Fisheries (Consolidation) Act 1959

Appeals from the District Court.

310

310.(1) Where any proceedings in the District Court for an offence under any provision of this Act are dismissed, whether on the merits or without prejudice, the prosecutor may appeal against the order of dismissal to the Judge of the Circuit Court within whose Circuit the Courthouse in which such order was made is situate.

(2) Where by virtue of subsection (1) of this section a right of appeal against an order of the District Court in any proceedings under this Act lies to a Judge of the Circuit Court, such Judge on such appeal may vary, confirm or reverse such order, and the decision of such Judge on such appeal shall be final and conclusive and not appealable.

Annotations

Modifications (not altering text):

C233

Section applied with modifications and references to "penalty" and “the forfeiture” construed (4.07.1978) by Fisheries (Amendment) Act 1978 (18/1978), s. 2(5)(b), commenced on enactment.

Indictable and summary proceedings for certain offences.

2.—…

(5) …

(b) Part XIX of the Principal Act shall apply to the fines and forfeitures provided for by this section and the Tables to this section as it applies to the fines and forfeitures referred to in that Part and references in sections 316 and 317 of the Principal Act to a District Justice and the District Court shall, in the case of a conviction by a court other than the District Court, be construed as references to that other court.

Editorial Notes:

E1646

Previous affecting provision: application of section restricted (4.07.1978) by Fisheries (Amendment) Act 1978 (18/1978), s. 2(5)(a), commenced on enactment; s. 2 repealed (4.04.2006) by Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 4(1) and sch. 1, commenced on enactment.