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Old 06-11-2015, 12:19   #16
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Re: Jurisdiction Question

My guess is no country will care... enough to do anything.
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Old 06-11-2015, 16:52   #17
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Re: Jurisdiction Question

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This made me laugh......it sounds like English....I think I follow it.....but......


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It's the Queen's English
Which bit are you having trouble with...
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Old 06-11-2015, 17:07   #18
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Re: Jurisdiction Question

Is that Queen Prescilla's English you speak down there?....
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Old 06-11-2015, 17:09   #19
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Re: Jurisdiction Question

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It's the Queen's English
Which bit are you having trouble with...

Well, since you asked......"first cab off the rank". And wallopers.

My spell check keeps wanting wallpaper.


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Old 06-11-2015, 17:20   #20
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Re: Jurisdiction Question

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Well, since you asked......"first cab off the rank". And wallopers.

My spell check keeps wanting wallpaper.


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OK, in Merican let's try "first taxi off the rank" - that better???

As for wallopers, it's the plural of the noun of the verb "to wallop". As in Wallop - definition of wallop by The Free Dictionary

It's what LEOs do all around the world

Wallpaper is we other folk sit while watching the wallopers go about their business
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Old 06-11-2015, 17:22   #21
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Re: Jurisdiction Question

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Is that Queen Prescilla's English you speak down there?....
Hey, I resemble that remark...
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Old 07-11-2015, 03:37   #22
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Re: Jurisdiction Question

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Perhaps a very silly question but in the English law tradition, wouldn't the country of the perpetrator only be known AFTER a guilty finding at trial. Prior to that event, there is no known perpetrator...
Or have I missed something basic here?
You've missed nothing. You are right, and the bullet should have read the country of the "accused" (not perpetrator).
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Old 07-11-2015, 06:52   #23
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Re: Jurisdiction Question

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The alleged criminal could be prosecuted by any of:
- the country in which the vessel is registered (flag state)
- the country of the victim
- the country of the perpetrator
- the United States.
The last bullet isn't a joke - the US often enforces its laws in international waters.
Interested readers might find the case of Achille Lauro illuminating
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Old 07-11-2015, 07:25   #24
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Re: Jurisdiction Question

In some instances the victim will have not only a criminal right, usually prosecuted by the "state," but a civil right of action. The victim turned plaintiff will get to choose the forum most advantageous to them within the rules of jurisdiction.
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Old 07-11-2015, 10:05   #25
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Re: Jurisdiction Question

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You've missed nothing. You are right, and the bullet should have read the country of the "accused" (not perpetrator).
My Bad!
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Old 07-11-2015, 10:59   #26
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Re: Jurisdiction Question

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In some instances the victim will have not only a criminal right, usually prosecuted by the "state," but a civil right of action. The victim turned plaintiff will get to choose the forum most advantageous to them within the rules of jurisdiction.
Getting a judgement may be the easiest part - enforcement can often be a different matter. Given the remedy under common law/ maritime law is normally damages, one the boat has sailed often so has the chance to enforce rights.

In my fathers case (which occurred in state waters) he was luckily able to enforce one of his rights (that of an unpaid Master) at a later date. That only happened because he was in the right place at the right time and the harbour master was an old friend and former manager.

The VERY serious criminal matters were never addressed in a court.
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