Seanad debates
Tuesday, 27 May 2003
Criminal Justice (Illicit Traffic by Sea) Bill 2000: Second Stage.
Alternatively, under an unusual requirement of the agreement to which I will return later, the flag state could simply require the release of the ship and crew. Under the agreement, such a requirement of surrender or release would have to be made within 14 days of the receipt of a summary of evidence from the arresting state, which in this case would be Ireland. The summary would have to be given to the flag state as soon as possible after arrest. If, as is expected to be the norm, flag states do not exercise their right to preferential jurisdiction under the agreement, the arresting state will be free to initiate a prosecution under its domestic law.
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