Ships operation - Emergency procedures for criminal cases on board
What is a criminal case onboard?
The Criminal case on board a ship which adversely affects (or may adversely affect) the safe operation of the ship , means one of the following various cases :
a) Act to inflict injury or murder by a crew member or a third party;
b) Act to cause physical destruction by a crew member or a third party;
c) Unlawful occupation of the ship or destruction of the chain of command, by a crew member or a third party; and
d) Otherwise, criminal act which the Master considers adversely affects (or may adversely affect) the safe operation of the ship.
In the event of a criminal case on board a ship which affects (or may affect) the safe operation of the ship, the Master shall respond to it in compliance with the provisions of this set of procedures as far as possible, while giving utmost consideration to the safety of life and the maintenance of the safe operation of the ship.
Master's legal authority and obligations in the event of a case onboard a ship
(1) In the event of a Case at High Seas (International Waters) Under the United Nations Convention on the Law of the Sea , a ship shall be subject to its flag states exclusive jurisdiction on the High Seas.
It follows that if a Case has occurred at High Seas, the Master shall take necessary measures to maintain the safety of the ship and shipboard order, by exercising the policing authority of the flag state under its laws and regulations.
(2) In the event of a case on passage in Territorial Waters of a coastal state The territorial waters of a coastal state are subject to the sovereignty of the coastal state under the Convention.
On the other hand, foreign flag ships are authorized to enjoy the right of innocent passage through Territorial Waters of a coastal state and the exercise of jurisdiction by the coastal state on board such foreign ships shall be restricted as follows:
UNITED NATIONS CONVENTION ON THE LAW OF THE SEA
Article27
Criminal jurisdiction on board a foreign ship
1. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage, save only in the following cases:
(a) if the consequences of the crime extend to the coastal State;
(b) if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea;
(c) if the assistance of the local authorities has been requested by the Master of the ship or by a diplomatic agent or consular officer of the flag State; or
(d) if such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances.
2. The above provisions do not affect the right of the coastal State to take any steps authorized by its laws for the purpose of an arrest or investigation on board a foreign ship passing through the territorial sea after leaving internal waters.
As a result, even if a Case has occurred on passage through Territorial Waters of a coastal state, the Master is required to take necessary measures to maintain the safety of the ship and shipboard order, by exercising the policing authority of the flag state.
When the coastal state exercises its criminal jurisdiction on board a foreign flag ship under Paragraphs 1 and 2 of Article 27 of the Convention, the Master of the relevant foreign flag ship shall follow instructions given by the coastal state.
(3) In the event of a case during a stay at a Roadstead(Anchorage) or Moored to port facilities in the Territorial Water (or internal water) of a coastal state The coastal state has the authority to exercise criminal jurisdiction on board the ship (except as prescribed in the proviso of Paragraph 2, Article 18, of the Convention). The Master, therefore, is required to comply with the instructions of its police authorities. (Appendix-A: Excerpts of the relevant articles of the United Nations Convention on the Law of the Sea)
Dissemination Of Information, And Maintenance Of Chain of command on board the ship
In the event of a Case, the Master shall immediately disseminate information on the fact among the crew members and make the utmost effort to maintain the chain of command on board the ship.
Report to the company
In the event of a Case, the Master shall give an initial report to the Company as soon as possible.
Report to maritime safety authorities ( Police authorities)
In the event of a Case at High Seas :
The Master shall make necessary reports to the police authorities of the flag state without delay. As to response thereafter, the Master shall follow instructions from the Company.
In the event of a case on passage in Territorial Waters of a coastal state :
The Master shall make necessary reports to the police authorities of the flag state and other organizations without delay.
If he considers there is a need to obtain assistance from the coastal state to solve the Case, the Master shall report the occurrence of the Case to the maritime safety authorities (police authorities) of the coastal state and provide necessary information continually.
In the event of a Case during a stay at a Roadstead (Anchorage) or while moored to port facilities in the territorial water (or internal water) of a coastal state :
The Master shall report the occurrence of the Case to the Maritime Safety Authorities (Police authorities) of the coastal state.
When the maritime safety authorities (police authorities) of the coastal state exercise their criminal jurisdiction, the Master shall follow their instructions.
Identification & detention of a criminal and rescue of a victim (Person Injured or Murdered)
Precautions and General measures:
If the criminal possesses a lethal Weapon or is continuing (or Feared to continue) the criminal act of a dangerous nature, the Master shall respond to the situation, giving top priority to the safety of crew members lives.
Particularly when the culprits criminal act is feared to endanger the safety of crew members, the Master shall thoroughly instruct the crew members not to resist the criminal.
By exercising the criminal jurisdiction of the flag state, the Master shall make the utmost effort to identify and detain a criminal thereby to prevent ensuing criminal acts.
If the Case involves a victim (injured or murdered person), the Master shall make the utmost effort to protect the person.
The Master shall follow instructions from the Maritime Safety Authorities (Police Authorities) of the coastal state, complying with the laws and regulations of the state.
Confinement of a criminal
When detaining a criminal as described in the previous article, the Master shall adopt confinement as a measure.
The precautions to take when confining a criminal shall be as follows:
The Master shall confine a criminal in a room which can be locked in order to restrict the criminals action and prevent his escape.
The following points shall be borne in mind in relation to the place of confinement.
a) Measures shall be taken to prevent escape by, e.g., locking the place of confinement, attaching steel bars to the port hole or weld the window frame.
b) If there are more than one criminal, they shall be confined separately to avoid their mutual contact.
c) The criminal may never be confined in a sick bay as he may use medicine without permission.
The Master shall give due consideration in humanitarian respects to the criminal in custody, by offering convenience for his victual and lavatory.
The Master shall keep the criminal under surveillance 24 hours a day to prevent his escape or suicide attempts.
If he is forced to release the confinement, the Master shall take proper measures to prevent the criminal from entering facilities important for the operation of the ship, including the bridge, machinery spaces and steering gear compartment.
Inspection and keeping in custody of criminal's possessions
When detaining a criminal, the Master shall inspect his possessions and take action as follows:
Identification card (passport, entry visa, etc.): The identification card shall be kept under strict custody till immediately before his disembarkation unless requested by governmental officials.
Lethal weapons, narcotic drugs, stimulants, etc.: An exhaustive search should be made for such things and if the criminal possesses any, they shall be confiscated and kept under custody without fail.
Other possessions : With the approval of the criminal, they shall be kept under custody on board the ship together with the possessions referred to in (2) until after he is handed over.
List of possessions : The Master shall prepare a list of possessions and obtain the signature of the criminal on the list after they are confirmed by him, and keep under custody its copy together with the possessions.
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Welcome Shipsbusiness.com! Our articles are based on various shipboard activities, safe operation, maintenance and onboard procedure. These procedures are only indicative, not exhaustive in nature and one must always be guided by practices of good seamanship.
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