Sea-Fisheries and Maritime Jurisdiction Act 2006

21

Detention of boats pending determination of any proceeding (including appeals) under relevant provision.

21.— (1) ( a) Where—

(i) a person is convicted by a judge of the District Court of an offence under a relevant provision or proceedings in relation to such an offence are dismissed by a judge of the District Court, and

(ii) the boat, on which the person committed the offence or to which the proceedings related, has been detained under section 18 or section 26(2)( e) of the Act of 2003,

the judge shall, by order directed to a sea-fisheries protection officer, require the officer in the event of an appeal from, or any other proceedings in relation to the order of the District Court or the order of any other court to which the case is brought, whether by way of appeal or otherwise, to detain the boat further pending the determination of the appeal or other proceedings (and any proceedings consequent upon the appeal or the other proceedings) at a specified port in the State.

( b) Where—

(i) a person is sent forward for trial or for sentence by a judge of the District Court to a court other than the District Court, charged with an offence under a relevant provision, and

(ii) the boat on which the person committed, or is alleged to have committed, the offence has been detained under section 18 or section 26(2)( e) of the Act of 2003,

the judge shall, by order directed to a sea-fisheries protection officer, require the officer—

(I) to detain the boat further at a specified port in the State pending the determination of the case in that other court, and

(II) in the event of an appeal from, or other proceedings in relation to the order of the District Court or of the other court to which the person is sent forward under this paragraph or of any other court to which the case is brought, whether by way of appeal or otherwise, to detain the boat further pending the determination of the appeal or the other proceedings (and any proceedings consequent upon the appeal or the other proceedings) at a specified port in the State.

(2) ( a) Where, in respect of an offence under a relevant provision, an order is made under section 20 or subsection (1) in relation to a boat, a judge of the District Court may, at his or her discretion, by order directed to a sea-fisheries protection officer, require the boat to be released if security, which in the opinion of the judge is satisfactory, is given for payment, in the event of conviction of the defendant in respect of the offence or in the event of his or her failure to attend before any court when such attendance is required, in relation to the offence or any trials, appeals or other proceedings in relation to the offence, of a sum that, in the opinion of the judge, is sufficient to provide for—

(i) payment of the maximum fine ordered, or which may be ordered, to be paid in respect of the offence,

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

(iii) the estimated value of any forfeitures ordered, or which may be ordered, to be made upon the final determination of any trials, appeals or other proceedings in relation to the offence.

( b) The security provided for in paragraph (a) is in addition to and not in substitution for any other bond or recognisance which the defendant concerned may be required to enter into by the judge of the District Court concerned in relation to any trials, appeals or other proceedings in respect of the offence concerned.

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

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).