Sea Pollution Act 1991

Provisions relating to detention of ships.

39

F33 [ 39. (1) Where an inspector or harbour-master has, in the exercise of the powers conferred on him by section 22(2) or 24 detained a ship and the persons on board the ship at a port or other place in the State, any inspector, or the harbour-master concerned, who suspects that a person on board the ship has committed an offence under this Act shall (unless he is proceeding under section 39A), as soon as may be, apply to a judge of the District Court for an order authorising the continued detention of the ship and those persons, and the said judge may grant an order authorising such detention for a period of 48 hours if he is satisfied that the applicant inspector or harbour-master has such a suspicion as aforementioned.

(2) Upon the expiration of the period of 48 hours

( a ) the ship shall be released unless an order providing for its further detention is made under section 39A before the expiration of the said period of 48 hours, and

( b ) each person on board the ship shall be released unless an order providing for his further detention is made under the said section before the expiration of the said period. ]