These notes refer to the Modern Slavery Act 2015 (c. 30)
which received Royal Assent on 26 March 2015
170. Paragraph 23 requires that the Department of Justice in Northern Ireland prepares and issues a code in respect of the practice to be followed by Northern Ireland constables and enforcement officers when arresting a person under the power conferred by sub-paragraph (1), in particular providing guidance as to the information to be given to the person at the time of arrest (sub-paragraph (2)). Subparagraph (3) confirms that failure to comply with the code does not render a Northern Ireland constable or officer liable to criminal proceedings. Sub-paragraph (4) sets out that the code is admissible in criminal and civil proceedings and may be taken into account by a court or tribunal where relevant. Sub-paragraph (5) provides that the Department of Justice in Northern Ireland may make revisions to the code at any time and sub-paragraph (6) states that the code will only come into effect when the Department lays a draft of the code before the Northern Ireland Assembly and provides by order for the code or a revised code to come into operation. Sub-paragraph (7) provides that an order bringing the code into operation may contain relevant transitional provisions or savings. Sub-paragraph (8) provides that an order under this section is subject to negative resolution and sub-paragraph (9) provides this is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
171. Paragraph 24 provides that a Northern Ireland constable or enforcement officer may take another person or relevant equipment or materials on board a vessel to support them in exercising the powers set out in this Schedule. The assistant may perform functions on behalf of the officer under their supervision.
172. Paragraph 25 confirms that a Northern Ireland constable or enforcement officer may use reasonable force, where necessary, in order to perform the functions set out in this Schedule.
173. Paragraph 26 provides that, when required, a Northern Ireland constable or enforcement officer must provide evidence of their authority.
174. Paragraph 27 confirms that a Northern Ireland constable or enforcement officer is not liable in any civil or criminal proceedings for anything done in performance of the functions in this Schedule, provided that a court is satisfied that the Northern Ireland constable or officer acted in good faith and there were reasonable grounds for their actions.
175. Paragraph 28 creates two offences where a person does not comply with the investigation. The first makes it an offence where a person intentionally obstructs a Northern Ireland constable or an enforcement officer in exercising the powers in this Schedule, or fails to comply with a requirement of a Northern Ireland constable or an enforcement officer, without reasonable excuse. The second makes it an offence where a person knowingly or recklessly provides false information, or intentionally fails to disclose anything material, in response to a Northern Ireland constable or an enforcement officer requiring information when exercising the powers within this Schedule.
176. Sub-paragraph 28(3) sets out that a person guilty of an offence under this paragraph is liable on summary conviction, to a fine not exceeding the statutory maximum; and on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.
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