Criminology 1500 words Assignment

K A T E L E W I N S

S C H O O L O F L A W

M U R D O C H U N I V E R S I T Y

The love boat – or not? crimes at sea

History of passenger ships

 Traditionally a utilitarian means of transport.

 1840s - Founder of P&O credited with being the first to invite passengers to take a ‘Mediterranean cruise’ holiday.

 1970s saw dedicated ‘cruise ships’ being built

 US the most lucrative market but China predicted to be second largest by 2017.

Nick Robins The Cruise Ship – a very British institution (the History Press, 2008)

The cruise industry in the 21st century:

 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.

 But Australia no stats

on Crimes at sea….

How does society set and enforce rules about crime?

On land….

X sexually assaults Y in Perth. both Australian residents. What law applies?

A, a citizen of Ireland, bashes B, a citizen of England, in a street in Perth. What law applies?

Z, an Australian citizen, commits sexual acts on a child in Thailand. Who can prosecute?

Why might we want the ability to prosecute for crimes that happen outside our territory?

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?

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

 Merchant ships

 Cruise ships: sexual assault, child abuse, murder. Man overboard?

 What ‘territory’ does the ship occupy?

 In port

 In territorial sea

 On the high seas…..

Crimes on board a ship at sea – practical & legal difficulties

 Practical problem:

 Need to investigate and collect evidence.

 Eg Diana Brimble

 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

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

 Report released with recommendations: July 2013

 Release of Government response: Nov 2014

H T T P : / / W W W . S M H . C O M . A U / N A T I O N A L / C R I M E S - A T - S E A - T H E - D A R K - S I D E - O F - C R U I S E - S H I P S - 2 0 1 3 0 8 1 6 - 2 S 2 6 3 . H T M L

Thank you!