Submarine Telegraph Act 1885

3 Punishment for violation of Article 2 of Convention. U.K.

(1) A person shall not unlawfully and wilfully, or by culpable negligence, break or injure any submarine cable to which the Convention for the time being applies, in such manner as might interrupt or obstruct in whole or in part telegraphic communication.

(2) Any person who acts or attempts to act in contravention of this section shall be guilty of a misdemeanour, and on conviction—

(a) if he acted wilfully, shall be liable to penal servitude for a term not exceeding five years, or to imprisonment, . . . . F1 , for a term not exceeding two years, and to a fine either in lieu of or in addition to such penal servitude or imprisonment; and

(b) if he acted by culpable negligence, shall be liable to imprisonment for a term not exceeding three months, F2 . . . , and to a fine not exceeding [F3 one hundred pounds][F3 level 3 on the standard scale]either in lieu of or in addition to such imprisonment.

(3) Where a person does any act with the object of preserving the life or limb of himself or of any other person, or of preserving the vessel to which he belongs or any other vessel, and takes all reasonable precautions to avoid injury to a submarine cable, such person shall not be deemed to have acted unlawfully and wilfully within the meaning of this section.

(4) A person shall not be deemed to have unlawfully and wilfully broken or injured any submarine cable, where in the bona fide attempt to repair another submarine cable injury has been done to such first-mentioned cable, or the same has been broken; but this shall not apply so as to exempt such person from any liability under this Act or otherwise to pay the cost of repairing such breakage or injury.

(5) Any person who within or (being [F4 a Commonwealth citizen]) without Her Majesty’s dominions in any manner procures, counsels, aids, abets, or is accessory to the commission of any offence under this section, shall be guilty of a misdemeanour, and shall be liable to be tried and punished for the offence as if he had been guilty as a principal.

Textual Amendments

F1 Words omitted under authority of (E.W.) Criminal Justice Act 1948 (c. 58), s. 1(2) and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), s. 221(2), and repealed (N.I.) by Criminal Justice Act (Northern Ireland) 1953 (c. 14), s. 1(2)

F2 Words spent.

F3 In s. 3(2)(b) for “one hundred pounds” there is substituted (S.) “level 3 on the standard scale” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G, 457A

F4 Words substituted by British Nationality Act 1981 (c. 61, SIF 87), Sch. 7

Modifications etc. (not altering text)

C1 S. 3 amended and extended by Continental Shelf Act 1964 (c. 29), s. 8(1)

C2 S. 3 amended as to mode of trial (E.W.) by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 17, Sch. 1 para. 11

C3 Reference to penal servitude to be construed as reference to imprisonment: (E.W.) Criminal Justice Act 1948 (c. 58), s. 1(1), (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), s. 221(1) and (N.I.) Criminal Justice Act (Northern Ireland) 1953 (c. 14), s. 1(1)