Antarctic Minerals Act 1989

Prospective

14 Jurisdiction with respect to proceedings under territorial law.E+W+S+N.I.

(1)Her Majesty may by Order in Council confer on any court in England and Wales such criminal or civil jurisdiction (whether original or appellate) in respect of matters arising under the law of the British Antarctic Territory (in this section referred to as “the territory”) as Her Majesty thinks fit.

(2)An Order in Council under this section may make such provision as Her Majesty thinks fit with respect to, or for purposes connected with, the exercise of any jurisdiction conferred by the Order on any court, including in particular provision—

(a)as to procedure, the attendance of witnesses and the production of documents; and

(b)as to the enforcement and execution of, and appeals from, any judgment, decree, order or sentence of the court.

(3)Without prejudice to the generality of subsection (2) above, an Order in Council under this section which confers criminal jurisdiction may make provision for any of the following matters, that is to say—

(a)the conveyance in custody of any person suspected of committing an offence under the law of the territory to any place in England and Wales where he can be tried for that offence;

(b)the seizure and detention of any article which may be evidence of such an offence and its conveyance to any place in England and Wales where a person charged with that offence can be tried; and

(c)the arrest, in any part of the United Kingdom, of any person suspected of committing such an offence.

(4)This section shall have effect without prejudice—

(a)to any other powers of Her Majesty;

(b)to the jurisdiction, apart from this section, of any court (whether in the territory, any part of the United Kingdom or elsewhere) in respect of anything arising under the law of the territory.

(5)No recommendation shall be made to Her Majesty to make an Order in Council under this section unless a draft of the Order has been laid before and approved by a resolution of each House of Parliament.