Protection of Military Remains Act 1986

3Extraterritorial jurisdiction.

(1)Where a contravention of subsection (2) of section 2 above occurs in international waters or an excavation or operation prohibited by subsection (3) of that section is carried out in international waters, a person shall be guilty of an offence under that section in respect of that contravention, excavation or operation only—

(a)if the acts or omissions which constitute the offence are committed in the United Kingdom, in United Kingdom waters or on board a British-controlled ship; or

(b)in a case where those acts or omissions are committed in international waters but not on board a British controlled ship, if that person is—

(i)a British citizen, a British Dependent Territories citizen or a British Overseas citizen; or

(ii)a person who under the British [1981 c. 61.] Nationality Act 1981 is a British subject; or

(iii)a British protected person (within the meaning of that Act); or

(iv)a company within the meaning of the Companies Act [1985 c. 6.] 1985 or the [1960 c. 22 (N.I.).] Companies Act (Northern Ireland) 1960.

(2)Subject to subsection (1) above, an offence under section 2 above shall, for the purpose only of conferring jurisdiction on any court, be deemed to have been committed in any place where the offender may for the time being be.

(3)Where subsection (1) above applies in relation to any contravention, excavation or operation, no proceedings for an offence under section 2 above in respect of that contravention, excavation or operation shall be instituted—

(a)in England and Wales, except by or with the consent of the Director of Public Prosecutions;

(b)in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.