Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988
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Provisions relating to detention of ships. |
34.—Whenever an inspector or a harbour-master, in exercise of the powers conferred by section 13 (3) or section 16 , detains a ship, the following provisions shall have effect— | |
(a) the inspector, or as the case may be, the harbour-master, shall, as soon as may be apply to a District Justice for an order authorising the continued detention of the ship and the District Justice may grant an order authorising such detention for a period of 48 hours if he is satisfied that the inspector or harbour-master, as the case may be, has reasonable grounds for believing that there has been, in relation to the ship, a contravention of this Act, and upon the expiration of the period of 48 hours, the ship shall be released unless an order providing for its further detention has been made in accordance with paragraph (b); | ||
(b) where an inspector or harbour-master has, in exercise of the powers conferred on him under this Act, detained a ship, he shall, as soon as may be, bring the master of the ship against whom proceedings for an offence under this Act have been, or are about to be, instituted before a District Justice and thereupon the District Justice shall, if he is satisfied that such proceedings have been or are about to be issued against the master of the ship by order directed to an inspector or, as the case may be, harbour-master require the inspector or harbour-master to detain at a specified place in the State the ship until such proceedings have been adjudicated upon by a court in exercise of its criminal jurisdiction. |