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Maritime Transport Act 1994

General offences and provisions in relation to offences and appeals under this Act - General provisions in respect of offences

414: Presumption as to master of ship

You could also call this:

"Who's in charge of a ship is assumed to be true unless proven wrong"

If you are in court for breaking a maritime law, the prosecutor might say someone was or was not in charge of a ship. You are assumed to be telling the truth about who was in charge unless someone proves otherwise. This assumption is made even if the prosecutor does not give extra evidence to support what they are saying.

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Part 28General offences and provisions in relation to offences and appeals under this Act
General provisions in respect of offences

414Presumption as to master of ship

  1. Where, in any proceedings for an offence against this Act or any regulations made under this Act, the prosecutor alleges in any charge that any person was, or was not, the master of any ship at any specified time, the allegation shall be presumed to be true in the absence of proof to the contrary.

  2. The presumption in subsection (1) shall apply whether or not separate or further evidence is adduced by or on behalf of the prosecutor in support of the relevant allegation or presumption.

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Notes
  • Section 414(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 414(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).