Criminal Justice (International Co-Operation) (Bermuda) Amen

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1999/Acts/Criminal%20Justice%20%28International%20Co-Operation%29%20%28Bermuda%29%20Amen.pdf
Published: 1999

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Criminal Justice (International Co-Operation) (Bermuda) Amendment Act 1999
CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION)
(BERMUDA) AMENDMENT ACT 1999

1

BERMUDA
1999 : 20

CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION)
(BERMUDA) AMENDMENT ACT 1999

[Date of Assent 5 July 1999]

[Operative Date 5 July 1999]

WHEREAS it is expedient to enable Bermuda to join with other
countries and territories to further enhance the effectiveness of
combating illicit traffic by sea:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title and interpretation
1 (1) This Act may be cited as the Criminal Justice (International
Co-Operation) (Bermuda) Amendment Act 1999.

(2) In this Act "the principal Act" means the Criminal Justice
(International Co-operation) (Bermuda) Act 1994.

Inserts section 18A
2 The principal Act is amended by inserting the following new
section after section 18

CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION)
(BERMUDA) AMENDMENT ACT 1999

2

"Enforcement powers of Convention state in territorial
waters
18A (1) Subject to this section, a Convention state may,
under an agreement made or which may be made by or on
behalf of Bermuda, exercise in relation to a ship in the territorial
waters of Bermuda, powers corresponding to those conferred on
enforcement officers by Schedule 3.

(2) A Convention state may exercise those powers in
relation to

(a) any ship,when so authorised by an enforcement
officer of Bermuda who is embarked on an
enforcement vessel of the Convention State;

(b) any ship which is pursued into the territorial
waters of Bermuda by an enforcement vessel of
the Convention state, or

(c) a ship other than a ship registered in Bermuda,

for the purpose of detecting and taking appropriate action in
respect of drug offences.

(3) A Convention state shall, before exercising the
powers referred to in subsections (2)(b) and (c),

(a) give advance notice of its proposed action in
relation to the ship to an enforcement officer of
Bermuda;

(b) where it was not practical to do so at the time ,
notify such officer of any action taken in relation
to the ship as soon as possible after its
occurrence.

(4) A Convention state shall not exercise the powers
referred to in subsections (2)(b) and (c) unless an enforcement
vessel of Bermuda is not immediately available to exercise
enforcement powers in relation to the ship.".

Amends section 21
3 Section 21(1) of the principal Act is amended by inserting the
following definitions in the appropriate alphabetical order

""enforcement vessel of a Convention state" means a warship or
other ship of that state or territory, authorised by the state or
territory to be on its service other than its commercial service,
clearly identifiable as being on such service and having on

CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION)
(BERMUDA) AMENDMENT ACT 1999

3

board law enforcement officials of that state or territory and
includes any boat or aircraft carried on such ship;

"enforcement vessel of Bermuda" means a vessel operated by the
Bermuda Police Service or by the Customs Department;"."