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TERRITORIAL WATERS JURISDICTION ACT 1878

TERRITORIAL WATERS JURISDICTION ACT 1878 - LONG TITLE

An Act to regulate the law relating to the Trial of Offences
committed on the Sea within a certain distance of the Coasts of
Her Majesty's Dominions.
[16th August 1878]
WHEREAS 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
parts of Her Majesty's dominions to such a distance as is necessary
for the defence and security of such dominions:

And Whereas it is expedient that all offences committed 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 with according to law:

TERRITORIAL WATERS JURISDICTION ACT 1878 - SECT 1
Short title.

1. This Act may be cited as the Territorial Waters Jurisdiction
Act, 1878.

TERRITORIAL WATERS JURISDICTION ACT 1878 - SECT 2
Amendment of law as to jurisdiction of the Admiral.

2. An offence committed by a person, whether he is or is not a
subject of Her Majesty, on the open sea within the territorial
waters of Her Majesty's dominions, is an offence within the
jurisdiction 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 be arrested, tried, and punished accordingly.

TERRITORIAL WATERS JURISDICTION ACT 1878 - SECT 3
Restriction on institution of proceedings for punishment of offence.

3. Proceedings 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 institution of
such proceedings is in his opinion expedient, ...

TERRITORIAL WATERS JURISDICTION ACT 1878 - SECT 4
Provisions as to procedure.

4. On the trial of any person who is not a subject of Her
Majesty for an offence declared by this Act to be within the
jurisdiction of the Admiral, it shall not be necessary to aver in
any indictment or information on such trial that such consent or
certificate of the Secretary of State ... as is required by this
Act has been given, and the fact of the same having been given
shall be presumed unless disputed by the defendant at the trial;
and the production of a document purporting to be signed by one of
Her Majesty's Principal Secretaries of State as respects the United
Kingdom, ... and containing such consent and certificate, shall be
sufficient evidence for all the purposes of this Act of the consent
and certificate required by this Act.

Proceedings before a justice of the peace or other magistrate
previous to the committal of an offender for trial or to the
determination of the justice or magistrate that the offender is to
be put upon his trial shall not be deemed proceedings for the
trial of the offence committed by such offender for the purposes of
the said consent and certificate under this Act.

TERRITORIAL WATERS JURISDICTION ACT 1878 - SECT 5
Saving as to jurisdiction.

5. Nothing in this Act contained shall be construed to be in
derogation of any rightful jurisdicton of Her Majesty, her heirs or
successors, under the law of nations, or to affect or prejudice any
jurisdiction conferred by Act of Parliament or now by law existing
in relation to foreign ships or in relation to persons on board
such ships.

TERRITORIAL WATERS JURISDICTION ACT 1878 - SECT 6
Saving as to piracy.

6. This Act shall not prejudice or affect the trial in manner
heretofore in use of any act of piracy as defined by the law of
nations, or affect or prejudice any law relating thereto; and where
any act of piracy as defined by the law of nations is also any
such offence as is declared by this Act to be within the
jurisdiction of the Admiral, such offence may be tried in pursuance
of this Act, or in pursuance of any other Act of Parliament, law,
or custom relating thereto.

TERRITORIAL WATERS JURISDICTION ACT 1878 - SECT 7
Interpretation.

7. In this Act, unless there is something inconsistent in the
context, the following expressions shall respectively have the
meanings herein-after assigned to them; (that is to say,)

"The jurisdiction of the Admiral," as used in this Act, includes
the jurisdiction of the Admiralty of England and Ireland, or either
of such jurisdictions as used in any Act of Parliament; and for
the purpose of arresting any person charged with an offence declared
by this Act to be within the jurisdiction of the Admiral, the
territorial waters adjacent to the United Kingdom ... shall be
deemed to be within the jurisdiction of any judge, magistrate, or
officer having power within such United Kingdom ... to issue
warrants for arresting or to arrest persons charged with offences
committed within the jurisdiction of such judge, magistrate, or
officer:

"United Kingdom" includes the Isle of Man, the Channel Islands, and
other adjacent islands:

"The territorial waters of Her Majesty's dominions" in reference to
the sea, means such part of the sea adjacent to the coast of the
United Kingdom ... as is deemed by international law to be within
the territorial sovereignty of Her Majesty; and for 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 be open
sea within the territorial waters of Her Majesty's dominions:

...

"Offence" as used in this Act means an act, neglect, or default of
such a description as would, if committed within the body of a
county in England, 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.






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URL: http://www.bailii.org/nie/legis/num_act/twja1878374.txt