Territorial Waters Jurisdiction Act of 1878

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OF NATIONAL JURISDICTION Territotial Waters Jurtsdlctton kt, l878 An Act to regulate the law relating to the Trial of Offences c.ornmitted on the Sea within a certain distance of the Coast of Her Majesty's Dominions. \Jhereas the rightful jurisdiction of Her Majesty, her heirs and successors, extends and has always extended over the open seas adjacent to the coasts of the United Kingdom and of all other ~arts of He.r Maja%t1 1 $ do~i~io~s to such a distance as is necessary for the defence and the security of such dominions; And whereas it is expedient that all offences conunitted on the open sea within a certain distance of the coasts of the United Kingdom and of all other parts of Her Majesty's dominions, by whomsoever committed, should be dealt wtth according to la~: 2. - ~endment of law as to jurisdiction of the Admiral. - An offence committed by a person, whether he is ot is not a subject of Her Majesty. on the open sea within the territorial waters of Her Majesty's dominions, in an offence within the jurtsdiction of the Admiral, although it may have been committed on board or by means of a foreign ship, and the person who committed such offence may b-e a~rested, tried, and punished accordingly. 3. - Restricclon on institution of proceedings for punishment of offence, ProceedinRS for the trial and punishment of a person who is not a subject of Her Majesty, and who is charged with any such offence as is declared by this Act to be within the jurisdiction of the Admiral, shall not be instituted in any court of the United Kingdom, except with the consent of one of Her Majesty's Principal Secretaries of State, and on his certificate that the institutlon of such proceedings is irt his oµinion exQedient, and shall not be instituted in any of the dominions of Her Majesty out of the United Kingdom, except with the leave of the Governor of the part of the dominions in which such proceedings are proposed to be instituted, and on his certificate that it is expedient that such proceedings should be instituted. 4. - Provisions as to procedure. - Ort the trial of any person who 1s not a sub1ect of Her MaiestY for an offence declared by this Act to be within the jurisdiction of the Admiral, it shall not be necessary to avet iu any indictment or information on such trial that such consent or certificate of the Secretary of State or Governor as is required by this Act has been given, and the fact of the same havinR been given shall be vresumed unless disputed by the defendant at the trial; and tbe production of a document purporting to be $1gned by one of Her Majesty's Princlpal Secretaries of State as respects the United Kingdom, and by the Governor as respects any other part of Her Majesty's dominions, and containing such consent and certlflcate, shall be sufficient evidence tor all the ?Ut?oses of this A.ct of the consant and certificate required by this Act. Proceedin[!;s before ,:l justice of the peace or other magistrate prevtous to the committal of an offender for trlal or to the determination of the justice or ma~lstrate that the attender is to be put u?Oh his trial shall not be deemed proceedings for the tr:al of the offence commttted by such offonder for th.e purposes of the sat.cl consent and certl.fi.cate under this Act. J. ~ Saving as to Jurisdiction. - Nothtng in this Act contain~d shall be con,;rrued to be in derogation of any :rightful jurisdiction of Her 'fajesty, her heirs or successors, under the l~w of nations, or Co affect or prejudice any jurisdiction conferred by Act of Parliament or now by law existing in relation to tore1~n sh1ps or 1n re1ar1an co persons on board such snips. 6. - ?a~ing~..£ ..£.!.E.acy. ~ this Act shalt not prejudice or atfect the trial in manner heretofore in use of any att of piracy as defined by the law of nattons, ar artecc or preJudtce any law re1c1ng chereco; and where any ace of pir~cy as defined by the law of nations is also any such offence as is declared hy this Act to be within the jurisdiction of the Admiral, such l)ffence may be tr led in pursuance of any other Act of Parliament I law, or custom relating thereto. 7. - -~ter2:retatton. - In this Act, unless there is something inconsistent in che context, the fallowing expressions shall respectively have the meanings hereinafter assigned to the; (that ts to say,) ''The jurisdtct:fon of the Admiral") as used in this Act~ includes the jurisdiction of the Admiralty of England and Ireland, or either of such jurlsdictions as used in any Act of Parliament; and tor the purpose ot arresting any p(3rson charged with a,n offonce declat'ed by this A~t to be wlthin the jurisdiction of the Admiral, the territorial waters adjacent to the United 1<.ingdom, or any other pa.rt of Her Majesty's dominions, shall b~ deemed to be within the jurisdiction ot any judge, magistrate, or officer having power within s11ch Untted Kingdom, or other pa.tt of Her Majesty's dominions, to issue warrants for arresting or to arrest persons chal'ged with offences committed within the jurisdiction of such judge, magistrate, or otticer; "United Xingdom" includes the lsle of Ma.n, the Channel tslan.ds, and other adjacent islands; "The territo-rial waters of Her Majesty's domini.ons·•, in reference to the sea, means such part of the sea adjacent to the coast of the United KinRdom, or the coast of some other part of Her Majesty's dominions, as is deemed by internat tonal law to be Within the territorial sa11ereignty of Her Majesty; and fo~ the purpose of any offence declared by this Act to be within the jurisdiction of the Admiral, any part of the open sea within one marine league of the coast measured from low-water mark shall be deemed to he open sea within the territorial waters ot Her Majesty's dominions; "Governor", as respects Indii:l I means the Governor General ... ; (and as respects a British possessiort whtch) consl.sts of several constituent colonies, means the Governor General of the whole possession or the G::ivernor of any of the constituent colonies; and as respects any other British possession, means the officer for the time being administering the government of such possession; also any person acting for or in the capacity of Governor shall be included under the term "Governor"; "()ffence" as used in this A.ct means an act neglec.t ot: de(ault of S'J.C.b. a description as 1-1ould, if committed within the body of a country in Sngland, be punishable on indictment according to the law of England for the time being in force; "Ship" includes every description of ship, boat, or other floating craft; "Foreign ship" means any ship which is not: a British ship.