Fisheries (Amendment) Act, 1962

Use of boat or vehicle as aid to commission of offence.

24.—(1) The Principal Act is hereby amended by the insertion in Part XVII before section 286 of the following section:

“285A. (1) If any person uses a boat or vehicle as an aid to the commission of an offence under any provision of this Act or any Act amending this Act or of an instrument made under this Act or any Act amending this Act he shall be guilty of an offence under this section and shall be liable—

(a) on summary conviction, to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment,

(b) on conviction on indictment, to a fine not exceeding five hundred pounds or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

(2) (a) Subject to paragraph (c) of this subsection, where a person is convicted of an offence under any provision of this Act or any Act amending this Act or of an instrument made under this Act or any Act amending this Act, any boat used in the commission or as an aid to the commission of the offence shall, as a statutory consequence of conviction, stand forfeited.

(b) Where a person is convicted on indictment of an offence under any provision of this Act that is triable on indictment, any vehicle used in the commission or as an aid to the commission of the offence may be forfeited by order of the Court.

(c) Paragraph (a) of this subsection shall not apply in relation to a boat used by a person who is not the owner thereof if the owner proves that such use was without his knowledge or consent.

(3) This section does not apply to offences under Part XIII of this Act or section 35 of the Fisheries (Amendment) Act, 1962.”

(2) Subsection (2) of section 285A (inserted by this section) of the Principal Act shall have effect as respects offences committed after the commencement of this section.