The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) (Northern Ireland) Order 2005

Recovery of fines N.I.

16.—(1) Where a fine is imposed by a magistrates' court on a person in charge of a fishing boat who is convicted by the court of an offence under this Order or any equivalent provision, the court may—

(a) issue a warrant of distress against the boat involved in the commission of the offence and its fishing gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and

(b) order such boat and its gear and catch to be detained for a period not exceeding three months from the date of conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.

(2) Articles 114(2) and 154 of the Magistrates Courts (Northern Ireland) Order 1981(1) (postponement of issue of certain warrants and objections as to want of form or variance or variance between complaint etc. and evidence adduced) shall apply to a warrant of distress issued under this Article in Northern Ireland as it applies to a warrant referred to in those Articles of that order.

(3) Where, in relation to a fine in respect of an offence under this Order or any equivalent provision a court orders under section 90 of the Magistrates Court Act 1980(2) or section 222 of the Criminal Procedure (Scotland) Act 1995(3), that a fine shall be enforceable [F1 in Northern Ireland, paragraphs (1) and (2) shall apply as if the fine were imposed by a court in Northern Ireland.] .

Textual Amendments

F1 Words in art. 16(3) substituted (31.10.2016) by The Justice Act (Northern Ireland) 2015 (Single Jurisdiction) (Consequential Amendments and Revocations) Order (Northern Ireland) 2016 (S.R. 2016/317), arts. 1, 26; S.R.2016/317 art. 2(a) (with art. 3)

Commencement Information

I1 Art. 16 in operation at 14.11.2005, see art. 1(1)

(1)

S.I. 1981/1675 (N.I. 26)

(2)

1980 c. 43

(3)

1995 c. 46