NCJ Number
61816
Date Published
1978
Length
103 pages
Annotation
AS PART OF A COMPREHENSIVE REVIEW OF THE CRIMINAL LAW WITH A VIEW TO ITS EVENTUAL CODIFICATION, RECOMMENDATIONS ARE OFFERED RELATING TO THE TERRITORIAL AND EXTRATERRITORIAL EXTENT OF BRITISH CRIMINAL LAW.
Abstract
FOR THE PURPOSE OF DEFINING THE TERRITORIAL LIMITS WITHIN WHICH THE CRIMINAL LAW OF ENGLAND AND WALES SHOULD APPLY AND ALSO TO CLARIFY THE TERRITORIAL JURISDICTION OF THE COURTS IN RELATION TO SUMMARY AND INDICTABLE OFFENSES, THE REPORT RECOMMENDS THAT (1) CRIMINAL LAW JURISDICTION CONSIST OF THE ENTIRE AREA BOUNDED BY THE OUTER LIMITS OF ADJACENT TERRITORIAL WATERS; (2) QUESTIONS ABOUT TERRITORIAL JURISDICTION BE RESOLVED BY A CERTIFICATE ISSUED BY OR UNDER THE AUTHORITY OF THE SECRETARY OF STATE; (3) TERRITORIAL JURISDICTION FOR INDICTABLE OFFENSES EXTEND TO ALL THOSE OCCURRING WITHIN THE OUTER LIMITS OF TERRITORIAL WATERS; (4) THE CONSENT OF THE DIRECTOR OF PUBLIC PROSECUTIONS BE REQUIRED FOR THE INSTITUTION OF PROCEEDINGS RELATING TO ANY OFFENSE COMMITTED ON, UNDER, OR ABOVE TERRITORIAL WATERS BY PERSONS NOT CITIZENS OF THE UNITED KINGDOM ON OR BY MEANS OF ANY VESSEL OR AIRCRAFT OTHER THAN ONE WHICH IS BRITISH-CONTROLLED; AND (5) THE TERRITORIAL WATERS JURISDICTION ACT OF 1878 BE REPEALED, AND BOTH THE COMMON LAW JURISDICTION OF THE COURTS AND THE CONCURRENT CRIMINAL JURISDICTION WITH THE TERRITORY BE ABOLISHED. FURTHER RECOMMENDATIONS REGARD OFFENSES OCCURRING OUTSIDE TERRITORIAL WATERS, OFFENSES COMMITTED ABOARD VESSELS, AND OFFENSES COMMITTED ABROAD BY CROWN SERVANTS. CERTAIN NEW PROVISIONS ON JURISDICTION AND PROCEDURE ARE NECESSARY TO GIVE EFFECT TO THE RECOMMENDATIONS PRESENTED. THE APPENDIXES CONTAIN DRAFT CLAUSES AND SCHEDULES FOR A CRIMINAL JURISDICTION BILL AND A LIST OF ORGANIZATIONS AND PERSONS WHO COMMENTED ON THE COMMISSION'S STUDY PAPER. (RCB) PAPER. (RCB)