These notes refer to the Modern Slavery Act 2015 (c. 30)
which received Royal Assent on 26 March 2015
Section 37 and Part 3 of Schedule 2: Enforcement powers in relation to ships: Northern Ireland
156. Section 37 sets out powers for law enforcement in Northern Ireland (the police, customs officials, a member of Her Majesty’s Armed Forces) to tackle suspected human trafficking or slavery at sea. The Crime and Courts Act 2013 (National Crime Agency and Proceeds of Crime) (Northern Ireland) Order 2015 made under Schedule 24 to the Crime and Courts Act 2013, (once the relevant provisions come into force - expected in May 2015), will enable the powers to also be exercised by certain NCA officers who will fall within the definition of a constable because they will be designated with the powers and privileges of a constable. The details of the additional powers are set out in Part 3 of Schedule 2.
157. Subsection (1) sets out the scenarios in which a Northern Ireland constable or an enforcement officer may use additional powers in relation to vessels where an offence of human trafficking or slavery is suspected, in waters adjacent to Northern Ireland, or in international or foreign waters. 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 in the territorial waters of another state, 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.
158. Subsection (2) provides that these powers are only exercisable for the purpose of preventing, detecting, investigating or prosecuting a listed offence, set out in subsection (9), and in accordance with the conditions of this section.
159. Subsection (3) provides that the authority of the Chief Constable of the Police Service of Northern Ireland is required before an enforcement officer (a customs officials or a member of Her Majesty’s Armed Forces) may exercise any Part 3 powers.
160. Subsection (4) provides that a Northern Ireland constable or an enforcement officer must gain the authority of the Secretary of State prior to exercising the powers set out in Part 3 of Schedule 2 in relation to a UK vessel in foreign waters.
161. Subsection (5) sets out that the approval of the Secretary of State for the scenario in Subsection (4) can only be provided if the state or relevant territory in question consents to the use of these powers.
162. Subsection (6) confirms that the authority of the Secretary of State is also required for a Northern Ireland constable or enforcement officer 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.
163. Subsection (7) sets out that the approval of the Secretary of State for the scenario in Subsection (6) can only be provided in relation to a foreign ship 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 sub-section (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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