Part 8Enforcement

Chapter 4Fisheries enforcement powers

Forfeiture

I1278Forfeiture by court following conviction

1

This section applies where a court by or before which a person is convicted of an offence under the fisheries legislation orders the forfeiture of any fish or any fishing gear in respect of that offence.

2

The court must order that the property to be forfeited is to be taken into the possession of the person or body by whom proceedings for the offence were brought.

3

The property may be disposed of as that person or body thinks fit.

4

Any proceeds arising from the disposal of the property may be retained by the person or body.

5

The court may order any person convicted of the offence to pay any costs reasonably incurred by any person or body in storing the property that is to be forfeited.

6

In this section—

  • F2assimilated restriction” means a restriction that—

    1. a

      was created or arose by or under the EU Treaties before IP completion day, and

    2. b

      forms part of assimilated law,

    as modified from time to time;

  • the fisheries legislation” means—

    1. a

      any enactments relating to sea fishing (including any enactment relating to fishing for shellfish, salmon or migratory trout);

    2. b

      any F1F3assimilated restriction or F3assimilated obligation relating to sea fishing;

  • F4...