Fisheries Act, 1980
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Alteration of certain penalties under Principal Act or Act of 1962. |
50.—(1) A person convicted by the District Court of an offence for which a penalty is provided in any section of the Principal Act specified in column (2) of Part I of the Table to this section at any reference number shall, in lieu of so much of the penalty so provided as consists of a fine, imprisonment, a fine or imprisonment, or a fine and imprisonment, be liable to the appropriate penalty specified in column (3) of the said Part I at that reference number, and that section shall be construed and have effect accordingly. | |||||||||||||||||||||||||||||||||||||||||||
(2) (a) A person convicted of an offence under subsection (4) of section 9 of the Principal Act (inserted by section 3 of the Act of 1962, other than an offence against a bye-law described in section 46 (4) of this Act) shall, in lieu of so much of the penalty specified in that subsection as consists of a fine, be liable to a fine not exceeding £200, and the said subsection (4) shall be construed and have effect accordingly. | ||||||||||||||||||||||||||||||||||||||||||||
(b) A person guilty of an offence against any bye-law, other than a bye-law described in section 46 (4) of this Act, in relation to which subsection (2) of section 9 of the Principal Act applies and which was made before the commencement of section 3 of the Act of 1962 shall, in lieu of so much of the penalty specified in section 32 (2) of the Act of 1962 as consists of a fine and notwithstanding anything contained in the said subsection (2), be liable to a fine not exceeding £200, and the said section 32 (2) shall be construed and have effect accordingly. | ||||||||||||||||||||||||||||||||||||||||||||
(c) A person convicted of an offence under subsection (4) of section 9 of the Principal Act (inserted by section 3 of the Act of 1962), being an offence against a bye-law described in section 46 (4) of this Act, shall, in lieu of so much of the penalty specified in that section as consists of a fine, be liable to a fine not exceeding £500, and the said subsection (4) shall be construed and have effect accordingly. | ||||||||||||||||||||||||||||||||||||||||||||
(3) (a) A person convicted on indictment of an offence under section 164 of the Principal Act (inserted by section 16 of the Act of 1962) shall, in lieu of the penalty specified in paragraph (b) of subsection (4) of that section, be liable to a fine not exceeding £2,000, or at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment, and the said section 164 shall be construed and have effect accordingly. | ||||||||||||||||||||||||||||||||||||||||||||
(b) A person convicted on indictment of an offence under section 285A (1) of the Principal Act (inserted by section 24 of the Act of 1962) shall, in lieu of the penalty specified in paragraph (b) of that section, be liable to a fine not exceeding £2,000, or at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment, and the said section 285A (1) shall be construed and have effect accordingly. | ||||||||||||||||||||||||||||||||||||||||||||
(c) A person convicted on indictment of an offence under section 65 , 66 , 73 , 94 , 95 , 96 , 97 , 127 , 130 , 132 , 134 , 135 , 137 , 140 , 145 , 146 , 156 , 176 , 177 or 182 of the Principal Act, as amended by section 46 (1) of this Act, shall be liable to a fine not exceeding £2,000, or at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment. | ||||||||||||||||||||||||||||||||||||||||||||
(d) A person convicted on indictment of an offence under section 69 , 128 or 129 of the Principal Act, as amended by section 46 (1) of this Act, shall be liable to a fine not exceeding £2,000 and in the case of a continuing offence to a further fine not exceeding £100 for each day during which the offence is committed, or at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment. | ||||||||||||||||||||||||||||||||||||||||||||
(4) A person convicted by the District Court of an offence for which a penalty is provided in any section of the Act of 1962 specified in column (2) of Part II of the Table to this section at any reference number shall, in lieu of so much of the penalty so provided as consists of a fine, imprisonment, a fine or imprisonment, or a fine and imprisonment, be liable to the appropriate penalty specified in column (3) of the said Part II at that reference number, and that section shall be construed and have effect accordingly. | ||||||||||||||||||||||||||||||||||||||||||||
(5) Where a person is convicted of an offence under section 69 of the Principal Act, the engine in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forfeited. | ||||||||||||||||||||||||||||||||||||||||||||
(6) Where a person is convicted of an offence under section 95 of the Principal Act, the net in respect of which the offence was committed shall, as a statutory consequence of conviction, stand forefeited. | ||||||||||||||||||||||||||||||||||||||||||||
(7) Where a person is convicted of an offence under section 152 of the Principal Act, the engine or other thing used to commit the offence shall, as a statutory consequence of conviction, stand forefeited. | ||||||||||||||||||||||||||||||||||||||||||||
(8) This section shall have effect as respects offences committed after the commencement of this section. | ||||||||||||||||||||||||||||||||||||||||||||
TABLE | ||||||||||||||||||||||||||||||||||||||||||||
PART I | ||||||||||||||||||||||||||||||||||||||||||||
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PART II | ||||||||||||||||||||||||||||||||||||||||||||
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