Fisheries (Amendment) Act, 1994

Detention of boats and persons on board when offence suspected.

11.—Section 233A of the Principal Act (inserted by section 12 of the Act of 1978) is hereby amended by the substitution of the following section for section 233A thereof:

“233A.—(1) Where a sea fisheries protection officer has, in the exercise of the powers conferred on him by section 233, detained a boat and the persons on board the boat at a port, any sea fisheries protection officer who suspects that a person on board the boat has committed an offence under a provision of Chapter II or III of this Part shall (unless he is proceeding under section 234), as soon as may be, apply to a judge of the District Court for an order authorising the continued detention of the boat and those persons, and the said judge may grant an order authorising such detention for a period of 48 hours if he is satisfied that the applicant sea fisheries protection officer has such a suspicion as aforementioned.

(2) Upon the expiration of the period of 48 hours—

(a) the boat shall be released unless an order providing for its further detention has been made under section 234 before the expiration of the said period of 48 hours, and

(b) each person on board the boat shall be released unless an order providing for his further detention has been made under the said section before the expiration of the said period.”.