These notes refer to the Modern Slavery Act 2015 (c. 30)
which received Royal Assent on 26 March 2015
119. Subsection (8) disapplies the usual six month time limit for making an application made by complaint to the magistrates’ court.
PART 3: MARITIME ENFORCEMENT
Section 35 and Part 1 of Schedule 2: Enforcement powers in relation to ships: England and Wales
120. Section 35 provides additional powers for law enforcement in England and Wales (the police, port police, British Transport Police, designated NCA officers, customs officials, or a member of Her Majesty’s Armed Forces) to tackle suspected human trafficking or slavery at sea. The details of the additional powers are set out in Part 1 of Schedule 2. This is an issue because victims are in many cases trafficked illegally on vessels, and also may be the subject of slavery, servitude and forced or compulsory labour on board vessels. Extending law enforcement powers in relation to suspected modern slavery offences will enable the police and other relevant bodies to better protect suspected victims and bring offenders to justice.
121. Subsection (1) sets out the scenarios in which a constable or law enforcement officer may use additional powers in relation to vessels where an offence of human trafficking or slavery is suspected. These restrictions are in line with UK court jurisdiction, so wherever a suspect is apprehended prosecution can take place. The only exception to this is in the case of a UK vessel or stateless vessel in the territorial waters of another state or relevant territory, where UK court jurisdiction only applies where the offender is a British citizen. However, as the nationality of a suspected offender may not be apparent prior to investigation, the power is provided for all UK vessels in this scenario.
122. Subsection (2) provides that these powers are only exercisable for the purpose of preventing, detecting, investigating or prosecuting a human trafficking or slavery offence, and in accordance with the conditions of this section.
123. Subsection (3) provides that an enforcement officer must gain the authority of the Secretary of State prior to exercising the powers set out in Part 1 of Schedule 2 in relation to a UK vessel in foreign waters.
124. Subsection (4) sets out that the approval of the Secretary of State for the scenario in Subsection (3) can only be provided if the state or relevant territory in whose waters the powers would be exercised consents to the use of these powers.
125. Subsection (5) confirms that the authority of the Secretary of State is also required for law enforcement to use these powers in relation to a foreign vessel, or a ship registered under the law of a relevant territory, within the territorial sea adjacent to the United Kingdom.
126. Subsection (6) sets out that, in relation to foreign ships, the approval of the Secretary of State for the scenario in Subsection (5) can only be provided if one of the listed conditions has been met. This ensures the measure is aligned with the UN Convention on the Law of the Sea (UNCLOS). The conditions are: that the home state has requested the assistance of the UK for the purposes set out in subsection (2)(a); the home state has authorised the UK to act in that way; or UNCLOS otherwise permits the exercise of these powers.
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