Sea-Fisheries and Maritime Jurisdiction Act 2006

24

Offence — obstruction, etc., of sea-fisheries protection officer.

24.— (1) A person who—

(a) obstructs or impedes any sea-fisheries protection officer in the exercise of any of the powers conferred on such officer by this Part,

(b) refuses or fails to comply with any requirement or direction lawfully made or given by such officer under this Part (other than section 18),

(c) fails to answer any question lawfully asked by such officer under this Part, or

(d) where—

(i) his or her name and address is requested of him or her by a sea-fisheries protection officer under section 17(1)(i) or 18(1)(g), refuses or fails to give his or her name and address or gives a name or address which is false or misleading, or

(ii) the name and address of any other person is lawfully requested of him or her by a sea-fisheries protection officer under section 17(1)(i), refuses or fails, knowing such name and address, to give the name or address or gives a name or address which is false or misleading,

commits an offence and is liable on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 2 months, or to both.

(2) If a person—

(a) obstructs or impedes a sea-fisheries protection officer so as to prevent or to attempt to prevent the officer exercise any of his or her powers under this Part, or

(b) whose name and address is lawfully required by a sea-fisheries protection officer under this section refuses to give his or her name and address or gives, as his or her name or address, a name or address which is reasonably believed by such officer to be false or misleading,

the officer or another sea-fisheries protection officer may (being a member of the Defence Forces or Garda Síochána or an officer of Customs and Excise) arrest, without warrant, the person and, if that officer is not a member of the Garda Síochána, shall, as soon as practicable, deliver the person into the custody of a member of the Garda Síochána to be dealt with according to law.

Annotations

Editorial Notes:

E189

A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(2) and table ref. no. 1, S.I. No. 662 of 2010.