Below here I have two different notes for the same chapter. Please combine them and then explain in a way that I can memorize everything for my exam tomorrow. DON'T use baby language:

Chapter 3: The Love Boat – or not? – Crimes at Sea

(NOTES #1)
History of passenger ships:
• Traditionally a utilitarian means of transport
• 1840 → founder of P&O credited with being the first to invite passengers to take a
‘Mediterranean cruise’ holiday
• 1970s → saw dedicated ‘cruise ships’ being build
• US the most lucrative market but China predicted to be second largest by 2017
The Cruise Industry in the 21st Century – does more people = more crime
• 22 million passengers in 2014 (up 68% in a decade)
• Economic impact of US$117 billion annually worldwide (891,000 full time jobs)
• 33 new ships to be delivered by 2020 (source: CLIA )
• Australians cruising at record pace – up 20% to 1M in 2014: SIXFOLD INCREASE in a decade.
Rate of Crime on Cruise Ships:
• No statistics in Australia
• Many factors play a role in crime on cruise ships:
o Mix nationalities
o Small confined space
o Misreading of cues
o Alcohol
o More relaxed and off guard
o Complacent
o Careless
o Lowering of guard, “moral holiday”, free for all
How does society set and enforce rules about crime?
• On land….
• X sexually assaults Y in Perth. both Australian residents. What law applies? Australian Law
• A, a citizen of Ireland, bashes B, a citizen of England, in a street in Perth. What law applies?
Country where assault has happened has seventy and country where crime occurs is in
charge OR A is held in court in Ireland
• Z, an Australian citizen, commits sexual acts on a child in Thailand. Who can prosecute?
Capable of being prosecuted under Australian Law
• Extraterritorial (or long-arm) jurisdiction: where a country wishes to apply its own laws to a
situation involving its citizens, notwithstanding that the offence (crime) was committed
elsewhere.
• Extraterritorial jurisdiction can also be applied this way: those who commit offences
against foreign nationals, can be prosecuted in that foreign national's court, e.g. persons
who were responsible for the Bali Bombings.
• Active Personality Persecution: if a citizen if involved in a crime, they are always
accountable in their country
• Overlapping jurisdictions in countries interested in prosecuting the same crime
Australia: Legislator 12 nautical miles out to sea
Crime on board a cruise ship:
• Crime on board a ship is rare, but it does happen.
• Examples:
o R v Dudley & Stephens (1884) 14 QBD 273
o Merchant ships
o Cruise ships: sexual assault, child abuse, murder. Man overboard?
• What ‘territory’ does the ship occupy?
o In port, e.g. Port of Free, law of Australia applies
o In territorial sea
o On the high seas → rule of law determined by Law of the Seas (UNCLOS)
• Flag of the ship of the ‘flag state’ → responsible for crimes on ships, not always in a position
to do so
• Assistance of a near-by country OR next port → responsible for dealing with, naturally had
jurisdiction
• Long arm jurisdiction or home country
• Flag state needs to liaise with other countries
Practical and legal difficulties:
• Practical problem:
o Need to investigate and collect evidence
o E.g. Diana Brimble
• Legal problem – which country can prosecute?
• Must have laws in place to justify a right to prosecute the accused for crimes committed
outside Australia
• Involves a complex web of international laws concerning transnational crimes and regulation
of ships generally
Brimble Inquiry:
• US: Cruise Vessel Security & Safety Act (2010) ‘Kerry Act’.
• National Protocols for Reporting Crimes at Sea
• Troubled waters: Inquiry into the arrangements surrounding crimes committed at sea
o Report released with recommendations: July 2013
o Release of Government response: Nov 2014

(NOTES #2)
Crime at sea poses a particular issue as dealing with a crime that is not in a particular country’s
territories

The cruise industry in the 21st century
 Traditionally a utilitarian means of transport; however now the cruise industry takes 22 million
passengers in 2014 (up 68% in a decade)
 Rate of crime in cruise ships appears to be low (although in Australia there are no stats on
crimes at sea as there is no requirement for these stats)
How does society set and enforce rules about crimes?
 Within each country the parliament hands down laws and police enforce the laws, and
punishment is handed to those who breach these laws,
o But that applies it all takes place in a state or place
 The country where the assault happens has sovereignty of the crime at play
 The country where the crime occurs is in charge of punishment and prosecution
What are the 4 types of jurisdiction?
1. Exclusive jurisdiction. Only federal courts have authority to hear, state courts cannot.
2. Concurrent Jurisdiction. Federal or state courts could hear.
3. Original Jurisdiction. Court is the first one to hear case.
4. Appellate Jurisdiction. Court can only hear a case on appeal.
Active personality jurisdiction = where citizen is accused, no matter where crime is committed
that citizen is always accountable to that country
Long arm Jurisdiction or Extra territorial Law
 when a Country has a right to deal with a crime that its citizen has committed in another
country
 countries may exercise their rights to defend their citizens in another country
 Why might we want the ability to prosecute..?
o for crimes that happen outside our territory – to assist individual as some forms of
punishment will or may be worse in other countries and/ or jurisdictions
 Overlapping Jurisdiction – different countries who are all potentially interested in
prosecuting the same crime... Who defends people that are on ships
 Why do you think other countries might be less than happy about this? And what is
the result of different countries all having the right to prosecute?
o Each country has a territorial range around the country - 12 miles across sea or
coastline
o High Seas do not belong to any country – so who prosecutes on Cruise Liners
Crime on board a cruise ship
Crime on board a ship is rare, but it does happen 
Examples
 R v Dudley & stephens (1884) 14 QBD 273
o Merchant ships
o Cruise ships: sexual assault, murder, man overboard?
What territory does the ship occupy?
o In port: occupy the territory of the port state – so country where they are visiting e.g.
if cruise ship is port on Fremantle then Australian law applies
o In territorial sea: within 12 nautical mile range then belongs to that country
jurisdiction
o On the high seas: by the UN convection – all countries of the world have signed up
and recognise that all law of the flag state is applicable on that ship
Flag state
 Law of the flag states on the ship – registration of the ship owner facilities as ‘flag of city’
countries – therefore the pace of registration is where the ship owe its laws to serve to
crimes
 What are the flag states for the current cruise ships that are at sea filled with clients with
corona virus
 Flag state Jurisdiction – country where ship is registered
 Next Port Jurisdiction – is required to take the responsibility of the crime
 long arm jurisdiction – country of citizen assists
Practical and legal problems of crime on ships:
 Communications between countries as to where the crime is going to be
prosecuted
o particularly the flag state which needs to collect evidence and investigate the crime
 collection of evidence from crimes at sea or on a ship
o unprofessional and quality is problematic as it can be mishandled or contaminated
o need to investigate and collect evidence
 Legal problem: which country can prosecute?
 Must have laws in place to justify a right to prosecute the accused for crime committed
outside Australia
 Involves a complex web of international law concerning transnational crime and regulation
of ships generally