A ship may be arrested on the high seas if at the time of arrest it is engaged in illegal action within the territorial sea or on land1. The distinction between constructive presence and hot pursuit2 is that under the former doctrine an offending vessel outside the jurisdiction of the coastal state is treated as being within the jurisdiction of that state for the purpose of determining whether an offence has been committed, whereas the latter permits the arrest of ships outside the jurisdiction of the coastal state in respect of offences committed within the jurisdiction of that state.
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