 3 Offences to which defence in section 45(1) does not apply

Common law offences

1 False imprisonment.

2 5Kidnapping.

3 Manslaughter.

4 Murder.

5 Perverting the course of justice.

6 Piracy.

10Offences against the Person Act 1861 (c. 100)Offences against the Person Act 1861 (c. 100)

7 An offence under any of the following provisions of the Offences Against the
Person Act 1861—

• section 4 (soliciting murder)

• section 16 (threats to kill)

• 15section 18 (wounding with intent to cause grievous bodily harm)

• section 20 (malicious wounding)

• section 21 (attempting to choke, suffocate or strangle in order to commit
  or assist in committing an indictable offence)

• section 22 (using drugs etc to commit or assist in the committing of an
  20indictable offence)

• section 23 (maliciously administering poison etc so as to endanger life
  or inflict grievous bodily harm)

• section 27 (abandoning children)

• section 28 (causing bodily injury by explosives)

• 25section 29 (using explosives with intent to do grievous bodily harm)

• section 30 (placing explosives with intent to do bodily injury)

• section 31 (setting spring guns etc with intent to do grievous bodily
  harm)

• section 32 (endangering safety of railway passengers)

• 30section 35 (injuring persons by furious driving)

• section 37 (assaulting officer preserving wreck)

• section 38 (assault with intent to resist arrest).

Explosive Substances Act 1883 (c. 3)Explosive Substances Act 1883 (c. 3)

8 An offence under any of the following provisions of the Explosive
35Substances Act 1883—

• section 2 (causing explosion likely to endanger life or property)

• section 3 (attempt to cause explosion, or making or keeping explosive
  with intent to endanger life or property)

• section 4 (making or possession of explosives under suspicious
  40circumstances).

Infant Life (Preservation) Act 1929 (c. 34)Infant Life (Preservation) Act 1929 (c. 34)

9 An offence under section 1 of the Infant Life (Preservation) Act 1929 (child
destruction).

Children and Young Persons Act 1933 (c. 12)Children and Young Persons Act 1933 (c. 12)

10 5An offence under section 1 of the Children and Young Persons Act 1933
(cruelty to children).

Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6)

11 An offence under section 2 of the Public Order Act 1936 (control etc of quasi-
military organisation).

10Infanticide Act 1938 (c. 36)Infanticide Act 1938 (c. 36)

12 An offence under section 1 of the Infanticide Act 1938 (infanticide).

Firearms Act 1968 (c. 27)Firearms Act 1968 (c. 27)

13 An offence under any of the following provisions of the Firearms Act 1968—

• section 5 (possession of prohibited firearms)

• 15section 16 (possession of firearm with intent to endanger life)

• section 16A (possession of firearm with intent to cause fear of violence)

• section 17(1) (use of firearm to resist arrest)

• section 17(2) (possession of firearm at time of committing or being
  arrested for specified offence)

• 20section 18 (carrying firearm with criminal intent).

Theft Act 1968 (c. 60)Theft Act 1968 (c. 60)

14 An offence under any of the following provisions of the Theft Act 1968—

• section 8 (robbery or assault with intent to rob)

• section 9 (burglary), where the offence is committed with intent to
  25inflict grievous bodily harm on a person, or to do unlawful damage
  to a building or anything in it

• section 10 (aggravated burglary)

• section 12A (aggravated vehicle-taking), where the offence involves an
  accident which causes the death of any person

• 30section 21 (blackmail).

Criminal Damage Act 1971 (c. 48)Criminal Damage Act 1971 (c. 48)

15 The following offences under the Criminal Damage Act 1971—

• an offence of arson under section 1

• an offence under section 1(2) (destroying or damaging property) other
  35than an offence of arson.

Immigration Act 1971 (c. 77)Immigration Act 1971 (c. 77)

16 An offence under section 25 of the Immigration Act 1971 (assisting unlawful
immigration to member state).

Customs and Excise Management Act 1979 (c. 2)Customs and Excise Management Act 1979 (c. 2)

17 An offence under section 170 of the Customs and Excise Management Act
1979 (penalty for fraudulent evasion of duty etc) in relation to goods
prohibited to be imported under section 42 of the Customs Consolidation
5Act 1876 (indecent or obscene articles).

Taking of Hostages Act 1982 (c. 28)Taking of Hostages Act 1982 (c. 28)

18 An offence under section 1 of the Taking of Hostages Act 1982 (hostage-
taking).

Aviation Security Act 1982 (c. 36)Aviation Security Act 1982 (c. 36)

19 10An offence under any of the following provisions of the Aviation Security
Act 1982—

• section 1 (hijacking)

• section 2 (destroying, damaging or endangering safety of aircraft)

• section 3 (other acts endangering or likely to endanger safety of aircraft)

• 15section 4 (offences in relation to certain dangerous articles).

Mental Health Act 1983 (c. 20)Mental Health Act 1983 (c. 20)

20 An offence under section 127 of the Mental Health Act 1983 (ill-treatment of
patients).

Child Abduction Act 1984 (c. 37)Child Abduction Act 1984 (c. 37)

21 20An offence under any of the following provisions of the Child Abduction
Act 1984—

• section 1 (abduction of child by parent etc)

• section 2 (abduction of child by other persons).

Public Order Act 1986 (c. 64)Public Order Act 1986 (c. 64)

22 25An offence under any of the following provisions of the Public Order Act
1986—

• section 1 (riot)

• section 2 (violent disorder).

Criminal Justice Act 1988 (c. 33)Criminal Justice Act 1988 (c. 33)

23 30An offence under section 134 of the Criminal Justice Act 1988 (torture).

Road Traffic Act 1988 (c. 52)Road Traffic Act 1988 (c. 52)

24 An offence under any of the following provisions of the Road Traffic Act
1988—

• section 1 (causing death by dangerous driving)

• 35section 3A (causing death by careless driving when under the influence
  of drink or drugs).

Aviation and Maritime Security Act 1990 (c. 31)Aviation and Maritime Security Act 1990 (c. 31)

25 An offence under any of the following provisions of the Aviation and
Maritime Security Act 1990—

• section 1 (endangering safety at aerodromes)

• 5section 9 (hijacking of ships)

• section 10 (seizing or exercising control of fixed platforms)

• section 11 (destroying fixed platforms or endangering their safety)

• section 12 (other acts endangering or likely to endanger safe
  navigation)

• 10section 13 (offences involving threats).

Channel Tunnel (Security) Order 1994 (S.I. 1994/570S.I. 1994/570)

26 An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (SI
1994/570) (offences relating to Channel Tunnel trains and the tunnel
system).

15Protection from Harassment Act 1997 (c. 40)Protection from Harassment Act 1997 (c. 40)

27 An offence under any of the following provisions of the Protection from
Harassment Act 1997—

• section 4 (putting people in fear of violence)

• section 4A (stalking involving fear of violence or serious alarm or
  20distress).

Crime and Disorder Act 1998 (c. 37)Crime and Disorder Act 1998 (c. 37)

28 An offence under any of the following provisions of the Crime and Disorder
Act 1998 —

• section 29 (racially or religiously aggravated assaults)

• 25section 31(1)(a) or (b) (racially or religiously aggravated offences under
  section 4 or 4A of the Public Order Act 1986).

Terrorism Act 2000 (c. 11)Terrorism Act 2000 (c. 11)

29 An offence under any of the following provisions of the Terrorism Act
2000—

• 30section 54 (weapons training)

• section 56 (directing terrorist organisation)

• section 57 (possession of article for terrorist purposes)

• section 59 (inciting terrorism overseas).

International Criminal Court Act 2001 (c. 17)International Criminal Court Act 2001 (c. 17)

30 35An offence under any of the following provisions of the International
Criminal Court Act 2001—

• section 51 (genocide, crimes against humanity and war crimes)

• section 52 (ancillary conduct).

Anti-terrorism, Crime and Security Act 2001 (c. 24)Anti-terrorism, Crime and Security Act 2001 (c. 24)

31 An offence under any of the following provisions of the Anti-terrorism,
Crime and Security Act 2001—

• section 47 (use of nuclear weapons)

• 5section 50 (assisting or inducing certain weapons-related acts overseas)

• section 113 (use of noxious substance or thing to cause harm or
  intimidate).

Female Genital Mutilation Act 2003 (c. 31)Female Genital Mutilation Act 2003 (c. 31)

32 An offence under any of the following provisions of the Female Genital
10Mutilation Act 2003—

• section 1 (female genital mutilation)

• section 2 (assisting a girl to mutilate her own genitalia)

• section 3 (assisting a non-UK person to mutilate overseas a girl’s
  genitalia).

15Sexual Offences Act 2003 (c. 42)Sexual Offences Act 2003 (c. 42)

33 An offence under any of the following provisions of the Sexual Offences Act
2003—

• section 1 (rape)

• section 2 (assault by penetration)

• 20section 3 (sexual assault)

• section 4 (causing person to engage in sexual activity without consent)

• section 5 (rape of child under 13)

• section 6 (assault of child under 13 by penetration)

• section 7 (sexual assault of child under 13)

• 25section 8 (causing or inciting child under 13 to engage in sexual activity)

• section 9 (sexual activity with a child)

• section 10 (causing or inciting a child to engage in sexual activity)

• section 13 (child sex offences committed by children or young persons)

• section 14 (arranging or facilitating commission of child sex offence)

• 30section 15 (meeting a child following sexual grooming)

• section 16 (abuse of position of trust: sexual activity with a child)

• section 17 (abuse of position of trust: causing or inciting a child to
  engage in sexual activity)

• section 18 (abuse of position of trust: sexual activity in presence of
  35child)

• section 19 (abuse of position of trust: causing a child to watch a sexual
  act)

• section 25 (sexual activity with a child family member)

• section 26 (inciting a child family member to engage in sexual activity)

• 40section 30 (sexual activity with a person with a mental disorder
  impeding choice)

• section 31 (causing or inciting a person with a mental disorder
  impeding choice to engage in sexual activity)

• section 32 (engaging in sexual activity in the presence of a person with
  45a mental disorder impeding choice)

Modern Slavery BillPage 59

• section 33 (causing a person with a mental disorder impeding choice to
  watch a sexual act)

• section 34 (inducement, threat or deception to procure sexual activity
  with a person with a mental disorder)

• 5section 35 (causing a person with a mental disorder to engage in or
  agree to engage in sexual activity by inducement, threat or
  deception)

• section 36 (engaging in sexual activity in the presence, procured by
  inducement, threat or deception, of a person with a mental disorder)

• 10section 37 (causing a person with a mental disorder to watch a sexual
  act by inducement, threat or deception)

• section 38 (care workers: sexual activity with a person with a mental
  disorder)

• section 39 (care workers: causing or inciting sexual activity)

• 15section 40 (care workers: sexual activity in the presence of a person with
  a mental disorder)

• section 41 (care workers: causing a person with a mental disorder to
  watch a sexual act)

• section 47 (paying for sexual services of a child)

• 20section 48 (causing or inciting child prostitution or pornography)

• section 49 (controlling a child prostitute or a child involved in
  pornography)

• section 50 (arranging or facilitating child prostitution or pornography)

• section 61 (administering a substance with intent)

• 25section 62 (committing offence with intent to commit sexual offence)

• section 63 (trespass with intent to commit sexual offence)

• section 64 (sex with an adult relative: penetration)

• section 65 (sex with an adult relative: consenting to penetration)

• section 66 (exposure)

• 30section 67 (voyeurism)

• section 70 (sexual penetration of a corpse).

Domestic Violence, Crime and Victims Act 2004 (c. 28)Domestic Violence, Crime and Victims Act 2004 (c. 28)

34 An offence under section 5 of the Domestic Violence, Crime and Victims Act
2004 (causing or allowing a child or vulnerable adult to die or suffer serious
35physical harm).

Terrorism Act 2006 (c. 11)Terrorism Act 2006 (c. 11)

35 An offence under any of the following provisions of the Terrorism Act
2006—

• section 5 (preparation of terrorist acts)

• 40section 6 (training for terrorism)

• section 9 (making or possession of radioactive device or material)

• section 10 (use of radioactive device or material for terrorist purposes)

• section 11 (terrorist threats relating to radioactive devices etc).