Page 292 - Magistrates Conference 2019

contiguous zone beyond the territorial sea of a State. Notably, in the region, article 33(1)(a) has
1
been widely incorporated into the domestic law of nations.
Further, the unique jurisdictional position of Customs law has also been widely encapsulated
2
in the following provision, which is identical in Guyana, Jamaica and Trinidad and Tobago and
3
exists with modifications in other Caribbean nations :

“Every offence under the Customs laws shall be deemed to have been committed

and every cause of complaint to have arisen either in the place in which it actually

was committed or arose, or in any place on land where the offender or person
prosecuted may be or is brought.”

In Fedna Stoll v. J D’Olivieria (1968) 13 WIR 204, the Supreme Court of Guyana considered the

equivalent of section 258 of the Customs Act. At page 209 of Fedna Stoll, Bollers CJ opined
that:

“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.

Section [258] in effect, gives the Comptroller of Customs an election as to the

1 See Antigua and Barbuda: Section 6(2) of the Territorial Waters Act No. 18 of 1982, the Bahamas:
Section 9(1)(c) of the Archipelagic Waters and Maritime Jurisdiction Act, Barbados: Section 20(1)(e) of
the Marine Boundaries and Jurisdiction Act Cap 387, Dominica: Section 2 of the Territorial Sea,
Contiguous Zone, Exclusive Economic and Fishery Zones Act Cap 1.11, Grenada: Section 9(3) of the
Territorial Sea and Maritime Boundaries Act No.17 of 1978, Guyana: Section 19(1) of the Maritime Zones
Act CAP 63:01, Jamaica: Section 20(1) of the Maritime Areas Act 25 of 1996, St. Kitts and Nevis: Section
11 of the Maritime Areas Act No.3 of 1984, St. Lucia: Section 11 of the Maritime Areas Act 1984, St.
Vincent and the Grenadines: Section 19(a) of the Maritime Areas Act 1983 and Trinidad and Tobago:
Section 6A of the Territorial Sea Act Chap 1:51
2 See Guyana: Section 261 of the Customs Act Chap 82:01, Jamaica: Section 245 of the Customs Act
and Trinidad and Tobago: Section 251 of the Customs Act Chap 78:01
3 See Antigua and Barbuda: Section 220 of the Customs (Control and Management) Act 2013, Dominica:
Section 235 of the Customs Act 20 of 2010, Grenada: Section 226 of the Customs Act 9 of 2015 and St.
Kitts and Nevis: section 231 of the Customs Act 19 of 2014. Interestingly, in Barbados (see section 217 of
the Customs Act Cap 66), it would appear that the substitution of the word “offence” with the words
“cause of action” is meant to confine the provision to civil proceedings

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