28DAppeal to court against suspension of marine licence

28D Appeal to court against suspension of marine licence

(1) A person to whom a notice is given under section 28C(1) may appeal against that notice to the Magistrates' Court.

(2) A person who appeals under subsection (1) must give 14 days' written notice of the appeal (including particulars of any alleged exceptional circumstances) to the Chief Commissioner of Police and a registrar of the Magistrates' Court.

(3) In determining the appeal the court must hear any relevant evidence tendered either by the applicant or by the Chief Commissioner of Police and any evidence of a registered medical practitioner required by the court.

(4) On an appeal under subsection (1) the court may make an order—

(a) confirming the notice; or

(b) cancelling the notice.

(5) The Magistrates' Court must not make an order under subsection (4) cancelling a notice unless it is satisfied that exceptional circumstances exist which justify the making of such an order.

S. 28D(6) amended by No. 65/2010 s. 382(2).

(6) If on the subsequent hearing of the charge the accused's marine licence is cancelled and the accused is disqualified from obtaining a marine licence for a specified time, the court must take into account, in fixing the period of disqualification, the period of suspension under section 28C.

S. 29 amended by Nos 20/1993 s. 6, 23/2001 s. 21, substituted by No. 65/2010 s. 383.