законодательной базы данных

4. Application of Act - (1) This Act applies to all offences for which the offender may be proceeded against and tried in the Cook Islands.

(2) This Act applies to all acts done or omitted in the Cook Islands.

5. Persons not to be tried in respect of things done outside the Cook Islands - Subject to the provisions of section 6 of this Act, no act done or omitted outside the Cook Islands is an offence, unless it is an offence by virtue of any provision of this Act or of any other enactment.

6. Place of commission of offence - For the purpose of jurisdiction, where any act or omission forming part of any offence, or any event necessary to the completion of any offence, occurs in the Cook Islands, the offence shall be deemed to be committed in the Cook Islands, whether the person charged with the offence was in the Cook Islands or not at the time of the act, omission, or event.

7. Jurisdiction in respect of crimes on ships or aircraft beyond the Cook Islands - (1) This section applies to any act done or omitted beyond the Cook Islands by any person -

(a) On board any Commonwealth ship; or

(b) On board any Cook Islands aircraft; or

(c) On board any ship or aircraft, if that person arrives in the Cook Islands on that ship or aircraft in the course or at the end of a journey during which the act was done or omitted; or

(d) Being a British subject, on board any foreign ship (not being a ship to which he belongs) on the high seas, or on board any such ship within the territorial waters of any Commonwealth country; or

(e) Being a person ordinarily resident in the Cook Islands, on board any aircraft:

Provided that paragraph (c) of this subsection shall not apply where the act was done or omitted by a person, not being a British subject, on any ship or aircraft for the time being used as a ship or aircraft of any of the armed forces of a country that is not a Commonwealth country.

(2) Where any person does or omits any act to which this section applies, and that act or omission would, if it occurred within the Cook Islands, be a crime under this Act or under any other enactment (whether that enactment was passed before or after the commencement of this Act), the, subject to the provisions of this Act and of that other enactment, he shall be liable on conviction as if the act or omission had occurred in the Cook Islands:

Provided that where any proceedings are taken by virtue of the jurisdiction conferred by this section it shall be a defence to prove that the act or omission would not have been an offence under the law of the country of which the person charged was a national or citizen at the time of the act or omission, if it had occurred in that country.

(3) Where at any place beyond the Cook Islands any person who belongs, or within three months previously has belonged, to any Commonwealth ship does or omits any act, whether on shore or afloat, not being an act or omission to which subsection (1), of this section applies, and that act or omission would, if it occurred within the Cook Islands, be a crime, then this section shall apply in respect of that act or omission in the same manner in all respects as it had occurred on board a Commonwealth ship.

(4) The provisions of this sections shall have the same operation in relation to the Republic of Ireland and to the citizens thereof, and to ships registered therein or belonging thereto, and to persons who belong or have belonged to those ships, and to all other persons on board those ships, as if the Republic of Ireland were a Commonwealth country and as if the citizens thereof were British subjects.

(5) This section shall be read subject to the provisions of section 412 of this Act.

(6) In this section, the expression "British subject" includes a British protected person within the meaning of the British Nationality and Citizenship Act 1948 of the New Zealand Parliament.

(7) Nothing in this section shall apply with respect to any crime against the Shipping Ordinance 1963.

7A. Extraterritorial jurisdiction in respect of certain offences with transnational aspects - (1) Even if the acts or omissions alleged to constitute the offence occurred wholly outside the Cook Islands proceedings may be brought for an offence against section 109A, section 109C, section 109D, any of sections 111 to 116, section 127, section 128, or section 280A –

(a) if the person to be charged –

(i) is ordinarily resident in the Cook Islands; or

(ii) has been found in the Cook Islands and has not been extradited; or

(iii) is a body corporate, or a corporation sole, incorporated under the law of the Cook Islands;

(b) if any of the acts or omissions is alleged to have occurred -

(i) on board a ship registered or required to be registered under the Shipping Act 1998; or

(ii) on board a Cook Islands aircraft; or

(iii) on board an aircraft that is leased to a lessee whose principal place of business is in the Cook Islands, or who is a person ordinarily resident in the Cook Islands;

(c) if a person in respect of whom the offence is alleged to have been committed is ordinarily resident in the Cook Islands;

(d) in the case of an offence against section 109A, if the group of people in which the person to be charged is alleged to have participated are alleged to have as their objective or one of their objectives the obtaining of material benefits by the commission in the Cook Islands of offences or conduct referred to in paragraph (a) or paragraph (b) of section 109A (2).

(2) Even if the acts or omissions alleged to constitute the offence occurred wholly outside the Cook Islands, proceedings may be brought for an offence against section 109C or section 109D -

(a) in the case of an offence against section 109C(1) or section 109D, if the act or omission is alleged to relate to the entry of a person into the Cook Islands; or

(b) in the case of an offence against section 109C(2), if the act or omission is alleged to relate to arranging the bringing of a person to the Cook Islands.

(3) Section 8 shall not apply to an offence referred to in subsection (1).

(4) Nothing in subsections (1) to (3) limits or affects -

(a) the application of section 7 to the occurrence in the Cook Islands of:

(i) an act or omission forming part of an offence; or

(ii) an event necessary to the completion of an offence.

[Added Act 2003/6]

7B. Attorney-General's consent required where jurisdiction claimed under section 7A - (1) Proceedings for an offence against section 109A, section 127, section 128, or section 280A cannot be brought in the High Court against a person without the Attorney-General's consent, if jurisdiction over the person is claimed by virtue of section 7A.

(2) A person over whom jurisdiction is claimed by virtue of section 7A may be arrested for an offence against section 109A, section 127, section 128, or section 280A or a warrant for the person's arrest for the offence may be issued and executed, and the person may be remanded in custody or on bail, even though the Attorney-General's consent to the bringing of proceedings against the person has not been obtained.

[Added Act 2003/6]