Merchant Shipping Act 1995

Jurisdiction U.K.

279 Jurisdiction in relation to offences. U.K.

(1) For the purpose of conferring jurisdiction, any offence under this Act shall be deemed to have been committed in any place in the United Kingdom where the offender may for the time being be.

(2) For the same purpose, any matter of complaint under this Act shall be deemed to have arisen in any place in the United Kingdom where the person complained against may for the time being be.

(3) The jurisdiction under subsections (1) and (2) above shall be in addition to and not in derogation of any jurisdiction or power of a court under any other enactment.

Modifications etc. (not altering text)

C1 S. 279 extended (with modifications) to Jersey (1.12.1997) by S.I 1997/2598, arts. 2, 3, Sch. 1

s. 179 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

280 Jurisdiction over ships lying off coasts. U.K.

(1) Where the area within which a court in any part of the United Kingdom has jurisdiction is situated on the coast of any sea or abuts on or projects into any bay, channel, lake, river or other navigable water the court shall have jurisdiction as respects offences under this Act over any vessel being on, or lying or passing off, that coast or being in or near that bay, channel, lake, river or navigable water and over all persons on board that vessel or for the time being belonging to it.

(2) The jurisdiction under subsection (1) above shall be in addition to and not in derogation of any jurisdiction or power of a court under the M1 Magistrates’ Courts Act 1980 or the M2 Magistrates’ Courts (Northern Ireland) Order 1981.

Modifications etc. (not altering text)

C2 S. 280 applied (1.1.1996) by 1980 c. 43, s. 3A (as inserted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 55 (with s. 312(1)))

S. 280 applied (1.1.1996) by 1981 c. 54, s. 46A (as inserted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 59(4) (with s. 312(1)))

Marginal Citations

M1 1980 c. 43.

M2 S.I. 1981/1675 (NI 26).

281 Jurisdiction in case of offences on board ship. U.K.

Where any person is charged with having committed any offence under this Act then—

(a) if he is a British citizen and is charged with having committed it—

(i) on board any United Kingdom ship on the high seas,

(ii) in any foreign port or harbour, or

(iii) on board any foreign ship to which he does not belong; or

(b) if he is not a British citizen and is charged with having committed it on board any United Kingdom ship on the high seas;

and he is found within the jurisdiction of any court in any part of the United Kingdom which would have had jurisdiction in relation to the offence if it had been committed on board a United Kingdom ship within the limits of its ordinary jurisdiction to try the offence that court shall have jurisdiction to try the offence as if it had been so committed.

Modifications etc. (not altering text)

C3 S. 281 extended (with modifications) to Jersey (1.12.1997) by S.I. 1997/2598, arts. 2, 3, Sch. 1

S. 281 extended (with modifications) to Guernsey (11.3.1998) by S.I. 1998/260, arts. 2, 3, Sch. 1

S. 281 applied (1.1.1996) by 1980 c. 43, s. 3A (as inserted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 55 (with s. 312(1)))

S. 281 applied (1.1.1996) by 1981 c. 54, s. 46A (as inserted (1.1.1996) by 1995 c. 21 ss. 314(2), 316(2), Sch. 13 para. 55 (with s. 312(1)))

282 Offences committed by British seamen. U.K.

(1) Any act in relation to property or person done in or at any place (ashore or afloat) outside the United Kingdom by any master or seaman who at the time is employed in a United Kingdom ship, which, if done in any part of the United Kingdom, would be an offence under the law of any part of the United Kingdom, shall—

(a) be an offence under that law, and

(b) be treated for the purposes of jurisdiction and trial, as if it had been done within the jurisdiction of the Admiralty of England.

(2) Subsection (1) above also applies in relation to a person who had been so employed within the period of three months expiring with the time when the act was done.

(3) Subsections (1) and (2) above apply to omissions as they apply to acts.

Modifications etc. (not altering text)

C4 S. 282 applied (1.1.1996) by 1980 c. 43, s. 3A (as inserted (1.1.1996) by 1995 C. 21, ss. 314(2), 316(2), Sch. 13 para. 55 (with s. 312(1)))

S. 282 applied (1.1.1996) by 1981 c. 54, s. 46A (as inserted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 59(4) (with s. 312(1)))