Railways and Transport Safety Act 2003

Enforcement

82Penalty

A person guilty of an offence under this Part shall be liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

(b)on summary conviction, to a fine not exceeding the statutory maximum.

83Specimens, &c.

(1)The provisions specified in the first column of the table below, with the modifications specified in the third column and any other necessary modifications, shall have effect in relation to an offence under this Part.

(2)The Secretary of State may by regulations amend the table in subsection (1) so as—

(a)to add a provision relating to an offence which concerns alcohol or drugs in relation to road traffic;

(b)to add, remove or amend a modification (whether or not in connection with an amendment of a provision specified in the table).

(3)For the purpose of the application by subsection (1) of a provision listed in the table in that subsection—

(a)the provision shall extend to the whole of the United Kingdom, and

(b)a reference to the provision shall be treated, unless the context otherwise requires, as including a reference to the provision as applied.

84Detention pending arrival of police

(1)A marine official may detain a ship if he reasonably suspects that a person who is or may be on board the ship—

(a)is committing an offence under section 78, 79 or 80, or

(b)has committed an offence under section 78, 79 or 80.

(2)The power of detention under subsection (1)—

(a)is conditional upon the marine official making a request, either before the detention or as soon as possible after its commencement, for a constable in uniform to attend, and

(b)lapses when a constable in uniform has decided whether or not to exercise a power by virtue of section 83 and has informed the marine official of his decision.

(3)In this section “marine official” means—

(a)a harbour master, or an assistant of a harbour master, appointed by a harbour authority,

(b)a person listed in section 284(1)(a) to (d) of the Merchant Shipping Act 1995 (c. 21)(detention of ship), and

(c)a person falling within a class designated by order of the Secretary of State.

(4)In construing section 284(1)(b) of the Merchant Shipping Act 1995 (detention by person authorised by Secretary of State) for the purpose of subsection (3)(b) above, the reference to authorisation to exercise powers under that section shall be taken as a reference—

(a)to general authorisation to exercise powers under that section, and

(b)to general or particular authorisation to exercise powers under this section.

85Arrest without warrant

(1)A constable may arrest a person without a warrant if the constable reasonably suspects that the person—

(a)is committing an offence under section 78(2), 79(2) or 80(2), or

(b)has committed one of those offences and is still under the influence of drink or drugs.

(2)But a person may not be arrested under this section while he is at a hospital as a patient.

(3)In subsection (2) “hospital” means an institution which—

(a)provides medical or surgical treatment for in-patients or out-patients, and

(b)is not on a ship.

(4)Arrest under this section shall be treated as arrest for an offence for the purposes of—

(a)Part IV of the Police and Criminal Evidence Act 1984 (c. 60) (detention), and

(b)Part V of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (detention).

86Right of entry

(1)A constable in uniform may board a ship if he reasonably suspects that he may wish to exercise a power by virtue of section 83 or under section 85 in respect of a person who is or may be on the ship.

(2)A constable in uniform may enter any place if he reasonably suspects that he may wish to exercise a power by virtue of section 83 or under section 85 in respect of a person who is or may be in that place.

(3)For the purposes of boarding a ship or entering a place under this section a constable—

(a)may use reasonable force;

(b)may be accompanied by one or more persons.