Chapter 12 - Obtaining Evidence from Seafarers
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Chapter 12 - Obtaining Evidence from Seafarers

  12.1 Where a marine safety investigation requires a seafarer to provide evidence to it, the evidence shall be taken at the earliest practical opportunity. The seafarer shall be allowed to return to his/her ship, or be repatriated at the earliest possible opportunity. The seafarers human rights shall, at all times, be upheld

  12.2 All seafarers from whom evidence is sought shall be informed of the nature and basis of the marine safety investigation. Further, a seafarer from whom evidence is sought shall be informed, and allowed access to legal advice, regarding:

  • .1 any potential risk that they may incriminate themselves in any proceedings subsequent to the marine safety investigation;

  • .2 any right not to self-incriminate or to remain silent;

  • .3 any protections afforded to the seafarer to prevent the evidence being used against them if they provide the evidence to the marine safety investigation.

Parent topic: Part II - Mandatory Standards
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