Fisheries (Consolidation) Act, 1959

Detention of boat pending appeal against conviction of offence under Chapter II or III of Part XIII.

235.—(1) Where a person is convicted by a District Justice of an offence under any section contained in Chapter II or III of this Part and sentenced to pay any fine, and the boat to which such person belongs has been detained under section 234, such District Justice shall, by order directed to a sea fisheries protection officer or officers, require such officer or officers in the event of an appeal being lodged against such conviction, to detain further, pending the determination of such appeal, at a specified port in the State such boat, and such boat shall, subject to the provisions of subsection (2) of this section, be detained accordingly.

(2) Where an order is made under subsection (1) of this section requiring any boat to be detained pending the determination of an appeal against a conviction a District Justice may, if security, which in the opinion of such District Justice is satisfactory, is given for payment, in the event of such conviction being affirmed on such appeal, of a sum to be fixed by such District Justice sufficient to cover the amount of the fine and costs (if any) awarded on such conviction, the estimated value of forfeitures (if any) and the costs of the prosecutor on such appeal, direct such boat to be released, and such boat shall be released accordingly.