Prosecutions

PENALTIES FOR CONTRAVENTION OF IFCA BYELAWS

 Where any vessel is used in contravention of any IFCA byelaw the master, the owner and the charterer if any are each guilty of an offence. The maximum penalty for a breach of any of the Committee’s byelaws is £50,000 (Section 163 Marine & Coastal Access Act 2009).

Offences in relation to enforcement officers – Marine & Coastal Access Act 2009 Section 292 Offences in relation to Enforcement Officers

(1)        A person is guilty of an offence if –

(a)        the person fails without reasonable excuse to comply with a requirement reasonably made, or a direction reasonably given, by an enforcement officer in the exercise of any power conferred by this Part, or

(b)        the person prevents any other person from complying with any such requirement or direction.

(2)        A person is not guilty of an offence by reason of a failure to comply with a requirement made under subsection (1) of section 257 if the person complies with subsection (2) of that section.

(3)        A person who provides information in pursuance of a requirement reasonably made by an enforcement officer in the exercise of the power conferred by section 263 is guilty of an offence if –

(a)        the information is false in a material particular, and the person knows that it is or is reckless as to whether it is, or

            (b)        the person intentionally fails to disclose any material particular.

(4)        A person who intentionally obstructs an enforcement officer in the performance of any of the officer’s functions under this Act is guilty of an offence.

(5)        A person who assaults an enforcement officer in the performance of any of the officer’s functions under this Act is guilty of an offence.

(6)        A person who, with intent to deceive, falsely pretends to be an enforcement officer is guilty of an offence.

(7)        A person who is guilty of an offence under subsection (1), (3) or (6) is liable –

            (a)        on summary conviction, to a fine not exceeding the statutory maximum;

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

(8)        A person who is guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding £20,000.

(9)        A person who is guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding £50,000.

(10)      Proceedings for an offence under this section may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of the United Kingdom.

(11)      In this section any reference to an enforcement officer includes a reference to a person assisting an enforcement officer by virtue of section 260.