Maritime Security Act 2004


7.—(1) Proceedings for an offence under section 2 in respect of an act done outside the State may be taken in any place in the State and the offence may for all incidental purposes be treated as having been committed in that place.

(2) Such an offence shall be tried by the Central Criminal Court.

(3) Where a person is charged with such an offence, no further proceedings in the matter (other than a remand in custody or on bail) shall be taken except by or with the consent of the Director of Public Prosecutions.

(4) The Director of Public Prosecutions may take, or consent to the taking of, further proceedings against a person for such an offence—

(a) if it is done in the circumstances mentioned in paragraph (a) or (b) of section 3 (1), or

(b) if it is done in the circumstances mentioned in section 3 (1)(c) and the Director is satisfied—

(i) in case a request for the person's surrender for the purpose of trying him or her for such an offence has been made by a Convention state under Part II of the Extradition Act 1965, that the request has been finally refused (whether as a result of a decision of a court or otherwise),

(ii) in case a European arrest warrant has been received for the person's arrest for the purpose of bringing proceedings against him or her for such an offence in a Convention state that is a member state of the European Communities, that a final determination has been made under the European Arrest Warrant Act 2003 , whether by refusal of the High Court to endorse the warrant or otherwise under that Act, that the person should not be surrendered to the state concerned, or

(iii) in any other case, that, because of special circumstances (including, but not limited to, the likelihood of the person not being surrendered in the circumstances mentioned in subparagraph (i) or (ii)), it is expedient that proceedings be taken against the person for such an offence.

(5) In subsection (4)(b)(ii) “European arrest warrant” has the meaning given to it by section 2 (1) of the European Arrest Warrant Act 2003 .