Common use of Criminal Jurisdiction Clause in Contracts

Criminal Jurisdiction. 6.1 Subject to Article 3.9, the law enforcement agency of the host State shall be responsible for maintaining peace, security, law and order and dealing with non border controls related criminal offences in the control zone. With respect to border controls related criminal offences, the law enforcement agencies of the Parties shall have jurisdiction to assist border controls agencies in effecting their controls in terms of the provisions of their national laws, Nothing in this Article shall prevent law enforcement agencies of the Parties from carrying out independent border control activities in the control zone as mandated by their national laws. 6.2 Nothing in this Agreement shall be interpreted as restricting the jurisdiction of the host State to maintain law and order and to prosecute under its laws such offences committed within its territory. 6.3 Notwithstanding Article 5.4, a law enforcement Officer of the adjoining State may in the control zone in the host State, arrest a person exiting the host State— (a) provided such arrest is authorized by a warrant issued by a court in the adjoining State; or (b) the name and description or both, together with particulars of an arrestable offence of which there are reasonable grounds for suspecting such person to have committed an offence, have been made available by the competent authorities of the adjoining State to the competent authorities of the host State. 6.4 The law enforcement agencies of the host State shall, upon request, assist those of the adjoining State in effecting their mandated controls in the control zone including without limitation, the provision of secure holding cells and related facilities. 6.5 The Parties may, as necessitated by circumstances, agree to parameters for carrying out security related joint border control patrols in each other’s territory involving border control Officers and consistent with the principles contained in this Agreement to facilitate the fight against cross-border crime. Such parameters to be agreed on and described in a Schedule which shall be annexed hereto and shall inter alia, include a clear and precise definition of the extent of each other’s territory to be covered by such joint patrols, jurisdiction and powers of the Officers involved in such joint patrols, provisions relating to the carrying and use of arms by the Officers during such joint patrols, and command and control structures of such joint patrols.