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FISHERIES ACT (NORTHERN IRELAND) 1966 - SECT 197

Power of court to order forfeiture of vehicle.

197.(1) Where a person is convicted of an offence under any provision of
this Act, application may be made, by notice under Part VIII of the
Magistrates' Courts Act (Northern Ireland) 1964, to a court of summary
jurisdiction for the petty sessions district in which that person resides, or
in which the offence was committed, for an order that any vehicle used by him
as an aid to the commission of the offence shall be forfeited.

(2) An application under this section shall not be made

(a)in any event, until the expiration of the period within which notice of an
appeal against the conviction may be given or an application to have a case
stated in connection therewith may be made, or

(b)where such a notice is given or application made, until the conviction is
affirmed or, as the case may be, the appeal is abandoned or dismissed or the
application to have a case stated is finally disposed of,

(3) A court shall not make an order under this section for the forfeiture of a
vehicle unless, not less than fourteen days before the date of the hearing,
the notice under Part VIII of the said Act of 1964 has been served by the
applicant

(a)on the person convicted, and

(b)on any person, other than the person convicted, who appears to the
applicant to have an interest in the vehicle.

(4) Without prejudice to subsection (3) of this section or to subsection (4)
of section 86 of the said Act of 1964, on an application by notice under this
section the court may direct that the notice be published by the applicant in
such manner as the court thinks fit.

(5) Any person on whom a notice is served under subsection (3), and any other
person claiming to have an interest in the vehicle, shall be entitled to
appear and be heard and adduce evidence on the hearing of the application.

(6) Notwithstanding any limitations imposed by section 164 of the said Act of
1964, in any proceedings in consequence of an application under this section
the court may make such order as to the costs of the application and the
proceedings, and the extent to which they are to be paid by any party thereto,
as it thinks fit.]

© 1966 Crown Copyright

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