The Harbour Authority regularly enforces the byelaws and has an Enforcements and Prosecutions policy.

Penalties for Breach of Harbour Bye-laws

Penalties for Breach121 (1) Any person who contravenes or otherwise fails to comply with any of these Bye-laws, or any conditions requirement or prohibition imposed by the Harbour Master in the exercise of the powers conferred upon him by these Bye-laws, shall be guilty of an offence and be liable, on conviction before a court of summary jurisdiction, to a fine as follows:

for the contravention of Bye-laws (14 (2)(b), 34, 35, 49, 51, 77, 85, 86, 88, 94 and 95 not exceeding level 2 on the Standard Scale;

for the contravention of any other Bye-law, not exceeding level 3 on the Standard Scale

Where the commission by any person of an offence under these Bye-laws is due to the act or default of some other person, that other person shall be guilty of an offence; and that other person may be charged with, and convicted of, the offence by virtue of this Bye-law, whether or not proceedings for the offence are taken against any other person; In any proceedings for an offence under these Bye-laws, it shall be a defence for the person charged to prove:-

that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an office; or that he had a reasonable excuse for his act or failure to act.  If, in any case, the defence provided by paragraph (3)(a) of this Bye-law involves the allegation that the commission of the offence was due to the act or de fault of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless,  within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that person as was then in his possession.

Criminal Justice Act 1982 - Section 37 (2)

Standard Scale Level 2 - Maximum Fine £500

Standard Scale Level 3 - Maximum Fine £1,000

(last amended 1991)

Related Documents

Torbay Harbour Enforcement and Prosecution Policy

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