42Additional penalty of disqualification for certain offences

42 Additional penalty of disqualification for certain offences

(1)  This section applies if a court convicts a person of –

(a) an offence under Part 2 that is not specified in column 1 of the table at the foot of section 41 ; or

(b) an obstructive offence.

(2)  The court may, in addition to any other penalty it may impose for the offence, disqualify the person for a period not exceeding 3 years.

(3)  The disqualification may be absolute, or limited in its effect according to such factors, whether as to time, geographic area, maritime activity or otherwise, as the court thinks fit.

(4)  On exercising its power under subsection (2) , the court may also do either or both of the following:

(a) suspend or cancel a local mariners certificate held by the convicted person;

(b) prohibit the person from applying, for a period specified by the court, for a local mariners certificate specified by the court.

(5)  The suspension under subsection (4) may be for –

(a) the same period as the period of disqualification; or

(b) such lesser period as the court thinks fit.

(6)  In exercising its discretions under this section, the court may have regard to such matters as it thinks fit, including  –

(a) any relevant matters; and

(b) the weight that the court gives to the factors of deterrence and punishment in sentencing.

(7)  The court is to cause copies or notice of its sentencing orders to be given to MAST and MAST may inform a corresponding maritime authority of those orders.