Sea Pollution Act 1991

Detention of master of ship pending determination of proceedings (including appeals) under Act.

40

40. (1) Where a person is convicted of an offence under this Act, or proceedings in relation to an offence are dismissed, and the ship in relation to which the offence has been committed has been detained under this Act, the Judge or, as the case may be, the District Justice, concerned shall, by order directed to an inspector or harbour-master, require the inspector or harbour-master, in the event of an appeal from, or other proceedings in relation to, the order of the court hearing the matter, to detain the master on board the ship further pending the determination of the appeal or other proceedings (and any proceedings consequent on the appeal or other proceedings) at a specified place in the State or until further order.

(2) Where, in respect of an offence under this Act, an order is made under this section or under section 39 for the detention of the master, a District Justice may, at his discretion, by order directed to an inspector or harbour-master, as the case may be, require the master to be released unless the ship is being detained under section 22, 24 or 26, if security which, in the opinion of the District Justice, is satisfactory is given for the payment, in the event of conviction of the defendant in respect of the offence or offences with which he is charged, or in the event of his failure to attend before any court when such attendance is required for the purposes of any preliminary examination under the Criminal Procedure Act, 1967, in relation to the offence or offences or any trials, appeals or other proceedings in relation to the offence or offences, of a sum that, in the opinion of the District Justice, is sufficient to provide for—

( a) payment of the maximum fine or fines ordered, or which may be ordered, to be paid in respect of the offence or offences, or such sum as, in the opinion of the District Justice, is satisfactory having regard to the circumstances of the case,

( b) the estimated amount of the costs (if any) of any trials, appeals or other proceedings in relation to the offence or offences awarded, or which may be awarded, against the defendant concerned.

(3) Where an order is made under this section for the detention or release of the master, he shall be detained or released, as the case may be, in accordance with the terms of the order.