Merchant Shipping Act 1894

Application of Penalties and Costs of Prosecutions U.K.

699 Application of penalties. U.K.

(1) Where any court, justice of the peace, or other magistrate, imposes a fine under this Act for which no specific application is herein provided, that court, justice of the peace, or magistrate, may if they think fit direct the whole or any part of the fine to be applied in compensating any person for any wrong or damage which he may have sustained by the act or default in respect of which the fine is imposed, [F1 or to be applied in or towards payment of the expenses of the proceedings.]

(2) Subject to any directions under this section or to any specific application provided under this Act, all fines under this Act shall notwithstanding anything in any other Act—

(a) if recovered in [F2 Great Britain], be paid into the Exchequer in such manner as the Treasury may direct, and be carried to and form part of the Consolidated Fund; and

(b) if recovered in any British possession, be paid over into the public treasury of that possession, and form part of the public revenue thereof.

Textual Amendments

F1 Words repealed (E.W.) in relation to courts of summary jurisdiction by Justices of the Peace Act 1949 (c. 101), Sch. 7 Pt. III

F2 Words substituted by Northern Ireland Act 1962 (c. 30), s. 25(1)(a)

700 Expenses of prosecution of misdemeanor. U.K.

Where an offence under this Act is prosecuted as a misdemeanor, the court before whom the offence is prosecuted [F3 may] in England [F3 make the same allowances and order payment of the same costs and expenses as if the offence were a felony], and in any other part of Her Majesty’s dominions may make such allowances and order payment of such costs and expenses as are payable or allowable upon the trial of any misdemeanor or under any law for the time being in force therein.

Textual Amendments

F3 Words repealed (E.W.) by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. III and (N.I.) by Criminal Law Act (Northern Ireland) 1967 (c. 18), Sch. 2 Pt. II

701 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 U.K.

Textual Amendments

F4 S. 701 repealed by Costs in Criminal Cases Act 1908 (c. 15), Sch.