The
Falkland Islands Courts (Overseas Jurisdiction) (Amendment) Order
2017
2017 No. 777
SOUTH ATLANTIC TERRITORIES
The Falkland Islands Courts (Overseas Jurisdiction)
(Amendment) Order 2017
Laid before Parliament 26th July 2017
Coming into force 21st August 2017
At the Court at Buckingham Palace, the 19th day of July
2017
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon
Her by the British Settlements Acts 1887 and
1945(), is pleased, by
and with the advice of Her Privy Council, to order as
follows:
Citation, commencement and interpretation
1.—(1) This Order may be cited as the
Falkland Islands Courts (Overseas Jurisdiction) (Amendment)
Order 2017 and comes into force on 21st August 2017.
(2) In this Order, “the principal Order” means the
Falkland Islands Courts (Overseas Jurisdiction) Order
1989().
Amendments to the principal Order
2.—(1) In
section 4(2)(d) of the principal Order, after “of any
person charged with such an offence” insert “, or against
whom an information has been laid in accordance with
article 5(3) of this Order,”.
(2) In section 5(3) of the principal Order, after
“that a person in the Falkland Islands” insert “or in a
Territory”.
Transitional provision
3. Article 2 applies in respect
of offences committed after this Order comes into force.
Richard Tilbrook
Clerk of the Privy Council
EXPLANATORY NOTE
This Order amends the Falkland Islands Courts (Overseas
Jurisdiction) Order 1989 (S.I. 1989/2399) (“the
1989 Order”) to allow proceedings to be commenced by way of
an information before the courts of the Falkland Islands
where a person commits an offence or is suspected of
committing an offence under the law of South Georgia and
South Sandwich Islands or the British Antarctic Territory
(“the Territories”), whether that person is in one of the
Territories or in the Falkland Islands.
Whilst it is possible to commence proceedings by
information against a person in regard to an offence under
the law of one of the Territories in the Falkland Islands
Courts, under the 1989 Order as originally enacted this was
only possible when the person was in the Falkland Islands.
There was no provision to allow proceedings to be commenced
in the Falkland Islands Courts in relation to a person who
was in one of the Territories. This amendment to the 1989
Order ensures that in the event an individual is suspected
of committing a criminal offence in one of the Territories,
an information can be laid against them for that offence
whilst they are in that Territory.
