The Sea Fishing (Recovery Measures) Order 2008

Recovery of fines

12.—(1) Where a magistrates’ court imposes a fine on a person convicted of an offence under this Order or under an equivalent provision, the court may—

(a) for the purpose of levying the amount of the fine, issue a warrant of distress against—

(i) the boat involved in the commission of the offence;

(ii) its gear and catch; and

(iii) any property of the person convicted; and

(b) order that the boat, its gear and catch be detained until the earlier of—

(i) the expiry of a period not exceeding three months from the date of the conviction;

(ii) the fine being paid; or

(iii) the amount of the fine being levied in pursuance of any such warrant.

(2) Sections 77(1) and 78 of the Magistrates’ Courts Act 1980(1) apply to a warrant of distress issued under this article as they apply to a warrant of distress issued under Part III of that Act.

(3) Where, in relation to a fine in respect of an offence under this Order or under an equivalent provision, an order under Article 95 of the Magistrates’ Courts (Northern Ireland) Order 1981(2) or section 222 of the Criminal Procedure (Scotland) Act 1995(3) (which deal with transfer of fines from one jurisdiction to another) specifies a local justice area in England and Wales, this article applies as if the fine were imposed by a court within that area.

(1)

1980 c. 43; section 78 was amended by the Courts Act 2000 (c. 39), section 109(1) and Schedule 8 paragraph 219.

(2)

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

(3)

1995 c. 46.