Criminalisation of the Mariner
Expand your knowledge and continue your professional development with The Nautical Institute's Criminalisation of the Mariner two-day course
The Master has always been subject to the Law of the Flag State; theirs is the ultimate authority for that vessel and they are responsible to the Flag State for compliance with its maritime regulations. While the Master retains absolute discretion, they remain accountable for their command decisions. But the Master had better have good evidence that they managed the risk to the expected standard.
The seafarer has a duty to take the standard of care, reasonably expected of such a professional in his position, to guard against acts or omissions which might cause loss and give rise to a claim in negligence. But in what circumstances will the seafarer's default amount to a crime? This introduces us to the phenomenon of accountability that takes us beyond civil liability to criminal negligence
The Nautical Institute's Criminalisation of the Mariner is designed to provide participants with the opportunity to critically evaluate the development, aims and application of the modern law of criminal accountability and to enable them to resolve problems by risk management within the context of marine operations.
The aim will be achieved by developing skills which:
1. Synthesise and appraise information and apply it effectively to legal theory with a view to resolving problem scenarios.
2. Generate persuasive conclusions or practical solutions to complex problems arising in criminal accountability.
3. Exercise informed critical judgment to reflect upon and evaluate personal objectives and their achievement.
The Nautical Institute's Criminalisation of the Mariner covers the below course modules/topics;
- What is a Crime?
- Criminalisation and human rights
- Prosecuting the offender
- Strict Liability: its use and abuse
- Proving the case
Where does the Master stand in this?
Interactive case study: What is your verdict?
Practical guidance and the two 'golden rules'
At the end of day one of the course candidates will be assigned a task. This must be completed before the stat of day two. Participants are required to present and discuss the verdict/outcome/findings of their own own mini investigation on day two.
At the end of The Nautical Institute's Criminalisation of the Mariner, candidates will receive a Certifiate of Completion.