Sea-Fisheries and Maritime Jurisdiction Act 2006

19

Detention of boats and persons on board when offences suspected.

19.— (1) Where a sea-fisheries protection officer has, in the 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 who suspects that a person on board the boat has committed an offence under a relevant provision shall (unless he or she is proceeding under section 21 ), as soon as may be, apply to a judge of the District Court for an order authorising the continued detention of the boat and those persons, and the judge may grant an order authorising such detention for a period of 48 hours if he or she is satisfied that the applicant sea-fisheries protection officer has such suspicion and it is reasonable.

(2) Upon the expiration of the period of 48 hours—

( a) the boat shall be released, unless an order or an application for an order providing for its further detention has been made under this section before the expiration of that period of 48 hours, and

( b) each person on board the boat shall be released, unless an order providing for his or her further detention has been made under this section before the expiration of that period.

(3) In this section “application for an order” includes mentioning to the court that an application will be made to the court.

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).