OpenLegislation

Article 4 Penalties

Original text. Later amendments are not shown.

(1)

A person guilty of an offence under article 3(1) of this Order shall be liable on summary conviction–

(a)

to a fine not exceeding the amount specified in column 3 of Schedule 1 to this Order in relation to the specified Community provision, the contravention of, or failure to comply with which, founded the offence; and

(b)

either–

(i)

to a fine not exceeding the value of any fish in respect of which the offence was committed, or

(ii)

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

(c)

to the forfeiture of any net or other fishing gear in respect of which the offence was committed, or which was used in committing the offence, or which was used for catching any fish in respect of which the offence was committed.

(2)

A person guilty of an offence under article 3(1) of this Order shall be liable on conviction on indictment–

(a)

to a fine; and

(b)

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

(c)

to the forfeiture of any net or other fishing gear in respect of which the offence was committed, or which was used in committing the offence, or which was used for catching any fish in respect of which the offence was committed.

(3)

A person guilty of an offence under article 3(2) of this Order shall be liable on summary conviction–

(a)

to a fine not exceeding the statutory maximum; and

(b)

either–

(i)

to a fine not exceeding the value of the fish in respect of which the offence was committed, or

(ii)

to the forfeiture of the fish in respect of which the offence was committed.

(4)

A person guilty of an offence under article 3(2) of this Order shall be liable on conviction on indictment–

(a)

to a fine; and

(b)

to the forfeiture of the fish in respect of which the offence was committed.