These notes refer to the Modern Slavery Act 2015 (c. 30)
which received Royal Assent on 26 March 2015
127. Subsection (7) adds that, in giving this authority, the Secretary of State must also give effect to any conditions or limitations the home state in question has made a condition of their authority.
128. The detail of the powers set out in section 35 is set out in Part 1 of Schedule 2. Paragraph 1 introduces Part 1 of Schedule 2, which sets out the powers exercisable by the police, port police, British Transport Police, designated NCA officer, customs officials, or a relevant member of the Armed Forces (‘enforcement officer’) in relation to suspected slavery and human trafficking offences at sea (section 35) and section 38 (Hot pursuit of ships in United Kingdom waters).
129. Paragraph 2 provides a power to stop and board a ship, and to direct the vessel to be taken to a port in England and Wales, or elsewhere, and detained there, where there are reasonable grounds to suspect that a slavery or human trafficking offence is being, or has been committed or the vessel is being used in connection with a slavery or trafficking offence. It notes that if the enforcement officer is acting on the authority of the Secretary of State, as set out in section 35(5), the officer can require the vessel to be taken to a port in another country willing to take the vessel. In operating this power an enforcement officer has the power to require any member of a vessel’s crew to take action necessary to support their enforcement activity in relation to the powers set out in sub-paragraph 2(1). Written notice must be provided to the master of any vessel detained under this paragraph, which must state the ship is to be detained until withdrawn via a further written notice, signed by a constable or an enforcement officer.
130. Paragraph 3 provides a power to search a vessel and any person or object on that vessel, where a constable or an enforcement officer has reasonable grounds to suspect that there is evidence on the ship relating to a slavery or trafficking offence, or a connected offence. It gives a constable or an enforcement officer the power to require a person on the vessel under investigation to give information about themself or about anything on the vessel. It confirms that searching may include (although is not limited to) opening containers, requiring the production of documents, books or records (in either hard copy or electronic form) and making photographs or copies of anything the constable or officer has power to require. This power can only be used where a search is reasonably required to discover evidence of a slavery, trafficking or connected offence and does not authorise the removal of any clothing in public other than an outer coat, jacket or gloves.
131. Paragraph 4 provides a power of arrest where a constable or an enforcement officer has reasonable grounds to suspect a slavery or human trafficking offence has been committed on the vessel under investigation. A constable or an enforcement officer can arrest without warrant anyone they have reasonable grounds to suspect may be guilty of a slavery or human trafficking offence. A constable or an officer may also seize and detain anything that appears to be evidence of that offence. The exception to this is any materials that the constable or officer has reasonable grounds to suspect are subject to legal privilege.
132. Paragraph 5 provides for a Code of Practice for constables or law enforcement officers exercising the power of arrest set out in paragraph 4. The Code will provide guidance on the information to be given to a person at the time of arrest. Where a constable or an enforcement officer fails to comply with any provision of the Code it does not of itself render the constable or officer liable to any criminal or civil proceeding. The code may be
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