The Antarctic Regulations 1995

PART 5OFFENCES UNDER THE ACT

Application of Part 5

17.  This Part applies when the Secretary of State has reasonable grounds for believing that a United Kingdom national (hereinafter referred to as “the suspect”) has committed an offence under the Act (hereinafter referred to as “the offence”) and is in any part of Antarctica or, in respect of those offences referred to in section 29(1)(a), is in any part of the area south of the Antarctic Convergence.

Arrest and conveyance in custody

18.—(1) A court in any part of the United Kingdom having jurisdiction in respect of the offence may, on the application of a person entitled under section 28 of the Act to institute proceedings in that court in respect of the offence, issue a warrant for the arrest of the suspect and his conveyance in custody to any place where he can be tried for the offence in that part of the United Kingdom.

(2) Once arrested the person the subject of the warrant (hereinafter referred to as “the accused”) shall be deemed to be in legal custody at any time when, being in the British Antarctic Territory (or any other part of Antarctica), or other British territory, or on board a British ship or British aircraft, he is being taken under the warrant to or from any place or being kept in custody under the warrant.

(3) A person authorised by the warrant to take the accused to or from any place or to keep him in custody (hereafter referred to as “the authorised person”) shall have all the powers, authority, protection and privileges

(a)when he is outside the United Kingdom, of a constable in the part of the United Kingdom to which the accused is to be taken under the warrant; or

(b)of a constable in the part of the United Kingdom in which the authorised person is for the time being.

(4) If the accused escapes he may be arrested without warrant by a constable and taken to any place to which he may be taken under the warrant.

(5) In paragraph (2)—

“British aircraft” means a British-controlled aircraft within the meaning of section 92 of the Civil Aviation Act 1982(1) (application of criminal law to aircraft) or one of Her Majesty’s aircraft;

“British hovercraft” means a British-controlled hovercraft within the meaning of that section as applied in relation to hovercraft by virtue of provisions made under the Hovercraft Act 1968(2) or one of Her Majesty’s hovercraft; and

“British ship” means a British ship for the purpose of the Merchant Shipping Acts 1894 to 1988 or one of Her Majesty’s ships;

and in this paragraph references to Her Majesty’s aircraft, hovercraft or ships are references to aircraft, hovercraft or, as the case may be, ships belonging to or exclusively employed in the service of Her Majesty in right of the Government of the United Kingdom.

(6) In paragraph (4) “constable” means

(a)in relation to any part of the United Kingdom, any person who is a constable in that or any other part of the United Kingdom or any person who at the place in question has under any enactment, including paragraph (3), the powers of a constable in that or any other part of the United Kingdom; or

(b)in relation to a British territory outside the United Kingdom, any person who is a police officer in that territory or any person who in that territory has the powers of a police officer.

Physical evidence

19.—(1) The authorised person may seize and detain any article which may be evidence connected with the offence and convey it to any place in the United Kingdom where the accused can be tried.

(2) Where it is necessary for any article to be accompanied by any certificate, affidavit or other verifying document the authorised person shall also furnish for transmission such document of that nature as may be specified in any direction given by the Secretary of State.

(3) Where the article consists of a document, the original or a copy may be transmitted, and where it consists of any other article the article itself or a description, photograph or other representation of it may be transmitted.

Attendance of witnesses

20.—(1) This regulation applies where the Secretary of State is notified by the court in the place in the United Kingdom where the accused is being tried or is to be tried that a United Kingdom national who has been called to give evidence (hereinafter referred to as “the witness”) has failed to comply with the order of the court, or is believed by the court to be unlikely to comply, and is in Antarctica or in the area south of the Antarctic Convergence, as the case may be.

(2) If the Secretary of State receives a notification in accordance with paragraph (1) he may issue a warrant for the arrest of the witness.

(3) The provisions of paragraphs (2) to (6) of regulation 18 shall apply to the arrest and conveyance in custody of the witness as they apply to the accused.

(4) Once in the United Kingdom the witness shall be delivered by the authorised person to the court which made the notification under paragraph (1).