Fisheries (Statute Law Revision) Act, 1956

Recovery of possession of articles forfeited under the Act of 1933 or the Act of 1937.

18.—(1) Where—

(a) any article on board a boat is ordered, under the Act of 1933, by a court to be forfeited or, as a statutory consequence of a conviction by a court, stands, under the Act of 1933 or the Act of 1937, forfeited, and

(b) the boat is detained under the Act of 1933 or the Act of 1937,

the Court may, on the application of the prosecutor, by order directed to a sea-fisheries protection officer authorise such officer to detain the boat until possession has been taken of the article forfeited and such boat may be detained accordingly.

(2) (a) In this subsection the word “master” in relation to a boat means any person having command or charge of the boat.

(b) Where an article on board a boat is forfeited under the Act of 1933 or the Act of 1937, a sea-fisheries protection officer may request the master of the boat to make available such facilities (including the moving of the boat from place to place and the doing of things upon, to or with the boat, its equipment or machinery) as such sea-fisheries protection officer may reasonably require for the purpose of enabling him to take possession of the article.

(c) Where the master of a boat fails or refuses to comply with a request made to him under paragraph (b) of this subsection, he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

(3) If any person wilfully impedes or obstructs a sea-fisheries protection officer while the latter is engaged in taking possession of any article forfeited under the Act of 1933 or the Act of 1937, that person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months.