PART XIAUTHORISED PERSONS

Powers

176 F1Apprehension of offenders.

1

If any person (in this section referred to as [F2 “the alleged offender” ]) is found offending against any provision of this Act,—

a

an authorised person may require [F2 the alleged offender] to desist from the offence and to give his name and address; and

b

if [F2 the alleged offender]—

F3i

after being so required, wilfully continues the offence or refuses or fails to give his name and addressF4 to the satisfaction of the authorised person [F3, or

ii

resides outside the United Kingdom,]

the authorised person and any person acting under his directions may apprehend the [F2 alleged offender.]

2

Where [F2 the alleged offender] is apprehended under this section by an authorised person who is not a member of the Royal Ulster Constabulary that person shall forthwith deliver [F2 the alleged offender] into the custody of a member of the Royal Ulster Constabulary to be dealt with according to law.

F32A

Where the alleged offender resides outside the United Kingdom he may be detained by a member of the Royal Ulster Constabulary until a summons charging him with the relevant offence has been served upon him, and after the service of the summons he may be further detained until he enters into a recognizance, with such sureties or other security as, subject to subsection (2B), the justice of the peace or other person before whom the recognizance is entered into thinks fit, conditioned for his appearance at the time and place stated in the summons; and any such summons may, notwithstanding anything in section 7 of the Sunday Observance Act (Ireland), 1695 [1695 c.17] , be served on a Sunday.

2B

The amount in which any party to a recognizance taken under subsection (2A) is bound, or the amount of any security required to be deposited under that subsection in lieu of sureties, shall not be greater than the amount of any fine which could be imposed on the alleged offender if he were convicted of the relevant offence.]

3

In this section the expression “authorised person” includes any person who by virtue of any fishing rights exercisable by him has an interest in the fishery in which the relevant offence is committed.