Merchant Shipping (Certification of Seamen) Act, 1979
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Sending to sea ship not carrying required personnel. |
5.—(1) Where— | |
(a) a person sends to sea a ship to which this Act applies, | ||
(b) there is not then in force an order under section 4 of this Act relating to the class of ship to which the ship belongs, and | ||
(c) the ship is not carrying the appropriate numbers and categories of personnel required under section 3 of this Act, | ||
the person shall be guilty of an offence and liable, on conviction on indictment, to a fine not exceeding £5,000. | ||
(2) A Justice of the District Court shall have jurisdiction to try summarily an offence under this section if— | ||
(a) the Justice is of opinion that the facts proved or alleged against a defendant charged with such an offence constitute a minor offence fit to be tried summarily, | ||
(b) the Director of Public Prosecutions consents, and | ||
(c) the defendant (on being informed by the Justice of his right to be tried by a jury) does not object to being tried summarily, | ||
and, upon conviction under this subsection, the defendant shall be liable to a fine not exceeding £500. | ||
(3) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence under this section as if, in lieu of the penalties specified in subsection (3) of the said section 13, there were specified therein the penalty provided for by subsection (2) of this section, and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly. |