Aviation and Maritime Security Act 1990

Section 53(1).

SCHEDULE 3 Minor and Consequential Amendments

The Visiting Forces Act 1952 (c. 67)

1 (1) Section 3 of the Visiting Forces Act 1952 (restriction, as respects certain offences, of trial by United Kingdom courts of offenders connected with visiting force) is amended as follows.

(2) In subsection (1) after paragraph (e) there is inserted “or

(f) the alleged offence is an offence under section 1(2)(a)(ii) of the Aviation and Maritime Security Act 1990, where one or more such aircraft was or were the only aircraft alleged to have been thereby destroyed or seriously damaged; or

(g) the alleged offence is the offence of hijacking a warship in the service of that force or any other ship used as a naval auxiliary in that service or consists of inducing or assisting, in relation to any such warship or other ship, the commission of any such act as is mentioned in section 14(4)(a) of the Aviation and Maritime Security Act 1990; or

(h) the alleged offence is an offence under section 11, 12, or 13 of that Act in relation to a ship, or consists of inducing or assisting the commission of any such act as is mentioned in section 14(4)(b), (c) or (d) of that Act in relation to a ship, where (in either case) one or more warships in the service of that force or other ships used as naval auxiliaries in that service were the only ships alleged to have been, or to have been likely to be, thereby destroyed or damaged or whose safe navigation is alleged to have been, or to have been likely to be, thereby endangered”.

(3) In subsection (4) for “paragraphs (b) and (c)” in the first place where those words occur there is substituted “paragraphs (b), (c) and (f)”, and for “paragraphs (d) and (e)” there is substituted “paragraphs (d), (e), (g) and (h)”.

The Merchant Shipping Act 1970 (c. 36)

2 (1) In section 78 of the Merchant Shipping Act 1970 (unauthorised presence on board ship) for “level 2 on the standard scale” (which was substituted by virtue of section 46 of the [1982 c. 48.] Criminal Justice Act 1982) there is substituted “level 5 on the standard scale”.

(2) Sub-paragraph (1) above does not affect the punishment for any offence committed before the commencement of this paragraph.

The Criminal Jurisdiction Act 1975 (c. 59)

3 In section 2 of the Criminal Jurisdiction Act 1975 (hijacking of vehicles or ships in Northern Ireland or the Republic of Ireland) in subsection (1)(a) the words “or any ship or hovercraft” are omitted.

4 In Schedule 1 to the Criminal Jurisdiction Act 1975 (offences in Republic of Ireland triable in Northern Ireland) in Part I after paragraph 11 there is inserted—

“Endangering safety at aerodromes

11A An offence under section 1 of the Aviation and Maritime Security Act 1990 (endangering safety at aerodromes).

Offences relating to ships and fixed platforms

11B An offence under section 9 of the Aviation and Maritime Security Act 1990 (hijacking of ships) or under section 10 of that Act (seizing or exercising control of fixed platforms).”

The Northern Ireland (Emergency Provisions) Act 1978 (c. 5)

5 In Schedule 4 to the Northern Ireland (Emergency Provisions) Act 1978 (the scheduled offences) in Part I after paragraph 19D there is inserted—

“Aviation and Maritime Security Act 1990

19E Offences under the following provisions of the Aviation and Maritime Security Act 1990—

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(c) section 10 (seizing or exercising control of fixed platforms).”

The Suppression of Terrorism Act 1978 (c. 26)

6 In Schedule 1 to the Suppression of Terrorism Act 1978 (list of offences for purposes of section 1 of that Act) after paragraph 18 there is inserted—

“18A An offence under section 1 of the Aviation and Maritime Security Act 1990.

Offences relating to ships and fixed platforms

18B An offence under Part II of the Aviation and Maritime Security Act 1990 (other than an offence under section 15 of that Act).”

The Criminal Justice Act 1982 (c. 48)

7 At the end of Part II of Schedule 1 to the Criminal Justice Act 1982 (statutory offences excluded from provisions for early release of prisoners) there is inserted—

“Aviation and Maritime Security Act 1990 (c. 31)

Section 1 (endangering safety at aerodromes).

Section 9 (hijacking of ships).

Section 10 (seizing or exercising control of fixed platforms).

Sections 11, 12, 13 and 14 (other offences relating to ships and fixed platforms).”

The Police and Criminal Evidence Act 1984 (c. 60)

8 At the end of Part II of Schedule 5 to the Police and Criminal Evidence Act 1984 (serious arrestable offences) there is added—

“Aviation and Maritime Security Act 1990 (c. 31)

11 Section 1 (endangering safety at aerodromes).

12 Section 9 (hijacking of ships).

13 Section 10 (seizing or exercising control of fixed platforms).”

The Extradition Act 1989 (c. 33)

9 (1) Section 22 of the Extradition Act 1989 (extension of purposes of extradition for offences under Acts giving effect to international Conventions) is amended as follows.

(2) At the end of subsection (2) there is inserted—

“(i) the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Montreal Convention, which was signed at Montreal on 24th February 1988 (“the Montreal Protocol”);

(j) the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, which was signed at Rome on 10th March 1988 (“the Rome Convention”);

(k) the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, which was also signed at Rome on 10th March 1988 (“the Rome Protocol”).”

(3) At the end of subsection (4) there is inserted—

“(i) in relation to the Montreal Protocol, an offence under section 1 of the Aviation and Maritime Security Act 1990;

(j) in relation to the Rome Convention, an offence under section 9 or 12 of that Act or an offence under section 11 or 13 of that Act committed in relation to a ship (within the meaning of Part II of that Act); and

(k) in relation to the Rome Protocol, an offence under section 10 of that Act or an offence under section 11 or 13 of that Act committed in relation to a fixed platform (within the meaning of Part II of that Act).”

10 In Schedule 1 to the [1870 c. 52.] Extradition Act 1989 (provisions deriving from Extradition Act 1870 and associated enactments) in paragraph 15 (deemed extension of jurisdiction of foreign states) after paragraph (k) there is inserted— “or

(l) an offence under section 1, 9, 10, 11, 12 or 13 of the Aviation and Maritime Security Act 1990 or an attempt to commit such an offence,”.

The [(S.I.1989/1341 (N.I.12))] Police and Criminal Evidence (Northern Ireland) Order 1989

11 At the end of Part II of Schedule 5 to the Police and Criminal Evidence (Northern Ireland) Order 1989 (serious arrestable offences) there is added—

“Aviation and Maritime Security Act 1990 (c. 31)

10 Section 1 (endangering safety at aerodromes).

11 Section 9 (hijacking of ships).

12 Section 10 (seizing or exercising control of fixed platforms).”