Week 3 - Crimes at Sea - Lecture notes 3 PDF

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Lecture – The Love Boat Crimes at Sea -

Hard to deal with as crimes at sea as they are not in any particular country

History of passenger ships -

Travelling by ship was the only means of getting around before the invention of cheap airlines 1840s – Founder of P&O credited for being the first to take a cruise ship for pleasure purposes around the Mediterranean 1970s – Cruise ships were finally being built for the sole purpose of entertainment US was the leader in cruise ships but other countries are slowly catching on – especially China

Cruise industry in 21st century - Does more people = more crime? - Cultural interaction/blend and alcohol consumption lead to more crime perhaps? - Inhibition lowered perhaps, leads to spike in crime - Australia has no requirements to keep stats on crime at sea on cruise ships How does society set and enforce rules on crimes? - Typically, parliament lays down laws and enforced by police and courts and punishment is handed out to those that break those laws - What if citizen of Ireland bashes an English person, on a Perth street? What law applies? Country of location has sovereignty and decides what happens - Possible for country to take control of a situation if a citizen of a another country commits a crime elsewhere = longarm jurisdiction - Active personality jurisdiction= citizen is always accountable no matter where the crime is taking place - Bali Bombings, a good example on how a country exercises its jurisdiction - Countries have limited resources and infrastructure and therefore there is an overlap in jurisdiction, complications in what to do with the accused and the victims So what happens to crime at sea - Countries can apply their own laws up to 12 nautical miles out to sea - Beyond that, international law takes place - High seas don’t belong to any country so how do we deal with crimes that take place? Crime on board cruise ships - Dudley & Stephens (1884), crew of shipwreck resorted to cannibalism in order to survive - The two surviving men who committed guilty but pardoned by the Queen and served a smaller sentence - Forensic evidence can be contaminated and proven to be hard to sell in a court of law

What “territory” does the ship occupy? - In port, it’s the Port State so a port in Freo is under Australian law - In territorial sea, again it’s WA police can take jurisdiction - At the high seas, it’s the UN Convention on Law of the Seas, law of the flag state is the law applicable on that ship - Flag state is the one charge but is not always in a postion to do so (country may have limited resources and manpower for police like the Bahamas) - Master can call in assistance from other country or port and they can deal with the crime - Longarm jurisdiction can also take place so it’s easy to get caught up in who deals with what -...