{
  "url": "https://openlegislation.uk/falkland-islands-courts-overseas-jurisdiction-order-1989/article-5",
  "json_url": "https://openlegislation.uk/falkland-islands-courts-overseas-jurisdiction-order-1989/article-5.json",
  "legislation": "uksi/1989/2399",
  "legislation_title": "The Falkland Islands Courts (Overseas Jurisdiction) Order 1989",
  "legislation_url": "https://openlegislation.uk/falkland-islands-courts-overseas-jurisdiction-order-1989",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "Institution of criminal proceedings under Territory law before Falkland Islands courts.",
  "text": "(1) Where a person who is charged with an offence under the law of a Territory is committed by a court of the Territory for trial by the Supreme Court or the Magistrate’s Court of the Territory, the committing court—\n(a) may, at the time of committal or subsequently, order that the trial shall take place, in accordance with the provisions of this Order, before, respectively, the Supreme Court or the Magistrate’s Court of the Falkland Islands; and\n(b) if it does so order, shall remand the accused person in custody or on bail, pending such trial, in accordance with any law in that behalf in force in the Territory.\n(2) Where an order has been made by a court of a Territory under subsection (1) of this section—\n(a) until an order is made by the Supreme Court or the Magistrate’s Court under paragraph (b) of this subsection, an order made under subsection (1)(b) shall have effect in the Falkland Islands; and\n(b) without prejudice to the powers in that behalf vested in the court of the Territory, the Supreme Court or the Magistrate’s Court, as the case may be, may make the necessary dispositions and orders, in exercise of the powers conferred on it in that behalf by this Order, to secure the attendance of the accused person and of witnesses, and the production of documents and other evidence, at the trial and generally for the purposes of the trial.\n(3) Where an information is laid before a court in the Falkland Islands that a person in the Falkland Islands has, or is suspected of having, committed an offence under the law of a Territory, being an offence which the Supreme Court or the Magistrate’s Court has jurisdiction under this Order to hear and determine, the court before which the information is laid shall deal with that information in the like manner as if the offence alleged in it were an offence under the law of the Falkland Islands triable only by the Supreme Court or the Magistrate’s Court and shall dispose of the case accordingly.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1989/2399/article/5",
    "retrieved_at": "2026-10-29T15:30:49.748370+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}