Schedules Schedule 14: Maritime enforcement Part 1 of new Schedule 4A to the Immigration Act 1971
Paragraph 8 inserts a new Schedule 4A after Schedule 4 of the 1971 Act. Schedule 4A sets out the powers an immigration officer, police officer or member of the Armed Services has to stop, board, divert, detain and search a ship to investigate the facilitation offences. Paragraph 1 is self explanatory and introduces Part 1 of Schedule 4A which governs the powers applicable in UK territorial waters adjacent to England and Wales.
	Paragraph 2(1) and (2) provides a power to stop and board a ship, and requires the ship to be taken to a port in the United Kingdom, and be detained there. These powers only apply where there are reasonable grounds to suspect that the ship is involved in a facilitation offence. Paragraph 2(3) allows officers to order the ship’s crew to help steer the ship to port. If the ship is to be detained, the immigration or police officer must notify the master of the ship in writing (paragraph 2(4)) and the notice must tell the master that it will be detained until a further notice is served (paragraph 2(5)).
	Paragraph 3(1) and (2) provides a power to search a ship and any person or object on that ship, where an immigration or police officer has reasonable grounds to suspect that there is evidence on the ship relating to a facilitation offence, or a connected offence. Paragraph 3(3) gives the officer the power to require a person on the ship to give information about themselves or about anything on the ship.
	Sub-paragraphs (5) and (7) give examples of actions that can be carried out by officers during a search including opening containers, requiring documents and making copies. The power of search can only be used to the extent reasonably required to discover evidence of a facilitation or connected offence and does not authorise the removal of any clothing in public other than an outer coat, jacket or gloves (sub-paragraph (4)). Sub-paragraph (6) ensures that officers may require electronic evidence to be produced in a legible form and in a manner which may be taken away. Sub-paragraph (8) clarifies that the powers are exercisable elsewhere than on the ship which has been boarded.
	Under paragraph 4, sub-paragraphs (1) and (2) permit officers to arrest any person, without warrant, that they reasonably suspect to have committed a facilitation offence on the ship under investigation. Sub-paragraph (3) also permits an officer to seize and retain any suspected evidence of a facilitation offence other than items of legal privilege. Sub-paragraph (4) clarifies that these powers can be exercised on the ship itself or elsewhere.
	Under paragraph 5(1) and (2), officers can search a person on the ship for anything which they reasonably believe might be used to cause physical injury, damage to property or endanger the safety of a ship. Sub-paragraph (2) ensures that the powers can only be exercised where the officer has reasonable grounds to believe that such an item is concealed on a person and only to the extent necessary. Officers may also seize and retain such items (sub-paragraph (3)), but must return the items to the person they were taken from, if that person is released from detention (sub-paragraph (4)). This power does not authorise the removal of any clothing in public other than an outer coat, jacket or gloves, but it does authorise the search of a person’s mouth (sub-paragraph (5)).
	Paragraph 6 provides a power for officers to require any person on the ship to produce a nationality document and, if they reasonably believe that person is concealing documents that may establish that person’s identity, such as a passport or identity card, search that person (sub-paragraphs (1) and (2)). The power of search may only be exercised where there are reasonable grounds to believe that such a document is concealed on a person and only to the extent necessary (sub-paragraph (3)).The officer can seize and retain a document relating to a person’s identity for as long as they believe that person will arrive in the United Kingdom, but this does not affect any other power of retention the office may have (sub-paragraphs (4) and (5)). Documents seized and retained by constables or members of the Armed Services must be passed to an immigration officer as soon as possible after the ship has arrived in the United Kingdom (sub-paragraph (6)). The power does not authorise the removal of any clothing in public other than an outer coat, jacket or gloves, or the seizure or retention of any document that the officer reasonably believes is subject to legal privilege (sub-paragraph (7)). Sub-paragraph (8) defines "nationality document" and sub-paragraph (9) clarifies that the power may be used elsewhere than on the ship being boarded.
	To ensure that relevant officers can perform their powers under this Schedule, paragraph 7 allows them to take another person, or relevant equipment and materials, on board a ship. The assistant may perform functions on behalf of the relevant officer under their supervision.
	Paragraph 8 confirms that, where necessary, a relevant officer may use reasonable force to perform their functions set out in this Part of the Schedule.
	Under paragraph 9 a relevant officer must provide evidence of their authority to exercise the powers set out in this Schedule, if requested to do so.
	In order to carry out their functions, relevant officers require some protection from prosecution. Paragraph 10 protects officers from personal liability in any civil or criminal proceedings for anything done in performance of the functions in this Schedule, provided that a court is satisfied that they acted in good faith and had reasonable grounds for their actions.
	Paragraph 11 creates two offences where a person does not comply with the investigation. The first (sub-paragraph (1)) makes it an offence where a person intentionally obstructs an officer exercising the powers in this Schedule, or fails to comply with a requirement made by an officer, without reasonable excuse. The second (sub-paragraph (2)) makes it an offence where a person knowingly or recklessly provides false information, or intentionally fails to disclose anything material, where an officer requires information when exercising the powers within this Schedule. Sub-paragraph (3) provides officers with a power of arrest without warrant for either of these offences. Both of these offences are summary only and on conviction the defendant is liable to an unlimited fine or 6 months imprisonment or both (sub-paragraph (4)). Sub-paragraph (5) increases the maximum period of imprisonment to 51 weeks after the commencement of section 281(5) of the Criminal Justice Act 2003.