Merchant Shipping Act 1894

Prosecution of offences.

680

680.F345[(1) Subject to any special provisions of this Act, a person who has been found guilty of an offence under this Act shall be liable—

(a) on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 6 months or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both.]

F345[(1A) Where an offence to which subsection (1) of this Act applies is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or any other person who was acting or purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if that person were guilty of the first-mentioned offence.]

(2) Any offence committed or fine recoverable under a bye-law made in pursuance of this Act may be prosecuted or recovered in the same manner as an offence or fine under this Act.

Annotations:

Amendments:

F345

Substituted and inserted (16.06.1998) by Merchant Shipping (Miscellaneous Provisions) Act 1998 (20/1998), s. 2(c)(i), commenced on enactment.

Editorial Notes:

E390

A fine of £1,500 translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 1, S.I. No. 662 of 2010.