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 :
- Act to inflict injury or murder by a crew member or a third party;
- Act to cause physical destruction by a crew member or a third party;
- Unlawful occupation of the ship or destruction of the chain of command, by a crew member or a third party; and
- Otherwise, criminal act which the Master considers adversely affects (or may adversely affect) the safe operation of the ship.
When any of such cases occur onboard, which affects (or may affect) the safe operation of the ship, the Master should respond to it in compliance with the provisions of below set of procedures as far as possible. Utmost consideration should be given to the safety of life and the maintenance of the ship's safe operation.
When interrogating a criminal, the Master shall bear the following matters in mind:-
The attendance of one or more crew members (preferably senior officers) is required for an interrogation.
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With special care for the criminal's treatment, efforts shall be made to create an atmosphere conducive to eliciting his statements.
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It often turns out that detailed information is obtained in a chat after a formal interrogation.
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If more than one criminal is involved, they shall be interrogated separately.
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The criminal shall be photographed (front view and profile of the face) upon interrogation.
Suggested questionnaire for criminals
After detaining a criminal, the Master should interrogate him, if possible, to confirm the following matters and prepare a record.
Even if the criminal is a crew member should be rechecked -
Full name
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Date of birth
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Nationality
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Home address
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Motives and purposes of the crime
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Presence of accomplices or supporting organizations, and other details
Masters legal authority and obligations in the event of a case onboard a ship
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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.
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In the event of a case on the 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 flagships are authorized to enjoy the right of innocent passage through Territorial Waters of a coastal state. The exercise of jurisdiction by the coastal StateState 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
- The criminal jurisdiction of the coastal StateState 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:
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if the consequences of the crime extend to the coastal State;
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if the crime is of a kind to disturb the peace of the country or the good order
of the territorial sea;
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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
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if such measures are necessary for the suppression of illicit traffic in narcotic
drugs or psychotropic substances.
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The above provisions do not affect the right of the coastal StateState to take any steps
authorized by its laws for an arrest or investigation onboard 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 StateState exercises its criminal jurisdiction on board a foreign flagship under Paragraphs 1 and 2 of Article 27 of the Convention, the Master of the relevant foreign flagship shall follow instructions given by the coastal StateState.
- In the event of a case during a stay at a Roadstead(Anchorage) or Moored to port facilities in the Territorial Waters (or internal water) of a coastal state
The coastal StateState 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 onboard 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 onboard the ship.
He needs to make an initial report to the Company as soon as possible, followed by a detailed incident investigation report. Also, report to flag state as per their reporting guideline.
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 after that, the Master shall follow instructions from the Company.
In the event of a case on a 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 StateState to solve the case, the Master shall report the occurrence of the Case to the maritime safety authorities (police authorities) of the coastal StateState and provide necessary information continually.
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 StateState.
When the maritime safety authorities (police authorities) of the coastal StateState 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 culprit's criminal act is feared to endanger the safety of crew members, the Master shall thoroughly instruct the crew members not to resist the criminal.
The Master shall make the utmost effort to identify and detain a criminal by exercising the criminal jurisdiction of the flag state 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 StateState, complying with the laws and regulations of the StateState.
Confinement of a criminal
When detaining a criminal as the situation demand the Master should adopt confinement as a measure.
The precautions to take when confining a criminal shall be as follows:
The Master should confine a criminal in a room that can be locked to restrict the criminal's action and prevent his escape.
The following points should be borne in mind concerning the place of confinement.-
Measures shall be taken to prevent escape by, e.g., locking the place of confinement, attaching steel bars to the porthole, or weld the window frame.
- If there are more than one criminal, they shall be confined separately to avoid their mutual contact.
- The criminal may never be confined in sickbay as he may use medicine without permission.
The Master should give due consideration in humanitarian respects to the criminal in custody, by offering convenience for his victual and lavatory.
He should 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 should take proper measures to prevent the criminal from entering facilities important for the ship's operation, 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:
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Identification card (passport, entry visa, etc.):
The identification card shall be kept under strict custody until immediately before his disembarkation unless requested by governmental officials.
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Lethal weapons, narcotic drugs, stimulants, etc.:
An exhaustive search should be done for such things, and if the criminal possesses any, they shall be confiscated and kept under custody without fail.
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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.
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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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