Sea-Fisheries and Maritime Jurisdiction Act 2006

27

Option for accused persons as regards proceedings in relation to indictable offences under Sea-Fisheries Acts 2003 and 2006.

27.— (1) ( a) A person charged with an indictable offence under Chapter 2 or the Act of 2003 may, with the consent of the prosecutor, elect to be sent forward for trial in the Circuit Court on a plea of not guilty.

( b) In that event, the prosecutor shall cause to be served on the accused person or the solicitor (if any) for that person, within 42 days after the not guilty plea is entered (or such longer period as the District Court may determine under subsection (2)(a)), any documents that under section 4B or 4C (inserted by section 9 of the Act of 1999) of the Act of 1967 are required to be served and have not already been served and a copy of those documents to be furnished to the District Court.

(2) ( a) The District Court may, on the application of the prosecutor, extend the period within which any documents required under section 4B of the Act of 1967 are to be served, if satisfied that—

(i) there is good reason for doing so, and

(ii) it would be in the interests of justice to do so.

( b) An application may be made and an extension may be granted under paragraph (a) before or after the expiry of—

(i) the period of 42 days mentioned in subsection (1), or

(ii) any extension of that period granted under paragraph (a).

( c) Where it refuses to grant an extension, the District Court shall strike out the proceedings against the accused in relation to the offence.

( d) The striking out of proceedings under paragraph (c) does not prejudice the institution of any further proceedings against the accused by the prosecutor.