Fisheries (Consolidation) Act, 1959

PART XIX.

Legal Proceedings, Fines, Forfeitures, Evidence, Inquiries and Service of Documents.

Legal Proceedings.

Trial of offences.

309.—(1) Notwithstanding anything contained in any other enactment, an offence under any provision of this Act may be heard and determined in a summary way by a District Justice upon the complaint, verbal or otherwise, of a member of the Garda Síochána, an officer or employee of a board of conservators or any other person.

(2) (a) Where—

(i) a sea fisheries protection officer has in exercise of the powers conferred on him by section 233 taken a boat and the persons on board it to a port in the State, and

(ii) any person (being one of the said persons) is alleged to have committed an offence under any section contained in Chapter II or III of Part XIII,

such offence may be brought before and heard and determined by a District Justice for the time being assigned to the District in which such port is situate.

(b) Paragraph (a) of this subsection shall not be construed as affecting section 79 of the Courts of Justice Act, 1924 (No. 10 of 1924).

(3) Where an offence under the repealed enactments or an offence under any provision of this Act has been, or is alleged to have been committed in or upon any waters forming the boundary between two or more Districts established for the purposes of the District Court, then, notwithstanding section 79 of the Courts of Justice Act, 1924 (No. 10 of 1924), proceedings in respect of the offence may be brought, heard and determined before and by a District Justice for the time being assigned to any one of the said Districts and such offence may be alleged and stated in an information or summons to have been committed in the District where it is proposed to bring the proceedings.