Fisheries (Consolidation) Act 1959
F247[Use of boat or vehicle as aid to commission of offence.
285A.—(1) If any person uses a boat or vehicle as an aid to the commission of an offence under any provision of this Act or any Act amending this Act or of an instrument made under this Act or any Act amending this Act he shall be guilty of an offence under this section and shall be liable—
(a) on summary conviction, to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment,
(b) on conviction on indictment, to a fine not exceeding five hundred pounds or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.
(2) (a) Subject to paragraph (c) of this subsection, where a person is convicted of an offence under any provision of this Act or any Act amending this Act or of an instrument made under this Act or any Act amending this Act, any boat used in the commission or as an aid to the commission of the offence shall, as a statutory consequence of conviction, stand forfeited.
(b) Where a person is convicted on indictment of an offence under any provision of this Act that is triable on indictment, any vehicle used in the commission or as an aid to the commission of the offence may be forfeited by order of the Court.
(c) Paragraph (a) of this subsection shall not apply in relation to a boat used by a person who is not the owner thereof if the owner proves that such use was without his knowledge or consent.]
Annotations
Amendments:
F247
Inserted (1.01.1963) by Fisheries (Amendment) Act 1962 (31/1962), s. 24(1), S.I. No. 216 of 1962, subject to transitional provisions in s. 24(2).
Modifications (not altering text):
C214
Penalties under section altered (1.07.2010) by Inland Fisheries Act 2010 (10/2010), s. 77(1), (2)(b), (8) and table part 1, S.I. No. 262 of 2010. Note that the full history of the alteration of penalties under this section can be found in the annotations at the beginning of the Act under “Be it enacted by the Oireachtas as follows”.
A fine of €2,000 translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.
Alteration of certain penalties under the Principal Act, the Act of 1962 or the Act of 1994.
77.— (1) A person convicted by the District Court of an offence for which a penalty is provided in any section of the Principal Act specified in column (2) of Part 1 of the Table to this section at any reference number shall, in lieu of so much of the penalty so provided as consists of a fine, imprisonment, a fine or imprisonment, or a fine and imprisonment, be liable to the appropriate penalty specified in column (3) of that Part at that reference number, and that section shall be read and have effect accordingly.
(2) …
(b) A person convicted on indictment of an offence under section 285A(1) of the Principal Act (inserted by section 24 of the Act of 1962), in lieu of the penalty specified in paragraph (b) of that section, is liable to a fine not exceeding €10,000, or to imprisonment for a term not exceeding 2 years or both, and that section shall be read and have effect accordingly.
(8) This section has effect in respect of offences committed after the establishment day.
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Reference Number |
Section of Principal Act |
Penalty |
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(1) |
(2) |
(3) |
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… |
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11. |
95, 96, 97, 99, 102, 103, 104, 107, 110, 114, 116, 131, 132, 164, 165, 166, 170, 173, 174, 285A, 301, 308. |
A fine not exceeding €2,000 or imprisonment for a term not exceeding 6 months or both. |
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… |
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Editorial Notes:
E1626
The section heading is taken from the amending section in the absence of one included in the amendment.