Section 11: Court of Investigation

11. Court of Investigation (1) A Court of Investigation holding an investigation into a shipping casualty under section 10 shall consist of a Chairperson who holds or has held judicial office, and 2 other persons with skills and knowledge in maritime matters. (2) The Court of Investigation shall hold meetings and conduct its proceedings in the same manner, and shall have the same powers, as a Commission of Inquiry under the Commissions of Inquiry Act. (3) (a) Where, as a result of the investigation, the Court of Investigation recommends the cancellation, suspension or withdrawal of recognition of a ship’s officer’s certificate, the Director may act on the recommendation, and the ship’s officer shall forthwith deliver the relevant certificate to the Director. (b) Where the certificate was delivered by a foreign government, the Director shall inform the proper authority having delivered the certificate for any necessary action. (4) Where a certificate has been cancelled, suspended or its recognition withdrawn under this section, the Director may, in an appropriate case and after considering representations made by the officer, reissue a cancelled certificate or reduce the period of its suspension and return the certificate, or may grant a new certificate of the same or a lower grade in place of the cancelled or suspended certificate, or reinstate the recognition of a certificate, as the case may be. (5) Where an investigation has been held under subsection (2), the Minister may order the whole or part of the case to be reheard within 21 days of the findings of the Court of Investigation and shall do so where— (a) new and important evidence which could not have been produced at the inquiry or investigation has been discovered; or (b) it appears to the Minister that there are other grounds for suspecting that a miscarriage of justice may have occurred. (6) An order under subsection (5) may provide for the rehearing to be made by the Court of Investigation which held the investigation or by such differently-constituted Court of Investigation as the Minister may appoint. (7) After the rehearing, the body that conducted the rehearing shall determine whether to quash or confirm the findings of the first Court of Investigation and its decision shall be final. PART III – REGISTRATION OF SHIPS Sub-Part I – General