Search and Surveillance Bill

252 Amendments to Maritime Security Act 2004

• (1) This section amends the Maritime Security Act 2004.

  (2) Section 51(4) is amended by omitting “A judicial officer who, on written application made on oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application made in the manner provided in subpart 2 of Part 4 of that Act”.

  (3) Section 51 is amended by inserting the following subsection after subsection (6):

  • “(6A) Subject to subsections (5) and (6), the provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of a warrant issued under subsection (4).”

  (3) Section 51 is amended by inserting the following subsections after subsection (6):

  • “(6A) Subject to subsections (5), (6), and (6B), the provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of a warrant issued under subsection (4).

  • “(6B) Despite subsection (6A), sections 114 and 115 of the Search and Surveillance Act 2009 apply only in respect of a constable.”

  (4) Section 51 is amended by repealing subsection (12).

  (5) Section 55(1) is amended by omitting paragraph (b) and substituting the following paragraph:

  • “(b) the constable has reasonable grounds to suspect that—

    • “(i) an offence against this Act has been, is being, or will be committed, whether by that person or any other person; and

    • “(ii) a search of the person refusing to consent will disclose evidential material relating to that offence.”