Article 7 Offences

(1)

Any person who contravenes any byelaw made under article 4, or who contravenes article 6, shall be guilty of an offence.

(2)

Any person guilty of an offence under this article shall be liable–

(a)

on summary conviction to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding three months; and

(b)

on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

(3)

In addition to any penalty imposed by paragraph (2), the court before which a person is convicted of an offence under article 6 may order the forfeiture of–

(a)

any licence issued to that person under section 25 of the 1975 Act;

(b)

any fish in respect of which the offence was committed; and

(c)

any net or other fishing instrument, vessel or vehicle used in the commission of the offence,

and may order that that person be disqualified from holding a licence under section 25 of the 1975 Act for such period as may be specified.

(4)

Proceedings for an offence under this article may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the Sheriffdom of Dumfries and Galloway or within the Commission of the Peace for Cumbria.