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FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 176

Apprehension of offenders.

176.(1) If any person (in this section referred to as ["the alleged
offender"]) is found offending against any provision of this Act,

(a)an authorised person may require [the alleged offender] to desist from the
offence and to give his name and address; and

(b)if [the alleged offender]

[(i)]after being so required, wilfully continues the offence or refuses or
fails to give his name and address [, or

(ii)resides outside the United Kingdom,]

(b)the authorised person and any person acting under his directions may
apprehend the [alleged offender.]

(2) Where [the alleged offender] is apprehended under this section by an
authorised person who is not a member of the Royal Ulster Constabulary that
person shall forthwith deliver [the alleged offender] into the custody of a
member of the Royal Ulster Constabulary to be dealt with according to law.

[(2A) Where the alleged offender resides outside the United Kingdom he may be
detained by a member of the Royal Ulster Constabulary until a summons charging
him with the relevant offence has been served upon him, and after the service
of the summons he may be further detained until he enters into a recognizance,
with such sureties or other security as, subject to subsection (2B), the
justice of the peace or other person before whom the recognizance is entered
into thinks fit, conditioned for his appearance at the time and place stated
in the summons; and any such summons may, notwithstanding anything in
section 7 of the Sunday Observance Act (Ireland), 1695, be served on a Sunday.

(2B) The amount in which any party to a recognizance taken under subsection
(2A) is bound, or the amount of any security required to be deposited under
that subsection in lieu of sureties, shall not be greater than the amount of
any fine which could be imposed on the alleged offender if he were convicted
of the relevant offence.]

(3) In this section the expression "authorised person" includes any person who
by virtue of any fishing rights exercisable by him has an interest in the
fishery in which the relevant offence is committed.


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© 1966 Crown Copyright

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