Police powers Police powers: maritime enforcement
Currently, section 30 of the 1996 Act limits police jurisdiction to UK territorial waters, which extends to 12 nautical miles from the UK shore. This can hamper the effective disruption of criminal activity in the maritime context where court jurisdiction applies, as our law enforcement agencies are not always able to act when a crime has taken place on ships around the UK or on the high seas.
	There are limited maritime enforcement powers in section 20 of and Schedule 3 to the Criminal Justice (International Co-operation) Act 1990 ("the 1990 Act") and in Part 3 of the Modern Slavery Act 2015 ("the 2015 Act").
	The enforcement powers in the 1990 Act are limited to tackling drug trafficking offences on British ships and the importation or exportation of controlled drugs on British ships, vessels of states party to the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances ("the Vienna Convention") and stateless vessels. The powers are only exercisable in respect of a vessel registered in a state party to the Vienna Convention, or within the territorial waters of another state in respect of any vessel, with the permission of the relevant state(s). For the purpose of detecting and enforcing such offences, the 1990 Act confers powers on constables, customs officials and other specified enforcement officers (and persons assisting them) to: stop, board, divert and detain ships; search ships and require anyone on board to provide information; arrest persons and seize and detain anything found on the ship which may be evidence of a relevant offence; and use reasonable force to perform such functions.
	Part 3 of the 2015 Act conferred similar enforcement powers on the police, designated NCA officers, customs officials and members of Her Majesty’s Armed Forces for the purpose of tackling offences in respect of human trafficking, slavery, servitude, and forced or compulsory labour. Under the 2015 Act the powers are exercisable in relation to:
	a United Kingdom ship in UK waters, foreign waters or international waters;
	a stateless ship in UK waters or international waters;
	a foreign ship in UK waters, or
	a ship, registered in the Channel Islands, Isle of Man or British overseas territory, in UK waters.
	Part 3A of, and Schedule 4A to, the Immigration Act 1971 confer maritime enforcement powers on immigration officers, those powers will also be exercisable by police officers and certain members of the Armed Services. The maritime powers in the Immigration Act 1971 are limited to the enforcement of three immigration offences in UK territorial waters, namely the offences of assisting unlawful immigration, assisting an asylum‐seeker to arrive in the UK and assisting entry to the UK in breach of a deportation or exclusion order.
	Given that each of these provisions is directed at the enforcement of specific offences, there remains a gap in the ability of the police and other law enforcement agencies to investigate other criminal offences on ships in UK territorial waters, in international waters and in the territorial waters of other states. Chapters 5, 6 and 7 of Part 4 will ensure that law enforcement agencies are capable of operating effectively in a maritime context when investigating any offence triable in England and Wales, Scotland or Northern Ireland.
	In respect of England, Wales and Scotland, the enforcement powers will apply on:
	UK ships anywhere in international waters, in the territorial waters of another state (with permission from the relevant state), and in England and Wales and Scotland waters;
	stateless vessels in England and Wales and Scotland waters and international waters;
	foreign vessels in England and Wales and Scotland waters and international waters subject to the same authorisation requirements as in section 35(5) and (6) of the 2015 Act; and
	ships registered in the Isle of Man, any of the Channel Islands or a British overseas territory in England and Wales and Scotland waters and international waters subject to the same authorisation requirements as in section 35(5) and (6) of the 2015 Act.
	In respect of Northern Ireland, the enforcement provisions will apply on:
	UK ships in Northern Ireland waters;
	stateless vessels in Northern Ireland waters;
	foreign vessels in Northern Ireland waters subject to the same authorisation requirements as in section 35(5) and (6) of the 2015 Act; and
	ships registered in the Isle of Man, any of the Channel Islands or a British overseas territory in Northern Ireland waters subject to the same authorisation requirements as in section 35(5) and (6) of the 2015 Act.
	Enforcement powers in England and Wales and Scotland will be exercisable in the territorial waters of the other jurisdiction when a ship is pursued there ("hot pursuit"). Ships may not be pursued into Northern Ireland waters from England and Wales or Scottish waters. The Northern Ireland provisions do not allow for the hot pursuit of a vessel outside of Northern Ireland waters.