Page 279 - Magistrates Conference 2019

Legal Reasons for a Customs Prosecution

Territorial Jurisdiction (Presumption)

• Given that Customs laws are geared towards border

control, territorial jurisdiction (presumption) is sometimes

enshrined. This varies in substance in jurisdictions and

should be approached with caution.

• In Fedna Stoll v. J D’Olivieria (1968) 13 WIR 204, the

Court observed: “By its very terms [s 258] is framed in the

alternative. The reason for this is obvious. It precludes a

defendant from questioning the magistrate's jurisdiction if,

for the sake of convenience, he is apprehended within the

territorial waters off the shores of the boundaries of one

jurisdiction and is taken to, for example, a port situate in

another jurisdiction.”