110.During an armed conflict COs are entitled to capture (as “prize”) most enemy ships and aircraft, and any goods in them. Under International Law they must bring the captured enemy ship, aircraft or goods to an appropriate place for a proper adjudication on whether they were lawfully seized (and can therefore properly be deemed as “prize”). It is an offence if a person in command of a service ship or aircraft unlawfully fails to:
ensure that all papers which identify the captured ship or aircraft are sent to a court which can determine whether the ship, aircraft or goods are prize, and
bring the ship, aircraft or goods to a convenient place for adjudication.
111.The failure will not be unlawful if caused, for example, by enemy action.