Article 9 Penalties and defence
A person guilty of an offence under articles 3, 4, 5, 6, 7 or 8 of this Order or under any equivalent provision will be liable—
on summary conviction to a fine not exceeding £50,000; and
on conviction on indictment to a fine.
The court by or before which a person is convicted of an offence under article 4, 5, 6, 7 or 8 of this Order or under any equivalent provision may, subject to paragraph (4), also order forfeiture of:
any fish in respect of which the offence was committed; and
except in the case of an offence under article 8 or any equivalent provision, any fishing gear used in the course of, or in activities leading to, the commission of the offence.
Any person found guilty of an offence under article 4, 5, 6, 7, or 8 of this Order or under any equivalent provision will, subject to paragraph (4), also be liable on summary conviction to a fine not exceeding the value of the fish in respect of which the offence was committed.
A person will not be liable to a fine under paragraph (3) in respect of such an offence if, under paragraph (2), the court orders the forfeiture of the fish in respect of which that offence was committed; and where a fine is imposed under paragraph (3) in respect of any offence, the court will not have the power under paragraph (2) to order forfeiture of the fish in respect of which the offence was committed.
References in this article to fish in respect of which an offence was committed include fish caught at any time in the period during which the offence was committed.