Rederij Kennemerland BV v Attorney General

• Jurisdiction: Ireland
• Judgment Date: 01 January 1989
• Date: 01 January 1989
• Court: Supreme Court

(H.C., S.C.)

Rederij Kennemerland BV

and

Attorney General

- Validity - Powers of sea fisheries protection officer to detain boat and all persons on board - Power to extend detention conferred on District Justice or peace commissioner - Whether application made as soon as may be - Fisheries (Consolidation) Act, 1959 (No. 14), ss. 233 (1), 233A, 234.

Under s. 233 (1) (g) of the Fisheries (Consolidation) Act, 1959, (the 1959 Act), a sea fisheries protection officer may, on suspicion of a contravention of Chapter II or III of Part XIII of the 1959 Act having taken place, detain a boat and all persons on board pending taking any proceedings under ss. 233A or 234. Under s. 233A of the 1959 Act as inserted by s. 12 of the Fisheries (Amendment) Act, 1978, where a sea fisheries protection officer in the exercise of powers conferred on him by s. 233, detains a boat and the persons on board at a port, he shall (unless he is proceeding under s. 234), as soon as may be, apply to a District Justice, or a Peace Commissioner, where no District Justice is immediately available for an order authorising the continued detention of the boat and those persons. The District Justice or Peace Commissioner may grant such an order authorising that detention for a period of 48 hours if he is satisfied that a contravention of Chapter II or III of Part XIII of the 1959 Act is suspected. After 48 hours have elapsed the boat and each person on board shall be released unless an order providing for any further period of detention has been made under s. 234 before the expiration of the period of detention. S. 234 (1) of the 1959 Act as inserted by s. 13 of the Fisheries (Amendment) Act, 1978, provides that where a sea fisheries protection officer in the exercise of powers conferred on him by s. 233, detains a boat and the persons on board at a port he shall, as soon as may be, bring the master...