Schedule 2—Enforcement powers in relation to ships
Part 2—Scotland
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 subparagraph (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
- (b) the person intentionally fails to disclose any material particular.
(3) A person guilty of an offence under this paragraph is liable—
