The Sea Fishing (Transitional EU Technical Conservation Measures) (Scotland) Order 2010

Penalties

4.—(1) A person guilty of a relevant offence is liable—

(a) on summary conviction, to a fine not exceeding the amount specified in column 3 of Schedule 1 in relation to the EU technical conservation measure the contravention of which, or failure to comply with which, constituted the offence; and

(b) on conviction on indictment, to a fine.

(2) The court which convicts a person of a relevant offence may order the forfeiture of—

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

(b) 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) Any person found guilty of a relevant offence, subject to the following provisions of this article, is liable on summary conviction to a fine not exceeding the value of the fish in respect of which the offence was committed.

(4) A person is not 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 does not have power under paragraph (2) to order the forfeiture of the fish in respect of which the offence was committed.

(5) Subject to paragraph (4), any fine to which a person is liable under paragraph (3) is in addition to any other penalty (whether pecuniary or otherwise) to which that person is liable in respect of that offence under this article or under an equivalent provision.