Part 3: Immigration Offences and Enforcement Immigration Offences and Penalties Section 45: Maritime Enforcement
Overview: This section and accompanying Schedule (Schedule 6) expand current maritime enforcement powers enabling maritime enforcement action to take place outside of UK waters in order to detect, prevent, investigate and prosecute the illegal entry of migrants as well as its facilitation. It includes powers to require migrant vessels to leave UK waters as well as powers intending to support the disembarkation of non-compliant passengers a non-UK Ports.
	Background: Over the past two years increasing numbers of migrants have been crossing the English Channel in small boats which are dangerously unsuitable for this purpose. At present, migrants crossing in this way are being intercepted by Border Force and then brought to the UK to have their asylum claims processed in accordance with the Immigration Act 1971 ("the 1971 Act").
	This route which is being exploited by criminal groups who are increasing the size of vessels used to facilitate illegal entry to the UK. This year a new unwanted record was broken when a vessel carrying 88 migrants arrived on the south coast.
	Persons operating in the maritime field currently have powers to effect maritime enforcement under the 1971 Act, the Modern Slavery Act 2015 and the Policing and Crime Act 2017. Under the Modern Slavery Act 2015, Customs Officers have maritime enforcement powers for the purpose of preventing, detecting or prosecuting an offence of slavery, servitude and forced or compulsory labour or human trafficking. Under the Policing and Crime Act 2017, Law Enforcement officers (which does not include Immigration Officers) also have powers to intercept vessels in UK seas and international waters for the purpose of preventing, detecting or prosecuting a criminal offence. However, these powers cannot be used by Immigration Officers for tackling immigration offences. Under the 1971 Act, Immigration Officers’ maritime enforcement powers focus on the detection, prevention, investigation and prosecution of facilitation offences (facilitating a breach of immigration law or facilitating the arrival or entry of asylum seekers) and can only be used for these purposes in UK waters
	At present, the enforcement powers which can be exercised by relevant officers do not extend to ships that are in foreign or international waters.
	This section supplements and expands the current maritime enforcement powers so that relevant persons may divert migrant vessels in international waters away from UK shores. It also provides the ability to take control of the vessel and those on board and return them to a safe country, such as the country from which they embarked or to another location where they have been accepted in order to ensure the relevant offences are prevented and/or detected.
	By expanding these powers, the Home Office aims to reduce the number of migrants attempting the crossing and preserve life, secure the UK’s borders, and dismantle the serious organised crime gangs who are abusing this route.
	Additionally, Border Force Immigration Officers currently have limited powers to seize vessels used in the commission of immigration offences and to dispose of such seizures. This section refines these measures to enable a more flexible and efficient approach to disposal of vessels seized in the exercise of these powers. This section therefore also aims to refine powers in this area.