Seanad debates

Tuesday, 27 May 2003

Criminal Justice (Illicit Traffic by Sea) Bill 2000: Second Stage.

 

There is always the possibility that the arresting officers might find evidence of offences other than drug trafficking – for example, illegal arms. In such cases, the consent of the flag state will be required for a prosecution in the arresting state. However, the arresting state will be free to prosecute for any offence occurring after the vessel has been taken into its territory – for example, if the vessel's crew assaults an arresting officer. This provision is contained in section 14. A requirement to surrender a person to a flag state will take priority over any domestic proceedings and the High Court is being given power to order the suspension of any such proceedings, without prejudice to their eventual reinstatement as provided for in section 15.

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