Schedule 2—Enforcement powers in relation to ships
Part 1—England and Wales
- (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 enforcement 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 enforcement 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
4 (1) This paragraph applies if an English and Welsh constable or an enforcement officer has reasonable grounds to suspect that an offence under section 1 or 2 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).
Code of practice
5 (1) The Secretary of State must prepare and issue a code in respect of the practice to be followed by English and Welsh constables and enforcement officers when arresting a person under the power conferred by paragraph 4.
(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 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 in regulations.
(7) Regulations under this paragraph are to be made by statutory instrument.
