Criminal Justice (Smuggling of Persons) Act 2021
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Enforcement powers in respect of ships | ||
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14. (1) An enforcement officer may, in relation to a ship to which section 12 (2) applies, and subject to that section, do any of the following: | ||
(a) stop the ship; | ||
(b) board the ship; | ||
(c) if he or she considers it necessary for the performance of his or her functions under this Act, do either or both of the following: | ||
(i) require the ship to be taken to a port in the State; | ||
(ii) detain the ship at a port in the State; | ||
(d) search without a warrant the ship and anything on it, including its cargo; | ||
(e) require any person on the ship to give information concerning himself or herself, any other person on the ship, the ship or anything on the ship; | ||
(f) without prejudice to the generality of the powers conferred by paragraphs (d) and (e)— | ||
(i) open any container, | ||
(ii) carry out tests and take samples of anything on the ship, | ||
(iii) require the production of any document, book or record relating to the ship or anything or any person on it, and | ||
(iv) take photographs or make copies of anything the production of which he or she has the power to require; | ||
and | ||
(g) search without a warrant any person who the enforcement officer has reasonable grounds to suspect has committed an offence under section 6 or 7. | ||
(2) If an enforcement officer has reasonable grounds to suspect that an offence under section 6 or 7 has been committed on the ship concerned, he or she may— | ||
(a) arrest without warrant any person whom he or she has reasonable grounds for suspecting to be guilty of the offence, and | ||
(b) seize and retain anything found on the ship which appears to him or her to be evidence of the offence, and section 9 of the Criminal Law Act 1976 shall apply in relation to anything seized and retained under this paragraph. | ||
(3) An enforcement officer shall, if required, produce evidence of his or her authority. | ||
(4) In the performance of his or her functions under this Act, an enforcement officer may— | ||
(a) use reasonable force, if necessary, | ||
(b) require the master or any member of the crew of the ship concerned to take such action as may be necessary to assist the enforcement officer, | ||
(c) take with him or her, and use, any equipment or materials that he or she considers necessary, and | ||
(d) be accompanied by any other person with a specialised or technical knowledge or skill who the enforcement officer considers may be of assistance to him or her in the performance of those functions. | ||
(5) A person referred to in paragraph (d) of subsection (4) shall, for the purpose of providing the assistance referred to in that paragraph, have and be conferred with the powers and duties of the enforcement officer concerned, other than the power of arrest under subsection (2)(a). | ||
(6) Where an enforcement officer detains a ship under subsection (1)(c)(ii)— | ||
(a) he or she shall give a notice, signed by him or her, to the master of the ship stating that the ship is detained and informing the master of the effect of this subsection, and | ||
(b) an enforcement officer, where he or she is satisfied that the detention of the ship is no longer necessary for the performance by an enforcement officer of his or her functions under this Act, shall, without delay, give the master of the ship a notice in writing withdrawing the notice given under paragraph (a). | ||
(7) Where a person on board a ship has been arrested under subsection (2)(a)— | ||
(a) the enforcement officer (where that officer is not a member of the Garda Síochána) shall, as soon as practicable, deliver that person into the custody of a member of the Garda Síochána to be dealt with in accordance with law, and | ||
(b) the person shall, as soon as practicable, be taken to a Garda Síochána station, and may be detained there under section 4 of the Criminal Justice Act 1984 for such period as is authorised by that section, as if the time of his or her arrival at the Garda Síochána station were the time of his or her arrest. | ||
(8) A person who— | ||
(a) intentionally obstructs an enforcement officer, or a person referred to in subsection (4)(d), in the performance of any of his or her functions under this Act, | ||
(b) fails without reasonable excuse to comply with a requirement made by an enforcement officer, or a person referred to in subsection (4)(d), in the performance of those functions, or | ||
(c) in purporting to give information required by an enforcement officer, or a person referred to in subsection (4)(d), for the performance of those functions— | ||
(i) makes a statement which he or she knows to be false in a material particular or recklessly makes a statement which is false in a material particular, or | ||
(ii) intentionally fails to disclose any material particular, | ||
is guilty of an offence. | ||
(9) Where an enforcement officer is exercising powers pursuant to subsection (3)(a) or (4)(a) of section 12 , in accordance with that section— | ||
(a) the enforcement officer may require the ship to be taken to a port in the state concerned or, if that state has so requested, in any other state or territory willing to receive it, and | ||
(b) the enforcement officer may, having regard to the law applicable at the place to which the ship is brought, make arrangements in accordance with that law for, as the case may be, the arrest or detention of a person, or the transfer to the custody of a police officer or such other authority as may be specified in that law or to a judicial authority of the person arrested. | ||
(10) A person acting for or on behalf of a Protocol State shall not be liable in any criminal proceedings in the State for anything done in the purported exercise of powers in relation to an Irish ship on the authority of the Minister for Foreign Affairs under section 13 . | ||
(11) Any person who, in relation to a person referred to in subsection (10), does any of the things referred to in paragraph (a) , (b) or (c) of subsection (8), is guilty of an offence. | ||
(12) A person who, outside the State, engages in any conduct in relation to— | ||
(a) an enforcement officer, | ||
(b) a person referred to in subsection (4)(d), or | ||
(c) a person referred to in subsection (10), | ||
that, if the conduct occurred in the State, would constitute an offence, is guilty of an offence. | ||
(13) An enforcement officer or a person referred to in subsection (4)(d) shall not be liable in any civil or criminal proceedings for anything done in the purported performance of his or her functions under this Act if the court before which the proceedings are being heard is satisfied that the act was done in good faith and that there were reasonable grounds for doing it. | ||
(14) A person guilty of an offence under subsection (8)(c) shall be liable— | ||
(a) on summary conviction, to a class C fine or to imprisonment for a term not exceeding 12 months or both, or | ||
(b) on conviction on indictment, to a class A fine or to imprisonment for a term not exceeding 2 years or both. | ||
(15) A person guilty of an offence under this section, other than subsection (8)(c), shall be liable— | ||
(a) on summary conviction, to a class C fine or to imprisonment for a term not exceeding 12 months or both, or | ||
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or both. | ||
(16) A statement made by a person, pursuant to a requirement by an enforcement officer or a person referred to in subsection (4)(d) in the performance of any of his or her functions under this Act, shall not be admissible as evidence in proceedings brought against the person for an offence (other than an offence under subsection (8) (c) ). |