Fri, Oct

How should a UK shipmaster deal with an alleged serious (Paragraph 9) breach of the Merchant Navy Code of Conduct that was referred to him?

MCA Oral Exam Questions

He should: (1) deal with it as soon as possible, and in person; 

(2) first convene a formal hearing in his office, with the accuser and accused present; (3) tell the seafarer that he may be accompanied by a friend who can advise him and speak on his behalf (like a solicitor or counsel in court), and that he (or his friend) AAV call any witnesses he chooses and question them on their evidence; (4) when ready to start, inform the seafarer of the alleged breach (referring to the particular paragraph and sub-paragraph of the MN Code of Conduct) and ask him if he admits or denies the allegation. (If he admits it, there will be no need for any evidence to be called, except in mitigation, or for cross-examination. ) (5) tell the seafarer he may make any statement he wishes in answer to the alleged breach, including comments on evidence produced against him; (6) hear all the evidence (against and in defence of the seafarer) and any cross- examination of the evidence; (7) after considering the evidence, orally inform the seafarer whether or not he finds that he had committed the alleged breach. (8) if he does so find, impose a sanction which he considers reasonable in all the circumstances, taking into account his record on the ship and any other relevant factors. (9) record all statements (e. g. responses to questions and evidence heard) in the Official Log Book.