The Judicial Proceedings in Specified Overseas Territories (Restrictive Measures) Order 2009

• Citation: S.I. 2009/888
• Sections: 6

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Judicial Proceedings in Specified Overseas Territories (Restrictive Measures) Order 2009 and shall come into force on 30th April 2009.

(2) This article extends to both:

(a) the Sovereign Base Areas of Akrotiri and Dhekelia; and

(b) the Falkland Islands, South Georgia and the South Sandwich Islands, the British Antarctic Territory, Saint Helena and Dependencies, the British Indian Ocean Territory, and Pitcairn, Henderson, Ducie and Oeno Islands.

(3) The remainder of this Order extends to those territories so far as:

(a) each instrument specified in a heading of Schedule 1 extends to those territories; and

(b) any modification below applies to them.

Section 2 Modification formula

(1) This article relates to each instrument specified in a heading of Schedule 1.

(2) In its application to the Sovereign Base Areas of Akrotiri and Dhekelia, each existing provision of that instrument entered in column 1 of Schedule 1 is to be read as modified by the modifying provision in article 3 specified in the corresponding entry in column 2.

(3) In its application to the Falkland Islands, South Georgia and the South Sandwich Islands, the British Antarctic Territory, Saint Helena and Dependencies, the British Indian Ocean Territory, and Pitcairn, Henderson, Ducie and Oeno Islands, each instrument for which a new provision is entered in column 1 of Schedule 1 is to be read as modified by—

(a) the addition of that new provision, and

(b) the text of that new provision being inserted as set out in the supplementing provision in article 4 specified in the corresponding entry in column 2.

Section 3 General modifying provisions applicable to the Sovereign Base Areas of Akrotiri and Dhekelia

The modifying provisions referred to in article 2(2) are as follows—

(a) the words “Any person who commits an offence” are replaced by the following words: “Any person guilty of an offence”;

(b) the words “if tried on information before the Senior Judge’s Court,” are omitted;

(c) the words “if tried before the Judge’s Court, to imprisonment for a term not exceeding six months, or to a fine not exceeding £5,000 or its equivalent, or to both” are omitted;

(d) the words “is guilty of a misdemeanour and” are omitted; and

(e) the words “Proceedings for a misdemeanour under this Order, being an offence alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.” are omitted.

Section 4 General supplementing provision applicable to the Falkland Islands, South Georgia and the South Sandwich Islands, the British Antarctic Territory, Saint Helena and Dependencies, the British Indian Ocean Territory, and Pitcairn, Henderson, Ducie and Oeno Islands

The supplementing provision referred to in article 2 (3)(b) is as follows: “When the Magistrate’s Court is sentencing a person following summary conviction for an offence under this Order, alternatively to the penalties applicable to that offence upon summary conviction, there shall be available to the Magistrate’s Court any penalties which would be applicable upon conviction for that offence on indictment.”

Section 5 Specific modifying provisions applicable to the Sovereign Base Areas of Akrotiri and Dhekelia

(1) The provisions of the following instruments are to be read as further modified in relation to the Sovereign Base Areas of Akrotiri and Dhekelia in accordance with the following paragraphs.

(2) In Schedule 2 to the Iraq (United Nations Sanctions) (Overseas Territories) Order 2000 , the words “if tried before the Judge’s Court, to imprisonment for a term not exceeding six months, or a fine not exceeding £5,000 or its equivalent, or both” in paragraph 1 are omitted.

(3) In Schedule 2 to the Lebanon and Syria (United Nations Measures) (Overseas Territories) Order 2006 , paragraph 6 is omitted.

(4) In Schedule 2 to the North Korea (United Nations Measures) (Overseas Territories) Order 2006 :

(a) the words “on indictment” and “and on summary conviction to a fine not exceeding £5,000 or its equivalent or to both” in paragraph 3;

(b) the word “summary” where it occurs in paragraphs 4 and 5; and

(c) paragraph 7,

are omitted.

(5) In Schedule 2 to the Overseas Territories (Zimbabwe) (Restrictive Measures) Order 2002 , the words “if tried before the Judge’s Court, to imprisonment for a term not exceeding three months, or to a fine not exceeding £5,000 or its equivalent, or to both” in paragraph 1 are omitted.

(6) In Schedule 5 to the Trade in Goods (Control) (Overseas Territories) Order 2004 , the words “if tried before the Judge’s Court, to a fine not exceeding £5,000 or the equivalent, or to imprisonment for a term not exceeding six months, or to both” in paragraph 2 are omitted.

(7) In Schedule 5 to the Trade in Controlled Goods (Embargoed Destinations) (Overseas Territories) Order 2004 , the words “guilty of a misdemeanour and” where they occur in paragraphs 1 and 3, and the words “if tried before the Judge’s Court, to a fine not exceeding £5,000 or the equivalent, or to imprisonment for a term not exceeding six months, or to both” in paragraph 2 are omitted.

(8) In the United Nations Arms Embargoes (Dependent Territories) Order 1995 , for article 11, there is substituted the article so numbered in Schedule 2.

Section 11

(1) Any person guilty of an offence under article 3(3) or article 8(3) or (3A) of this Order shall be liable on conviction to imprisonment for a term not exceeding seven years or to a fine or to both.

(2) Any person guilty of an offence under article 9(10)(b)(ii) of this Order or paragraph 5(b) or (d) of Schedule 3 to this Order shall be liable on conviction to imprisonment for a term not exceeding two years or to a fine or to both.

(3) Any person guilty of an offence under article 6(1) or (2) or article 7(3) of this Order shall be liable on conviction to imprisonment for a term not exceeding two years or to a fine or to both.

(4) Any person guilty of an offence under article 7(2) of this Order shall be liable on conviction to a fine not exceeding £5,000 or its equivalent.

(5) Any person guilty of an offence under article 9(10)(a), (b)(i) or (c) of this Order or paragraph 5(a) or (c) of Schedule 3 to this Order shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.

(6) Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.

(7) Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.

(8) No proceedings for an offence under this Order shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions:

Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.