Daniel Thomas - jurisdiction
Author
Discussion

donkmeister

Original Poster:

12,933 posts

130 months

Tuesday 29th September
quotequote all
I couldn't find a thread on this, and this particular point doesn't seem to have been discussed.

We have all seen the news about how a chap called Daniel Thomas is in court due to allegedly slashing at a RIB in the English channel.

The part that has me scratching my head is that the passengers and "crew" of the RIB had already been transferred to a British border force boat, but the French coastguard decided to jump aboard the abandoned RIB.

Doesn't the halfway line demark the "it's your problem now" point? I realise that we have precise GNSS so it would be possible to navigate a boat to within a few metres of entering British waters, only for it to drift back into French waters, but it's rather implausible that a boat wasn't in trouble on the French side then immediately got into difficulty after crossing the imaginary line.

So how has this situation arisen? Surely it should be either:
1) they were in French waters and the French Coast Guard should have sorted it all out OR
2) they were in British waters and the French Coast Guard shouldn't have been there.

gotoPzero

20,759 posts

219 months

Tuesday 29th September
quotequote all
Don't think it matters. They are making for UK waters and when they get over the line they generally get picked up by us.

I believe the French usually tow the boats back and "dispose" of them, I would imagine this happens in UK waters.

The UK and French coast guards / BF etal do have some sort of agreement IIRC that covers the middle bit of water - and I believe they both operate in each others waters in certain situations - but generally speaking its only for rescue situations and generally moving from A to B.

I am sure an expert will be along shortly to tell use the exact regulations.

MrBogSmith

6,602 posts

64 months

Tuesday 29th September
quotequote all
I discussed it a couple of times on the Dover thread.

My reading was it may be tricky if not in UK waters.

I'll have a better look later when I have time. I could well be wrong as I only glanced it.


Lotobear

9,096 posts

158 months

Tuesday 29th September
quotequote all
...could be even trickier after Burnham's gaff

hondajack85

1,711 posts

29 months

Tuesday 29th September
quotequote all
TBH this story is quite funny. Lucky the weather has been good so nobody needs his roofing skills that urgently.

cirian75

5,754 posts

263 months

Tuesday 29th September
quotequote all
The passengers where off the boat

The French coastguard jumped on the boat

Thomas slashed the boat

He endangered the French coastguards life.

Either side of the channel, he'd still be in court.

PurplePenguin

4,431 posts

63 months

Tuesday 29th September
quotequote all
cirian75 said:
The passengers where off the boat

The French coastguard jumped on the boat

Thomas slashed the boat

He endangered the French coastguards life.

Either side of the channel, he'd still be in court.
Oh! The humanity

GMT13

1,223 posts

217 months

Tuesday 29th September
quotequote all
cirian75 said:
He endangered the French coastguards life.

Either side of the channel, he'd still be in court.
hehe

He's on trial for criminal damage...

Not endangering lives, silly.

The bloke is a whopper no doubt, but use your eyes.

Hes remanded until at least November 2027....for criminal damage and not giving his phone pin....

It's lawfare.

Chicken Chaser

9,075 posts

254 months

Tuesday 29th September
quotequote all
If he is remanded for simply damage then it seems a very heavy penalty however, does anyone know his bail history or his antecedence?

S100HP

13,796 posts

197 months

Tuesday 29th September
quotequote all
GMT13 said:
hehe

He's on trial for criminal damage...

Not endangering lives, silly.

The bloke is a whopper no doubt, but use your eyes.

Hes remanded until at least November 2027....for criminal damage and not giving his phone pin....

It's lawfare.
The pin thing is the bigger issues. Someone I worked with got 15 months for refusing to give his only last week.

valiant

14,195 posts

190 months

Tuesday 29th September
quotequote all
Chicken Chaser said:
If he is remanded for simply damage then it seems a very heavy penalty however, does anyone know his bail history or his antecedence?
Didn’t he claim his address as ‘no fixed abode’?

Would that have a bearing on any bail conditions?

Not my wheelhouse so I’ve no real idea on these things.

donkmeister

Original Poster:

12,933 posts

130 months

Tuesday 29th September
quotequote all
S100HP said:
GMT13 said:
hehe

He's on trial for criminal damage...

Not endangering lives, silly.

The bloke is a whopper no doubt, but use your eyes.

Hes remanded until at least November 2027....for criminal damage and not giving his phone pin....

It's lawfare.
The pin thing is the bigger issues. Someone I worked with got 15 months for refusing to give his only last week.
Much as I believe people have a right to privacy, unfortunately the prevalence of effectively uncrackable encryption to anybody who wants it means that crimes can be committed and evidence hidden. I understand why we need to penalise people who refuse to cooperate with an investigation that way. If it's used incorrectly (e.g. they don't need it to investigate someone driving at 10mph over the limit) I may revise my position, but if it's only used when there's a real suspicion someone is a kiddy fiddlers, terrorist or other very bad person then I'm fine with it.

I don't see why popping a dinghy would necessitate that, and if they'd already had him under investigation for crimes that would justify that then they'd have requested the PIN earlier.

I don't know the guy, I'd have never heard of him if it weren't for this incident but it does feel heavy handed. The French guy jumps into the abandoned, presumably ownerless boat while it's already being slashed, and barring some cartoon-style "boat flies around like a deflating balloon" situation no-one was in danger.

MrBogSmith

6,602 posts

64 months

Tuesday 29th September
quotequote all
If he's in English waters it's pretty straight forward.

Extra-territorial reach for offences at sea:

Territorial Waters Act 1878 and Merchant Shipping Act 1995

Reading them briefly I think they may struggle if he wasn't in British territorial waters (I could be missing something).

I'd assume the CPS at Crown Court level would have considered this point of law.

GMT13 said:
cirian75 said:
He endangered the French coastguards life.

Either side of the channel, he'd still be in court.
hehe

He's on trial for criminal damage...

Not endangering lives, silly.

The bloke is a whopper no doubt, but use your eyes.

Hes remanded until at least November 2027....for criminal damage and not giving his phone pin....

It's lawfare.
Where have you got November 2027 from?

Are you confusing it with his next court appearance in November this year with his trial in March next year?






Tango13

10,093 posts

206 months

Tuesday 29th September
quotequote all
PurplePenguin said:
cirian75 said:
The passengers where off the boat

The French coastguard jumped on the boat

Thomas slashed the boat

He endangered the French coastguards life.

Either side of the channel, he'd still be in court.
Oh! The humanity
220 years ago in Nelsons time he would've got a medal for that biggrin

Cold

16,708 posts

120 months

Tuesday 29th September
quotequote all
Refused bail again today. Provisional trial date set for March 1st 2027, next hearing November 12th 2026.

The process is the punishment.

MrBogSmith

6,602 posts

64 months

Tuesday 29th September
quotequote all
Well it'll be time served off any sentence.

He could always have not gone into the sea and started slashing things that didn't belong to him.

If he wasn't doing it around immigration (and therefore a hero to many on here), they'd be saying things like 'FAFO'.


LimmerickLad

7,276 posts

45 months

Tuesday 29th September
quotequote all
MrBogSmith said:
Well it'll be time served off any sentence.

He could always have not gone into the sea and started slashing things that didn't belong to him.

If he wasn't doing it around immigration (and therefore a hero to many on here), they'd be saying things like 'FAFO'.
And if he's found 'not guilty'?

valiant

14,195 posts

190 months

Tuesday 29th September
quotequote all
LimmerickLad said:
And if he's found 'not guilty'?
Then the same as any other remand prisoner found not guilty.

LimmerickLad

7,276 posts

45 months

Tuesday 29th September
quotequote all
valiant said:
LimmerickLad said:
And if he's found 'not guilty'?
Then the same as any other remand prisoner found not guilty.
So the process is the punishment then.

valiant

14,195 posts

190 months

Tuesday 29th September
quotequote all
LimmerickLad said:
valiant said:
LimmerickLad said:
And if he's found 'not guilty'?
Then the same as any other remand prisoner found not guilty.
So the process is the punishment then.
Do you advocate two tier justice where he’s treated different to any other person on remand and then found not guilty at trial then?