Merchant Shipping Act, 1981
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Offence in respect of dangerously unsafe ship. |
4.—(1) If a ship is, having regard to the nature of the service for which the ship is intended, unfit by reason of the condition of the ship's hull, equipment or machinery or by reason of undermanning or by reason of overloading or improper loading to go to sea without serious danger to human life, then, subject to subsection (6) of this section, the master and the owner of the ship shall each be guilty of an offence. | |
(2) Where an offence under this section is committed in relation to a ship which is not registered in the State, then for the purposes of section 10 of the Maritime Jurisdiction Act, 1959 , the offence shall be regarded as having been committed by means of the ship. | ||
(3) A person guilty of an offence under this section shall be liable, on conviction on indictment, to a fine not exceeding £50,000. | ||
(4) A Justice of the District Court shall have jurisdiction to try summarily an offence under this section if— | ||
(a) the Justice is of opinion that the facts proved or alleged against a defendant charged with such an offence constitute a minor offence fit to be tried summarily, | ||
(b) the Director of Public Prosecutions consents, and | ||
(c) the defendant (on being informed by the Justice of his right to be tried by a jury) does not object to being tried summarily, | ||
and, upon conviction under this subsection, the said defendant shall be liable to a fine not exceeding £500. | ||
(5) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence under this section as if, in lieu of the penalties specified in subsection (3) of the said section 13, there were specified therein the penalty provided for by subsection (4) of this section, and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in subsection (3) of the said section 13 shall be construed and have effect accordingly. | ||
(6) It shall be a defence in proceedings for an offence under this section to prove that at the time of the alleged offence— | ||
(a) in case the ship concerned is not registered in the State, the said ship was obtaining shelter; or | ||
(b) arrangements had been made which were appropriate to ensure that before the ship concerned went to sea it was made fit to do so without serious danger to human life by reason of the matters referred to in subsection (1) of this section and specified in the charge; or | ||
(c) it was reasonable not to have made such arrangements. |