The Criminal Justice (International Co-operation) (Anguilla) Order 1994

Offences at sea

18.  Anything which would constitute a drug trafficking offence if done on land in Anguilla shall constitute that offence if done on an Anguillian ship.

Offences on Anguillian ships.

19.—(1) This section applies to an Anguillian ship, a ship registered in a state which is a party to the Vienna Convention (a “Convention state”) and a ship not registered in any country or territory.

Ships used for illicit traffic.

(2) A person is guilty of an offence if on a ship to which this section applies, wherever it may be, he—

(a) has a controlled drug in his possession; or

(b) is in any way knowingly concerned in the carrying or concealing of a controlled drug on the ship,

knowing or having reasonable grounds to suspect that the drug is intended to be imported or has been exported contrary to section 5 of the Drugs (Prevention of Misuse) Ordinance 1988 or the law of any state other than Anguilla.

(3) A certificate purporting to be issued by or on behalf of the government of any state to the effect that the importation or export of a controlled drug is prohibited by the law of that state shall be evidence of the matters stated.

(4) A person guilty of an offence under this section is liable—

(a) in a case where the controlled drug is a Class A drug—

(i) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding two thousand dollars or both;

(ii) on conviction on indictment, to imprisonment for life or a fine or both;

(b) in a case where the controlled drug is a Class B drug—

(i) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding two thousand dollars or both;

(ii) on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or both;

(c) in a case where the controlled drug is a Class C drug—

(i) on summary conviction, to imprisonment for a term not exceeding three months or a fine not exceeding two thousand dollars or both;

(ii) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or both.

(5) In this section “a controlled drug” and the references to controlled drugs of a specific Class have the same meaning as in the said Ordinance of 1988; and an offence under this section shall be included in the offences to which section 34 of that Ordinance (defences) applies.

Enforcement powers.

20.—(1) The powers conferred on an enforcement officer by Schedule C to this Act shall be exercisable in relation to any ship to which section 18 or 19 above applies for the purpose of detecting and the taking of appropriate action in respect of the offences mentioned in those sections.

(2) Those powers shall not be exercised outside the landward limits of the territorial sea of Anguilla in relation to a ship registered in a Convention state except with the authority of the Governor and he shall not give his authority unless that state has in relation to that ship—

(a) requested the assistance of Anguilla for the purpose mentioned in subsection (1) above; or

(b) authorised Anguilla to act for that purpose.

(3) In giving his authority pursuant to a request or authorisation from a Convention state the Governor shall impose such conditions or limitations on the exercise of the powers as may be necessary to give effect to any conditions or limitations imposed by that state.

(4) The Governor may, either of his own motion or in response to a request from a Convention state, authorise a Convention state to exercise, in relation to an Anguillian ship, powers corresponding to those conferred on enforcement officers by Schedule C to this Act but subject to such conditions or limitations, if any, as he may impose.

(5) Subsection (4) above is without prejudice to any agreement made, or which may be made, on behalf of Anguilla whereby Anguilla undertakes not to object to the exercise by any other state in relation to an Anguillian ship of powers corresponding to those conferred by that Schedule.

(6) The powers conferred by that Schedule shall not be exercised in the territorial sea of any state other than Anguilla.

Jurisdictions and prosecutions.

21.—(1) Proceedings under this Part of this Act or Schedule C in respect of an offence on a ship may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in Anguilla.

(2) No such proceedings shall be instituted in Anguilla except by or with the consent of the Attorney General.

(3) Without prejudice to subsection (2) above no proceedings for an offence under section 19 above alleged to have been committed outside the landward limits of the territorial sea of Anguilla on a ship registered in a Convention state shall be instituted except in pursuance of the exercise with the authority of the Governor of the powers conferred by Schedule C to this Act.