Section 11 Penalties for offences.C1E1C2
England and Wales
Any person guilty of an offence F2under sections 1 to 7 of this Act shall be liable on summary conviction, or on conviction on indictment, to a fine.
Subject to the following provisions of this section, the court by or before which a person is convicted of an offence under any of the following provisions of this Act, that is to say, sections 1, 3, F3..., 4A(3) and (6), 5(1) and (6) and 6(5) and (5A)(b) may—
in the case of an offence under section 1, order the forfeiture of any fish in respect of which the offence was committed;
in the case of an offence under section 3, order the forfeiture of the net or other fishing gear in respect of which the contravention constituting the offence occurred;
in the case of an offence under section F4... 4A(3) or (6), order that the owner or the charterer (if any) of the vessel used to commit the offence or, as the case may be, of the vessel named in the licence of which a condition is broken, be disqualified for a specified period from holding a licence under that section in respect of that vessel;
in the case of an offence under F5... section 5(1) or (6), order the forfeiture of any fish in respect of which the offence was committed and of any net or other fishing gear used in committing the offence;
in the case of an offence under section 6(5) or (5A)(b), order the forfeiture of any fish in respect of which the offence was committed and of any net or other fishing gear used on the vessel in catching any fish landed or trans-shipped in contravention of an order under that section.
Any person guilty of an offence under section 1, 3, F6..., 4A(3) or (6), 5(1) or (6) or 6 of this Act shall, subject to F7subsection (4) below, be liable on summary conviction to a fine not exceeding the value of the fish in respect of which the offence was committed or, in the case of an offence under section 3, the fish caught with the net or other fishing gear in respect of which the contravention constituting the offence occurred.
A person shall not be liable to a fine under subsection (3) above in respect of an offence if, under subsection (2) above, the court orders the forfeiture of the fish in respect of which the offence was committed; and where a fine is imposed under subsection (3) above in respect of any offence, the court shall not have power under subsection (2) above to order the forfeiture of the fish in respect of which the offence was committed.
Subject to subsection (4) above, any fine to which a person is liable under subsection (3) above in respect of an offence shall be in addition to any other penalty (whether pecuniary or otherwise) to which he is liable in respect of that offence under this section or under any other enactment.
Annotations
Textual amendments
- F1
S. 11(1)–(3) substituted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 24(1)
- F2
Words in s. 11(1) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 4(2) (with reg. 5(1))
- F3
Words in s. 11(2) omitted (E.W.N.I.) (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 6(7)(b)(i) (with Sch. 4 para. 31)
- F4
Words in s. 11(2)(c) omitted (E.W.N.I.) (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 6(7)(b)(iii) (with Sch. 4 para. 31)
- F5
Words in s. 11(2)(d) omitted (E.W.N.I.) (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 6(7)(b)(v) (with Sch. 4 para. 31)
- F6
Words in s. 11(3) omitted (E.W.N.I.) (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 6(7)(c) (with Sch. 4 para. 31)
- F7
Words in s. 11(3) substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 15 para. 4; S.I. 2009/3345, art. 2, Sch. para. 8; and amendment extended (S.) (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 158, 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a)
Modifications
- C1
S. 11 extended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 30(1)(b)
- C2
S. 11 applied (17.6.2024) by The Sea Fisheries (Remote Electronic Monitoring and Regulation of Scallop Fishing) (Scotland) Regulations 2024 (S.S.I. 2024/165), regs. 1(2)(b), 12(6)
Extent
- E1
This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only