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Radman

Extension of Port Constables Powers - Marine Navigation Act 2013

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Extension of Port Constables Powers

Port constables: extension of jurisdiction in England and Wales

(1)A port constable may, for policing purposes connected with the port constable’s police area, act outside that area.
(2)A port constable may act under subsection (1) only with the consent of the chief officer of police for the police area in which the port constable is acting.
(3)Consent—
(a)may be given in relation to a particular port constable or any description of port constables;
(b)may be given generally for all policing purposes connected with the port constable’s police area or may be limited (whether as to particular purposes, particular occasions or in any other way);
©may be given subject to conditions.
(4)When acting under subsection (1) a port constable has all the powers and privileges of a constable.
(5)“Port constable” means—
(a)a person appointed by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847,
(b)a person appointed under provision made by virtue of paragraph 8 of Schedule 2 to the Harbours Act 1964, or
©a person appointed under section 154 of the Port of London Act 1968 (c. xxxii).
(6)A port constable’s police area is the area in which the port constable has jurisdiction to act, ignoring—
(a)subsection (1), and
(b)any provision, made by or under an enactment, under which the port constable has jurisdiction to act in an area for limited purposes only.
(7)“Policing purposes connected with the port constable’s police area” means any of the following—
(a)the prevention of the commission of offences in the port constable’s police area;
(b)the detection or investigation of offences committed in the port constable’s police area;
©the apprehension or prosecution of offenders in respect of offences committed in the port constable’s police area;
(d)the preservation of the peace in the port constable’s police area;
(e)the apprehension of offenders within the port constable’s police area in respect of offences committed outside that area and the transport of them to police stations outside that area;
(f)the regulation of traffic in the port constable’s police area.
(8)Nothing in this section limits the circumstances in which a port constable may act apart from this section.

This one nearly slipped under the radar, looks like Ports Police are going to gain extension to their jurisdictions under the Marine Navigation Act 2013 - seems like a very interesting proposal and about time to.

I find it strange that Port cops weren't able to investigate crime connected with the ports outside of their natural jurisdiction though.

Link

Edited by Radman

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Some were permitted to have extended powers when on investigations linked to the port, but seems PoDP didnt who are the I believe the ones that caused this due to this news article

http://www.doverpeople.co.uk/Shut-cells-problem-port-police/story-19133828-detail/story.html

I thought some did, a CID Officer at my station did some joint work with Liverpool Ports Police years ago.

Still seems like a fairly sensible piece of legislation to be enacted.

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It goes in both directions, conversely HO constables have very little power on the water. Harbourmasters for instance have siginficantly more power when it comes to stopping and inspecting vessels that police don't.

It's why for a short period some of us were (sworn, although I don't remember and oath?) authorised as harbourmasters during the Olympics.

Edited by TroyTempest

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I did as well but it appears PoDP didnt and as they are the busiest non HO force after BTP it would make sense for them to have an extension of powers

They lock up more in a month then we usually do at my station.

Looks like they'll be taking more investigations on now they can go out and arrest folks away from the docks in relation to crimes that have been committed - Kent Police must be happy to let them crack on with their own investigations/jobs.

Edited by Radman

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They lock up more in a month then we usually do at my station.

Looks like they'll be taking more investigations on now they can go out and arrest folks away from the docks in relation to crimes that have been committed - Kent Police must be happy to let them crack on with their own investigations/jobs.

I think they could, the issue was they didnt have powers beyond the mile limit so when transporting a DP they couldnt go beyond the mile of the area

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Yeah, they had to get Special Branch to convey from port > custody. Was a bit silly really

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It goes in both directions, conversely HO constables have very little power on the water. Harbourmasters for instance have siginficantly more power when it comes to stopping and inspecting vessels that police don't.

It's why for a short period some of us were (sworn, although I don't remember and oath?) authorised as harbourmasters during the Olympics.

Will be interesting to see how this will affect our Dorset SC will will be routinely operating on harbourmaster craft.

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How come they didnt swear them all in as Special Constables, this would have solved the problem as when "off duty" as a special they still have police powers so "off duty" when "on duty" as PoDP would mean they still had the powers of an SC and therefore were not acting illegally?

Or am I confused?

On another note are ports police such as PoDP permitted to have Specials?

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How come they didnt swear them all in as Special Constables, this would have solved the problem as when "off duty" as a special they still have police powers so "off duty" when "on duty" as PoDP would mean they still had the powers of an SC and therefore were not acting illegally?

Or am I confused?

On another note are ports police such as PoDP permitted to have Specials?

Is there not an actual legal restriction in law to swearing none Home Office Constables in as Special Constables with 'territorial' forces?

I figured thats why it was never done.

Still I reckon PoDP are welcoming the changes with open arms, they seem like a very productive and effective police force - it's a shame we dont have any PoDP Cops on here.

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I didnt know there was a restriction in law, got a link?

No - I dont have a link to the legislation, more of a guess on my part as Port Constables are listed as 'Restricted Occupations' for SC's.

Link

Look at bottom of page 7.

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Its about time all non-HO constables were given spontaneous power to act outside their primary jurisdiction when they feel it is necessary.

What would happen if a member of the public flagged down a ports police vehicle to report an on-going serious assault or a robbery where the suspect was making off and there was a chance of nicking him.

I know they could technically act as members of the public but that leaves all kinds of issues wide open (search upon arrest etc)

Lets just give all constables the powers of a constable!

Edited by SCtechy
  • Like 1

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I agree with the above, there should be provisions in place for ports police to act upon spontaneous situations.

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