Fisheries (Amendment) Act, 1978
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Detention of boats pending determination of any proceedings (including appeals) under Chapter II or III of Part XIII of Principal Act. |
14.—Chapter IV of Part XIII of the Principal Act is hereby amended by the substitution of the following section for section 235: | |
“235. (1) (a) Where a person is convicted by a District Justice of an offence under a provision of Chapter II or III of this Part, or proceedings in relation to such an offence are dismissed by a District Justice, and the boat on which the person committed the offence has been detained under section 234, the Justice 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 a person is sent forward for trial or for sentence by a District Justice to a court other than the District Court charged with an offence under a provision of the said Part II or Part III and the boat on which the person committed, or is alleged to have committed, the offence has been detained under section 234 of this Act, the Justice shall, by order directed to a sea fisheries protection officer, require the officer to detain the boat further at a specified port in the State pending the determination of the case in that other court, and in the event of an appeal from, or other proceedings in relation to the order of the District Court or of the 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. | ||
(c) Where a District Justice makes an order under section 8 of the Criminal Procedure Act, 1967 , for the discharge of a person as to an offence under a provision of Chapter II or III of this Part and the boat on which the person committed the offence has been detained under section 234, the Justice shall, on the application of the Attorney General, by order directed to a sea fisheries protection officer, require the officer to detain the boat further for a period of one week at a specified port in the State, and, if a direction in relation to the defendant has been given under section 62 of the Courts of Justice Act, 1936 , before the expiration of the said period of one week, to detain the boat further pending the determination of the proceedings (and any appeal or proceedings consequent upon any appeal) consequent upon the said direction at a specified port in the State. | ||
(2) (a) Where, in respect of an offence or offences under a provision of Chapter II or III of this Part, an order is made under subsection (1) of section 234 or subsection (1) of this section in relation to a sea-fishing boat, a District Justice may, at his discretion, by order directed to a sea fisheries protection officer, require the boat to be released if security, which in the opinion of the Justice is satisfactory, is given for payment, in the event of conviction of the defendant in respect of the offence or offences or in the event of his failure to attend before any court when such attendance is required for the purposes of any preliminary examinations under the Criminal Procedure Act, 1967 , in relation to the offence or offences or any trials, appeals or other proceedings in relation to the offence or offences, of a sum that in the opinion of the Justice is sufficient to provide for— | ||
(i) payment of the maximum fine or fines ordered, or which may be ordered, to be paid in respect of the offence or offences, | ||
(ii) the estimated amount of the costs (if any) of any trials, appeals or other proceedings in relation to the offence or offences 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 or offences. | ||
(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 District Justice 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 sea-fishing boat, the boat shall be detained or released, as the case may be, in accordance with its terms.”. |