Merchant Shipping Act 1995

145 Interpretation of section 144 U.K.

(1) This section has effect for the interpretation of the references in section 144 to the institution of proceedings or their conclusion without the master or owner of a ship being convicted of an offence under section 131.

(2) For the purposes of section 144 in its application to England and Wales—

(a) proceedings for an offence under section 131 are instituted—

(i) when a justice of the peace issues a summons or warrant under section 1 of the M1 Magistrates’ Courts Act 1980 in respect of the offence;

(ii) when a person is charged with the offence after being taken into custody without a warrant;

(iii) when a bill of indictment is preferred under section 2(2)(b) of the M2 Administration of Justice (Miscellaneous Provisions) Act 1933; and

(b) proceedings for the offence are concluded without the master or owner being convicted on the occurrence of one of the following events—

(i) the discontinuance of the proceedings;

(ii) the acquittal of the master or owner;

(iii) the quashing of the master’s or owner’s conviction of the offence;

(iv) the grant of Her Majesty’s pardon in respect of the master’s or owner’s conviction of the offence.

(3) For the purposes of section 144 in its application to Northern Ireland—

(a) proceedings for an offence under section 131 are instituted—

(i) when a justice of the peace issues a summons or warrant under Article 20 of the M3 Magistrates’ Courts (Northern Ireland) Order 1981;

(ii) when a person is charged with the offence after being taken into custody without a warrant;

(iii) when an indictment is presented under section 2(2)(c), (e) or (f) of the M4 Grand Jury (Abolition) Act (Northern Ireland) 1969; and

(b) proceedings for an offence under section 131 are concluded without the master or owner being convicted on the occurrence of one of the following events—

(i) the discontinuance of the proceedings;

(ii) the acquittal of the master or owner;

(iii) the quashing of the master’s or owner’s conviction of the offence;

(iv) the grant of Her Majesty’s pardon in respect of the master’s or owner’s conviction of the offence.

(4) Where the application of subsection (2)(a) or (3)(a) above would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.

(5) For the purposes of section 144 in its application to Scotland—

(a) proceedings for an offence under section 131 are instituted—

(i) on the granting by the sheriff of a warrant in respect of the offence on presentation of a petition under section 12 of the M5 Criminal Procedure (Scotland) Act 1975;

(ii) when, in the absence of a warrant or citation, the master or owner is first brought before a court competent to deal with the case;

(iii) when, in a case where he is liberated upon a written undertaking in terms of section 18(2)(a), 294(2)(a) or 295(1)(a) of the Criminal Procedure (Scotland) Act 1975, the master or owner appears at the specified time;

(iv) when, in a case mentioned in (iii) above where the master or owner fails to appear at the specified court at the specified time, the court grants warrant for his apprehension;

(v) when summary proceedings are commenced in terms of section 331(3) of the Criminal Procedure (Scotland) Act 1975;

(b) proceedings for an offence under section 131 are concluded without the master or owner being convicted on the occurrence of one of the following events—

(i) the court makes a finding of not guilty or not proven against the master or owner in respect of the offence;

(ii) the proceedings are expressly abandoned (other thanpro loco et tempore) by the prosecutor or are deserted simpliciter;

(iii) the conviction is quashed;

(iv) the accused receives Her Majesty’s pardon in respect of the conviction.

Marginal Citations

M1 1980 c. 43.

M2 1933 c. 36.

M3 S.I. 1981/1675 (NI 26).

M4 1969 c. 15 (N.I.).

M5 1975 c. 21.