FALKLAND ISLANDS _____________ Crimes Ordinance 2014 (No: 13 of 2014) ARRANGEMENT OF PROVISIONS CHAPTER 1 – PRELIMINARY PART 1 – PRELIMINARY AND INTERPRETATION Section 1. Title and commencement 2. Interpretation PART 2 – GENERAL PRINCIPLES Criminal liability 3. Age of criminal responsibility 4. Inferences as to intent 5. Automatism Offences committed outside the Falkland Islands 6. Offences committed partly outside the Falkland Islands 7. Offences to which sections 8 to 13 apply 8. Jurisdiction in respect of Group A offences 9. Questions immaterial to jurisdiction in the case of certain offences 10. Rules relating to the location of events 11. Conspiracy and encouraging 12. Extended jurisdiction in relation to certain attempts 13. Relevance of external law Alternative verdicts 14. Conviction of offence other than that charged 1 15. Person tried for offence may be convicted of ancillary offence Miscellaneous 16. Proceedings by and against spouses 17. Application of Ordinance to corporations 18. No requirement for corroboration PART 3 – ANCILLARY OFFENCES Attempts 19. Attempts generally 20. Application of procedural and other provisions to offences of attempt 21. Procedural rules 22. Effect of sections 19 to 21 on common law Conspiracy 23. Conspiracy 24. Conspiracy to commit offences outside the Falkland Islands 25. Exemptions from liability 26. Penalties 27. Restrictions on the commencement of proceedings 28. Conspiracy under other enactments 29. Effect of acquittal of other defendant 30. Abolitions, savings, transitional provisions Encouragement of offences 31. Offence of encouragement 32. Proving an offence under section 31 33. Supplemental provisions 34. Defences 35. Jurisdiction 36. Extended jurisdiction in certain cases 37. Commencement of proceedings, etc. for an offence 38. Persons who may be convicted 39. Alternative verdicts and guilty pleas 40. Penalties 41. Abolition of common law offence of incitement Accessories 42. Aiding and abetting 43. Assisting offenders 44. Concealing offences and false information Miscellaneous 45. Consequences of conviction for ancillary offence CHAPTER 2 – CRIMES AGAINST THE INDIVIDUAL 2 PART 4 – OFFENCES AGAINST THE PERSON Causing and threatening death 46. Murder 47. Abolition of constructive malice 48. Diminished responsibility 49. Loss of self-control 50. Manslaughter 51. Murder or manslaughter outside the Falkland Islands 52. Soliciting murder 53. Threats to kill 54. Suicide pacts 55. Complicity in suicide 56. Infanticide 57. Child destruction Termination of pregnancy 58. Administering drugs or using instruments to procure abortion 59. Supplying drugs, etc. to procure abortion 60. Medical termination of pregnancy 61. Conscientious objection to participation in treatment Concealing the birth of a child 62. Concealing the birth of a child Endangering life 63. Impeding rescue from shipwreck 64. Wounding, etc. with intent to do grievous bodily harm 65. Malicious wounding 66. Attempting to choke, etc. with intent to facilitate a serious offence 67. Using drugs to facilitate a serious offence 68. Administering poison 69. Setting spring guns, etc. Assaults 70. Common assault 70A. Reasonable punishment 71. Assault occasioning actual bodily harm 72. Assaulting police officer 73. Assault to prevent arrest 74. Assaulting persons when preserving wrecks 75. Obstructing or assaulting clergyman 76. Certificate of dismissal 3 Endangering the life of a child or vulnerable adult 77. Causing or allowing the death of or harm to a child or vulnerable adult 78. Inferences in murder and manslaughter cases 79. Inferences in cases of serious physical harm 80. Abandoning young child 81. Being drunk while in charge of a child 82. Cruelty to or neglect of person under 16 83. Illegal tattooing of youths Child abduction, etc. 84. Offence of abduction of child by parent, etc. 85. Offence of abduction of child by other persons 86. Child abduction: Supplementary 87. Trafficking people for labour exploitation Female genital mutilation 88. Offence of female genital mutilation 89. Female genital mutilation: Related offences Forced marriages: Offence 90. Offence of forced marriage 91. Lack of capacity Forced marriages: Protection orders 92. Forced marriage protection orders 93. Contents of orders 94. Applications and other occasions for making orders 95. Orders without notice 96. Undertakings instead of orders 97. Duration and variation or discharge of orders 98. Attachment of power of arrest to orders 99. Exercise of power of arrest 100. Remand 101. Forced marriage protection orders: Supplementary Domestic violence protection 102. Power to issue a domestic violence protection notice 103. Contents and service of a DVPN 104. Breach of a DVPN 105. Application for a domestic violence protection order 106. Conditions for and contents of a DVPO 107. Breach of a DVPO 107A. Offence of breaching non-molestation order 108. Guidance 4 Human organ transplants 109. Prohibition of commercial dealings in human organs 110. Restriction on transplants between persons not genetically related 111. Human organ transplants: Supplementary Crimes against humanity 112. Genocide, crimes against humanity and war crimes 113. Genocide, etc.: Supplementary provisions Miscellaneous offences 114. Piracy endangering life 115. Kidnapping and false imprisonment 116. Torture 117. Slavery, servitude and forced or compulsory labour 118. Bigamy Use of force 119. Use of force in making arrest, etc. 120. Self-defence PART 5 – CORPORATE MANSLAUGHTER Preliminary 121. Interpretation of Part 122. Corporate manslaughter Relevant duty of care 123. Meaning of “relevant duty of care” 124. Public policy decisions, exclusively public functions and statutory inspections 125. Military activities 126. Policing and law enforcement 127. Emergencies 128. Child protection and probation functions 129. Gross breach: Factors Application to particular categories of organisation 130. Application to public bodies 131. Application to police force 132. Application to partnerships Enforcement and procedure 133. Power to order breach, etc. to be remedied 134. Power to order conviction, etc. to be publicised 135. Procedure, evidence and sentencing 136. Convictions under this Part and under health and safety legislation 5 Miscellaneous 137. Transfer of functions 138. Abolition of liability of corporations for manslaughter at common law 139. Power to extend section 122 to other organisations 140. Power to extend section 123(2) PART 6 - PROTECTION FROM HARASSMENT 141. Interpretation of Part Harassment and stalking 142. Prohibition of harassment 143. Offence of harassment 144. Offence of stalking 145. Putting people in fear of violence 146. Stalking involving fear of violence or serious alarm or distress 147. Harassment outside a house Ancillary provisions 148. Civil remedy for breach of section 142(1) 149. Injunction for breach of section 142(2) 150. Power of entry in relation to offence of stalking 151. Restraining orders on conviction 152. Restraining orders on acquittal Sending letters, etc. with intent to cause distress 153. Offence of sending letters etc. with intent to cause distress or anxiety. Improper use of public electronic communications network 154. Offence of improper use of public electronic communications network PART 7 - OFFENSIVE WEAPONS 155. Interpretation of Part Knives, etc. 156. Unlawful marketing of knives 157. Publications 158. Exempt trades 159. Other defences 160. Manufacture and sale of flick knives, etc. 161. Sale of knives, and certain articles with a blade or point to person under 18 162. Entry, seizure and retention 163. Forfeiture of knives and publications 164. Effect of a forfeiture order 6 Crossbows 165. Sale, etc., of crossbows to young persons 166. Possession of crossbow by person under the age of 17 167. Prohibited use of crossbows 168. Forfeiture of crossbows Offensive weapons generally 169. Having an article with blade or point in a public place 170. Having an offensive weapon, etc. on school premises 171. Threatening with offensive weapon, etc. on school premises 172. Entry and search of school premises for offensive weapons, etc. 173. Carrying offensive weapon 174. Dealing in offensive weapons 175. Authorisation in anticipation of violence in an area 176. Powers to search for and seize offensive weapons in an area PART 8 – EXPLOSIVE SUBSTANCES 177. Interpretation of Part Explosive substances offences 178. Causing grievous harm by explosion 179. Causing explosion, etc. with intent 180. Causing explosion likely to endanger life or property 181. Acting or conspiring to cause explosion, or making or keeping explosives with intent 182. Placing explosives with intent 183. Making explosives for an unlawful object 184. Possession of explosives with intent 185. Ancillary offences 186. Explosives found on vessels Offences relating to public safety 187. Offences related to minefields 188. Possession of unexploded ordinance 189. Sale of explosives 190. Casting fireworks, etc. Miscellaneous provisions 191. Procedure and saving 192. Seizure and detention of explosive liable to forfeiture 193. Forfeiture of subject-matter of offence PART 9 – CRIMINAL DAMAGE 194. Meaning of “property” 195. Destroying or damaging property 196. Arson 197. Threats to destroy or damage property 7 198. Possessing anything with intent to destroy or damage property 199. Lawful excuse 200. Search for things intended for use in committing offences of criminal damage 201. Evidence in connection with offences under this Part PART 10 – SEXUAL OFFENCES 202. Interpretation of Part Rape