Commentary on Sections Part 3: Maritime Enforcement Section 38: Hot pursuit of ships in United Kingdom waters
177.Section 38 sets out powers of hot pursuit, where law enforcement seek to pursue a suspected vessel between waters adjacent to different jurisdictions within the UK or between UK and international waters.
178.Subsection (1) provides that an English and Welsh constable or an enforcement officer may exercise the powers set out in Part 1 of Schedule 2 in relation to a ship in Scotland waters or in Northern Ireland waters if the ship is pursued there from relevant waters, and the condition in subsection (10) is met (that before the pursuit of the ship, a signal is given for it to stop, and the pursuit of the ship is not interrupted).
179.Subsection (2) sets out that powers in subsection (1) can only be exercised in relation to a ship for the purposes provided in subsection (2)(a) of section 35 (Enforcement powers in relation to ships: England and Wales), and, if the ship is a foreign ship or registered under the law of a relevant territory, in accordance with subsections (5) to (7) of that section.
180.Subsection (3) sets out that for the purpose of subsection (1) relevant waters means England and Wales waters or international waters (in the case of a United Kingdom ship or a ship without nationality) or England and Wales waters (in the case of a foreign ship or a ship registered under the law of a relevant territory).
181.Subsection (4) provides that a Scottish constable or an enforcement officer may exercise the powers set out in Part 2 of Schedule 2 in relation to a ship in England and Wales waters or in Northern Ireland waters if the ship is pursued there from relevant waters, and the condition in subsection (10) is met (that before the pursuit of the ship, a signal is given for it to stop, and the pursuit of the ship is not interrupted).
182.Subsection (5) sets out that powers in subsection (4) can only be exercised in relation to a ship for the purposes provided in subsection (2)(a) of section 36 (Enforcement powers in relation to ships: Scotland), and, if the ship is a foreign ship or registered under the law of a relevant territory, in accordance with subsections (5) to (7) of that section.
183.Subsection (6) sets out that for the purpose of subsection (4)(b) relevant waters means Scotland waters or international waters (in the case of a United Kingdom ship or a ship without nationality) or Scotland waters (in the case of a foreign ship or a ship registered under the law of a relevant territory).
184.Subsection (7) provides that a Northern Ireland constable or an enforcement officer may exercise the powers set out in Part 3 of Schedule 2 in relation to a ship in England and Wales waters or in Scottish waters if the ship is pursued there from relevant waters, and the condition in subsection (10) is met (that before the pursuit of the ship, a signal is given for it to stop, and the pursuit of the ship is not interrupted).
185.Subsection (8) sets out that powers in subsection (7) can only be exercised in relation to a ship for the purposes provided in subsection (2)(a) of section 37 (Enforcement powers in relation to ships: Northern Ireland), and, if the ship is a foreign ship or registered under the law of a relevant territory, in accordance with subsections (6) to (8) of that section.
186.Subsection (9) sets out that for the purpose of subsection (7)(b) relevant waters means Northern Ireland waters or international waters (in the case of a United Kingdom ship or a ship without nationality) or Northern Ireland waters (in the case of a foreign ship or a ship registered under the law of a relevant territory).
187.Subsection (10) provides that for pursuit to meet the conditions of this section, before the pursuit of the ship, a signal must be given for it to stop, and the pursuit of the ship must not be interrupted.
188.Subsection (11) provides that the signal referred to in subsection (10)(a) must be given in such a way as to be audible or visible from the ship in question
189.Subsection (12) provides that, for the purposes of subsection (10)(b), pursuit is not considered interrupted simply because the method of carrying out the pursuit, or the identity of the ship or aircraft carrying out the pursuit, changes during the course of the pursuit.
190.Subsection (13) confirms that nothing in this Part affects any right of hot pursuit that a constable or an enforcement officer may have under international law.