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Chapter 14 Jurisdiction

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Chapter 14 Jurisdiction BOOK OF REGULATIONS CHAPTER 14 JURISDICTION CHAPTER 14 - SPECIALITIES OF JURISDICTION, MUTUAL LEGAL ASSISTANCE AND EXTRADITION JURISDICTION: GENERAL Section 1(7) of the 1964 Act provides a power to designate by Order in Council For a more detailed discussion of this topic, areas within which the United Kingdom see Chapter 1 of Renton and Brown's may exercise rights with respect to the sea Criminal Procedure. bed and sub-soil and their natural resources. As a general rule Procurators Fiscal deal only with offences committed at a place The Criminal Jurisdiction (Offshore which lies within the jurisdiction of their Activities) Order 1987 replaces provisions Sheriff and District courts. Offences previously contained in Sections 3(1) and committed in Scotland but outwith their 11(3) of the Continental Shelf Act 1964 and jurisdiction may be prosecuted by them extends them to territorial waters. The when the accused has also committed Order provides that any act or omission offences within their jurisdiction, but only if which takes place on, under or above an both types of offence are dealt with on the installation in the territorial waters of the same complaint or indictment. United Kingdom and waters in any area for the time being designated under Section The general rules are contained in Sections 1(7) of the 1964 Act, or in any waters within 8, 9 and 10 of the Criminal Procedure 500 meters of any such installation, and (Scotland) Act 1995. Examples of which would if taking place in any part of extraterritorial exceptions to the general the United Kingdom constitute an offence rule are dealt with in this chapter but this under the law in force in that part, shall be should not be considered a comprehensive treated for the purposes of that law as list of all those statutes which confer extra- taking place in that part. The Order further territorial jurisdiction and reference should provides that a constable shall have on, be made in every case to the terms of the under or above or within 500 meters of any particular statute. such installation all the powers, protection and privileges which he has in the area for OFFENCES AT SEA which he acts as constable. 14.02 CONTINENTAL SHELF AND The similar provisions of the repealed UNITED KINGDOM TERRITORIAL Section 3 of the 1964 Act had been WATERS previously interpreted as extending only the common law to such installations and the The main legislation conferring extra- waters within 500 meters of them. If territorial jurisdiction in these areas consists followed, this would mean that any of The Continental Shelf Act 1964, the Oil statutory offence would only be included if and Gas (Enterprise) Act 1982, the the Act creating it specifically stated that it Territorial Sea Act 1987 together with extended to these areas. This view is not, various Orders made under these Acts however, conclusive. Any report against a (e.g. Criminal Jurisdiction (Offshore person alleging the commission of a Activities) Continental Shelf (Designation of statutory offence in territorial waters or a Areas) Order (S1 1993/599) and the No 2 designated area must, if the statute is silent Order (S1 1993/1782) etc). on the extension of jurisdiction, be referred to Crown Counsel for instruction. August 1998 1 BOOK OF REGULATIONS CHAPTER 14 JURISDICTION Examples of other statutes which have any place in the United Kingdom. extended jurisdiction include the Health and Safety at Work etc Act 1974 which has 14.05 PROTECTION OF WRECKS ACT been extended to territorial waters and 1973 designated areas (S1 1989/840) and the Mineral Workings (Offshore Installations) Section 1 of the Act provides that the Act 1971, The Offshore Petroleum Secretary of State may designate an area Development (Scotland) Act 1975 and the around the site of a wrecked vessel as a Petroleum and Submarine Pipeline Act restricted area. The Act applies to wrecks 1975 all of which extend to designated within United Kingdom waters which are areas. defined in Section 3(1) of the Act as being any part of the sea within the Seaward 14.03 MERCHANT SHIPPING ACT 1995 Limits of United Kingdom territorial waters and includes any part of a river within the Section 281 of the Merchant Shipping Act ebb and flow of ordinary spring tides. 1995 extends the criminal jurisdiction of Section 3(4) of the Act provides that Scottish Courts in respect of offences proceedings for an offence may be taken under the Act to United Kingdom ships on and the offence may for all incidental the high seas; and, where the accused is a purposes be treated as having been British citizen, to United Kingdom ships in committed at any place in the United foreign ports. It also extends the criminal Kingdom where the person accused is for jurisdiction where a British citizen has the time being. committed an offence on board a foreign ship to which he does not belong. 14.06 FATAL ACCIDENTS AND SUDDEN DEATHS INQUIRY Section 279 of the 1995 Act also provides (SCOTLAND) ACT 1976 for the purpose of conferring jurisdiction under the Act that the offence is deemed to Section 9 provides that for the purposes of have been committed in any place in the the Act a death or any accident from which United Kingdom where the offender may death has resulted which has occurred - for the time being be. (a) in connection with the exploration of 14.04 PREVENTION OF OIL POLLUTION the sea bed or subsoil or the ACT 1971 exploitation of their natural resources; and Section 19(5) provides that proceedings (b) in that area or any part of that area under the Act (except for an offence under in respect of which it is provided by Section 3) may be taken against a person Order in Council under Section at any place at which he is for the time 23(1) of the Oil and Gas being. This provision is useful for the (Enterprise) Act 1982 (or under the prosecution of the masters of foreign now repealed Section 3 of the vessels but it is in general preferable to Continental Shelf Act 1964) that prosecute in the court having geographical questions arising out of acts or jurisdiction over the waters in which the omissions taking place therein shall pollution occurred. Section 19(7) provides be determined in accordance with that in relation to offences under Section 3 the law enforced in Scotland shall of the Act proceedings may be taken, and be taken to have occurred in the offence may for all incidental purposes Scotland. be treated as having been committed in 2 August 1998 BOOK OF REGULATIONS CHAPTER 14 JURISDICTION The effect of various Orders in Council any part of the United Kingdom. The deep made under the 1964 and 1982 Acts (see sea bed is defined as being that part of the S1 1980/184 onwards) is to provide bed of the high seas in respect of which jurisdiction under the Act in an area sovereign rights in relation to the natural approximately bounded on the south resources of the sea bed are neither latitude 55° 50' N (known as "The Scottish exercisable by the United Kingdom nor Area"). If there is any doubt as to whether recognised as being exercisable by another jurisdiction is Scottish or English the matter country. Section 14 provides that must be referred immediately to Crown proceedings for an offence under the Act Office. may be taken, and the offence may for incidental purposes be treated as having The Procurator Fiscal responsible for been committed, in any place in the United investigation of a death covered by Section Kingdom. 9 of the Act will be the Procurator Fiscal in whose district is situated the port of 14.09 FOOD AND ENVIRONMENT operation most closely connected with the PROTECTION ACT 1985 death thus following as closely as possible the general rule as to jurisdiction provided Inter alia this Act deals with offences for in Section 1 of the Act. involving unlicensed dumping at sea. Section 21(8) of the Act provides that 14.07 FISHERY LIMITS ACT 1976 proceedings for any offence under the Act (which includes offences committed both Section 1(1) of the Act extends British within and outwith United Kingdom waters) fishery limits to 200 miles from the base may be taken and the offence may for all line from which the breadth of the territorial incidental purposes be treated as having sea adjacent to the United Kingdom, the been committed in any place in the United Channel Islands and the Isle of Man is Kingdom. measured. (Section 30 of the Fisheries Act 1981 provides for the enforcement of 14.10 CRIMINAL JUSTICE Community Rules within British fishery (INTERNATIONAL CO-OPERATION) ACT limits). Jurisdiction is conferred by Section 1990 14 of the Sea Fisheries Act 1968 which provides that proceedings may be taken Part II of this Act deals with international and the offence may for all incidental drug trafficking offences. Section 18 purposes be treated as having been provides that anything which would committed in any place in the United constitute a drug trafficking offence if done Kingdom. The appropriate jurisdiction will on land in any part of the United Kingdom be that of the sheriff within whose shall constitute that offence if done on a sheriffdom is situated the harbour to which British ship. an arrested fishing boat is brought. Section 19 applies to a British ship, a ship 14.08 DEEP SEA MINING (TEMPORARY registered in a state which is a party to the PROVISIONS) ACT 1981 Vienna Convention and to a ship not registered in any country.
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