The Sea Fishing (North-East Atlantic Control Measures) Order 2000

Penalties

5.—(1) A person found guilty of an offence under article 4(1) or (2) or (where proceedings are brought in England, Wales or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981) article 13(1) or (2) of this Order, shall be liable—

(a) on summary conviction to a fine not exceeding the amount specified in column 3 of the Schedule in relation to the specified Community measure, the contravention of, or failure to comply with, which founded the offence;

(b) on conviction on indictment to a fine.

(2) A person found guilty of an offence under article 4(3) or (4) or (where proceedings are brought in England, Wales or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981) article 13(3) or (4) of this Order, shall be liable—

(a) on summary conviction to a fine—

(i) in the case of an offence under article 4(3) or 13(3), not exceeding the statutory maximum,

(ii) in the case of an offence under article 4(4) or 13(4), not exceeding £50,000;

(b) on conviction on indictment to a fine.

(3) Subject to the following provisions of this article, the court by or before which a person is convicted of an offence founded on a contravention of, or failure to comply with, Article 4.1, 6.1, 9, 24 or 25.1 of the Council Regulation or article 4(3) or (4) or (where proceedings are brought in England, Wales or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981) article 13(3) or (4) of this Order, may order the forfeiture of:

(a) any fish in respect of which the offence was committed; and

(b) any net or other fishing gear used in committing the offence.

(4) Any person found guilty of an offence under this Order (including an offence under Part III in respect of which proceedings were brought in England, Wales or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981) shall, subject to the following provisions of this article, be liable on summary conviction to a fine not exceeding the value of the fish in respect of which the offence was committed.

(5) A person shall not be liable to a fine under paragraph (4) in respect of an offence if, under paragraph (3), the court orders the forfeiture of the fish in respect of which the offence was committed; and where a fine is imposed under paragraph (4) in respect of any offence, the court shall not have power under paragraph (3) to order the forfeiture of the fish in respect of which the offence was committed.

(6) Subject to paragraph (5), any fine to which a person is liable under paragraph (4) 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 article or under any other enactment.