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Indictable and summary proceedings for certain offences.
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2.—(1) A person guilty of an offence under any section of the Principal Act specified in Table 1 to this section shall be liable, on conviction on indictment, to the fine specified in column (3) of Table 1 to this section at the reference number at which that section is specified and to the forfeiture specified in column (4) of that Table at that reference number.
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(2) A District Justice shall have jurisdiction to try summarily any offence referred to in subsection (1) of this section if—
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(a) the Justice is of opinion that the facts proved against the defendant so charged constitute a minor offence fit to be tried summarily,
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(b) the Attorney General consents, and
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(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,
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and upon conviction under this subsection, the said defendant shall be liable to the fine specified in column (3) of Table II to this section at the reference number at which the section of the Principal Act
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to which the offence relates is specified and to the forfeiture (if any) specified in column (4) of that Table at that reference number.
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(3) A person guilty of an offence under section 222A (inserted by this Act) of the Principal Act shall be liable, on conviction on indictment, to the fine specified in column (3) of Table III to this section and to the forfeiture specified in column (4) of that Table.
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(4)
Section 13
of the
Criminal Procedure Act, 1967
, shall apply in relation to an offence referred to in subsection (1) of this section as if the reference in subsection (2) (a) of that section to the penalties provided for in subsection (3) of that section were a reference to the penalty and the forfeiture (if any) provided for in relation to that offence when tried summarily by subsection (2) of and Table II to this section.
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(5) (a) Section 310 of the Principal Act shall not apply to an order dismissing proceedings for an offence under any section of the Principal Act specified in the Tables to this section.
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(b) Part XIX of the Principal Act shall apply to the fines and forfeitures provided for by this section and the Tables to this section as it applies to the fines and forfeitures referred to in that Part and references in sections 316 and 317 of the Principal Act to a District Justice and the District Court shall, in the case of a conviction by a court other than the District Court, be construed as references to that other court.
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TABLE I
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Conviction on Indictment
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Reference Number
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Section of Principal Act
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Fine
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Forfeiture
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(1)
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(2)
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(3)
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(4)
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1.
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Section 221 of Principal Act (restriction on foreign sea-fishing boats entering exclusive fishery limits of State).
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Fine not exceeding £10,000
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Forfeiture, at the discretion of the Court, of all of the following found on the boat to which the offence under the said section 221 relates:
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(a) any fish,
(b) any fishing gear.
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2.
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Section 222 of Principal Act (provisions in relation to foreign sea-fishing boats lawfully entering exclusive fishery limits of State).
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Fine not exceeding £10,000
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Forfeiture, at the discretion of the Court, of all of the following found on the boat to which the offence under the said section 222 relates:
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(a) any fish,
(b) any fishing gear.
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3.
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Section 223 of Principal Act (prohibition of certain methods of fishing within exclusive fishery limits of State).
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Fine not exceeding £10,000
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Forfeiture, as a statutory consequence of conviction of the offence under the said section 223, of all of the following found on the boat to which the said offence relates:
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(a) any fish,
(b) any fishing gear.
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4.
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Section 223 A of Principal Act (conservation of fish stocks and rational exploitation of fisheries).
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Fine not exceeding £10,000
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Forfeiture, as a statutory consequence of conviction of the offence under the said section 223A, of all of the following found on the boat to which the said offence relates:
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(a) any fish,
(b) any fishing gear.
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5.
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Section 226 of Principal Act (restriction on carriage of certain nets on board sea-fishing boats).
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Fine not exceeding £10,000
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Forfeiture, as a statutory consequence of conviction of the offence under the said section 226, of all of the following found on the boat to which the said offence relates:
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(a) any fish,
(b) any fishing gear.
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6.
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Section 227 of Principal Act (restriction on carriage of devices for obstructing meshes of net).
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Fine not exceeding £10,000
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Forfeiture, as a statutory consequence of conviction of the offence under the said section 227, of all of the following found on the boat to which the said offence relates:
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(a) any fish,
(b) any fishing gear.
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TABLE II
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Summary Conviction
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Reference Number
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Section of Principal Act
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Fine
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Forfeiture
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(1)
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(2)
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(3)
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(4)
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1.
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Section 221 of Principal Act (restriction on foreign sea-fishing boats entering exclusive fishery limits of State).
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Fine not exceeding £500
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—
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2.
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Section 222 of Principal Act (provisions in relation to foreign sea-fishing boats lawfully entering exclusive fishery limits of State).
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Fine not exceeding £500
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—
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3.
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Section 223 of Principal Act (prohibition of certain methods of fishing within exclusive fishery limits of State).
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Fine not exceeding £500
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Forfeiture, as a statutory consequence of conviction of the offence under the said section 223, of all of the following found on the boat to which the said offence relates:
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(a) any fish unlawfully caught,
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(b) any fishing gear used in the commission of the said offence.
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4.
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Section 223A of Principal Act (conservation of fish stocks and rational exploitation of fisheries).
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Fine not exceeding £500
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Forfeiture, as a statutory consequence of conviction of the offence under the said section 223A, of all the following found of on the boat which the said offence relates:
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(a) any fish unlawfully caught,
(b) any fishing gear used in the commission of the said offence or to which the said offence relates.
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5.
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Section 226 of Principal Act (restriction on carriage of certain fishing nets on board sea-fishing boats).
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Fine not exceeding £500
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Forfeiture, as a statutory consequence of conviction of the offence under the said section 226, of any fishing net to which the said offence relates found on the boat to which the said offence relates.
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6.
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Section 227 of Principal Act (restriction on carriage of devices for obstructing meshes of net).
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Fine not exceeding £500
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Forfeiture, as a statutory consequence of conviction of the offence under the said section 227, of any device to which the said offence relates found on the boat to which the said offence relates.
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TABLE III
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Conviction on Indictment of Offence Under Section 222A
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Reference Number
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Section of Principal Act
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Fine
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Forfeiture
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(1)
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(2)
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(3)
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(4)
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1.
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Section 222A (fishing while on board foreign sea-fishing boat within exclusive fishery limits of State).
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Fine not exceeding £100,000
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Forfeiture, as a statutory consequence of conviction of the offence under the said section 222A, of all of the following found on the boat to which the said offence relates:
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(a) any fish,
(b) any fishing gear.
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