Sea-Fisheries and Maritime Jurisdiction Act 2006

20

Detention of boats and persons charged or to be charged pending prosecution.

20.— (1) Where a sea-fisheries protection officer has in exercise of the powers conferred on him or her by section 18 or by section 26(2)( e) of the Act of 2003 detained a boat and the persons on board the boat at a port, any sea-fisheries protection officer shall, as soon as may be, bring the master of the boat and any other persons on board the boat against whom proceedings for an offence under a relevant provision have been or are about to be instituted before a judge of the District Court.

(2) Subject to subsection (3), the judge shall, if he or she is satisfied that such proceedings have been or are about to be instituted against the master and those other persons or any one or more of them, by order, directed to a sea-fisheries protection officer, require the officer to detain at a specified port in the State the boat and each such person (including the master) in respect of whom he or she is satisfied that proceedings have been or are about to be instituted, until the proceedings have been determined.

(3) The judge may order the release on bail of a person against whom such proceedings have been instituted before the proceedings have been determined.

Annotations:

Editorial Notes:

Previous affecting provision: application of section extended (13.04.2006) by Sea Fisheries (Technical Conservation Measures) Regulations 2006 (S.I. No. 171 of 2006), reg. 5; revoked (5.06.2013) by Sea-Fisheries (Technical Measures) Regulations 2013 (S.I. No. 197 of 2013), reg. 6(1).