Part 8Enforcement

Chapter 4Fisheries enforcement powers

Detention of vessels in connection with court proceedings

I1280Release of vessels detained under section 279

1

This section applies where a vessel is being detained under section 279.

2

The vessel ceases to be detained under that section if one of the following things occurs—

a

the notice of detention is withdrawn;

b

the court orders the release of the vessel under section 281;

c

any proceedings taken against the master, owner or charterer of the vessel have concluded;

d

the court referred to in section 279(1)(b)(ii) exercises any power it has to order the vessel to be detained.

3

A notice of detention may be withdrawn by service of a further notice signed by an appropriate enforcement officer.

4

In subsection (3) the reference to an appropriate enforcement officer is a reference to any enforcement officer acting on behalf of the same relevant authority as the enforcement officer who served the notice of detention, and includes a reference to that officer.

5

If any of the grounds for release mentioned in subsection (6) applies, then any notice of detention must be withdrawn as soon as possible.

6

The grounds for release referred to in subsection (5) are—

a

that the relevant authority has decided not to take proceedings against the master, owner or charterer of the vessel;

b

that there are no grounds for believing that any person referred to in paragraph (a) against whom proceedings have been, or may be, taken will fail to attend court;

c

that there are no grounds for believing that the court referred to in section 279(1)(b)(ii) will order the vessel to be detained.

7

In this section “notice of detention” means a notice served under section 279(4).