28CImmediate suspension of marine licence in certain circumstances

28C Immediate suspension of marine licence in certain circumstances

S. 28C(1) amended by Nos 90/2001 s. 7(1), 68/2009 s. 97(Sch. item 84.3), 65/2010 s. 381(2), 66/2012 s. 8(2)(b)–(d), 36/2013 s. 88(2), 37/2014 s. 10(Sch. item 106.2).

(1) If a person is charged by a police officer with an offence under—

S. 28C(1)(a) substituted by No. 94/2003 s. 34(7).

(a) section 28(1)(b), (e) or (f) where it is alleged that the concentration of alcohol—

S. 28C(1)(a)(i) amended by No. 66/2012 s. 8(2)(a).

(i) in the blood of that person was 0⋅10 grams or more per 100 millilitres of blood; or

S. 28C(1)(a)(ii) amended by No. 66/2012 s. 8(2)(a).

(ii) in the breath of that person was 0⋅10 grams or more per 210 litres of exhaled air; or

(b) section 28(1)(c), or (d)—

where the person was operating a vessel or the master or pilot of a vessel underway or at anchor, any police officer may, at any time after the filing or signing of the charge-sheet charging the offence in accordance with section 6 of the Criminal Procedure Act 2009 until the charge has been determined, give to the accused a notice containing the prescribed particulars informing the accused that his or her marine licence is immediately suspended until the charge has been determined and requiring the accused to surrender the licence document immediately to the person who gave the notice.

S. 28C(1A) inserted by No. 66/2012 s. 8(3), amended by Nos 36/2013 s. 88(3), 37/2014 s. 10(Sch. item 106.2).

(1A) If a person is charged by a police officer with an offence under paragraph (ba), (ca), (ea) or (eb) of section 28(1), any police officer may, at any time after the filing of the charge-sheet charging the offence until the charge has been determined, give to the accused a notice containing the prescribed particulars informing the accused that his or her marine licence is immediately suspended until the charge has been determined and requiring the accused to surrender immediately to the person who gave the notice the licence document.

S. 28C(2) amended by No. 37/2014 s. 10(Sch. item 106.2).

(2) For the purposes of this section a person is charged with an offence when a copy of the information that is signed by the police officer is given to the person.

S. 28C(3) amended by Nos 65/2010 s. 381(3), 66/2012 s. 8(4), 36/2013 s. 88(4).

(3) Immediately on the giving of a notice under subsection (1) or (1A), the marine licence of the accused is suspended until the charge has been determined by a court.

S. 28C(4) amended by Nos 77/2001 s. 31(1)(b), 36/2013 s. 88(5), 34/2023 s. 127(Sch. 1 item 6.3).