SCHEDULE 2 continued PART 2 continued
Modern Slavery BillPage 50
(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withdrawn by the giving of a further notice in writing signed by a constable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.
13
(1)
5This 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) 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.
(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).
14
(1)
This paragraph applies if a Scottish constable or an enforcement officer has
40reasonable 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.
Modern Slavery BillPage 51
(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).
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
10this 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.
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.
17
A Scottish constable or an enforcement officer must produce evidence of the
20constable’s or officer’s authority if asked to do so.
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)
25fails 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
30under 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
(b) the person intentionally fails to disclose any material particular.
(3) 35A 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.
Modern Slavery BillPage 52
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.
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.
Modern Slavery BillPage 53
(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.
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).
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.
Modern Slavery BillPage 54
(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).
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)).
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
Modern Slavery BillPage 55
under this Part of this Schedule, but only under the constable’s or officer’s
supervision.
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.
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.
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.
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.
Modern Slavery BillPage 56
Section 45
1 False imprisonment.
2 5Kidnapping.
3 Manslaughter.
4 Murder.
5 Perverting the course of justice.
6 Piracy.
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).
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).
Modern Slavery BillPage 57
9
An offence under section 1 of the Infant Life (Preservation) Act 1929 (child
destruction).
10
5An offence under section 1 of the Children and Young Persons Act 1933
(cruelty to children).
11
An offence under section 2 of the Public Order Act 1936 (control etc of quasi-
military organisation).
12 An offence under section 1 of the Infanticide Act 1938 (infanticide).
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).
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).
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.
16
An offence under section 25 of the Immigration Act 1971 (assisting unlawful
immigration to member state).
Modern Slavery BillPage 58
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).
18
An offence under section 1 of the Taking of Hostages Act 1982 (hostage-
taking).
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).
20
An offence under section 127 of the Mental Health Act 1983 (ill-treatment of
patients).
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).
22
25An offence under any of the following provisions of the Public Order Act
1986—
section 1 (riot)
section 2 (violent disorder).
23 30An offence under section 134 of the Criminal Justice Act 1988 (torture).
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).
Modern Slavery BillPage 59
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).
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).
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).
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).
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).
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).