| (1) |
If a fishing vessel, vehicle or aircraft is taken, seized or detained in terms of this Act and judicial proceedings are instituted in respect of an offence for which the vessel has been detained, the master, owner, charterer or agent of the owner or the charterer of the vessel, vehicle or aircraft may at any time apply to the court which will hear the matter, for the release of the vessel, vehicle or aircraft on the provision of security in terms of this section. |
| (2) |
On hearing the application the court shall— |
| (a) |
determine the amount of security to be deposited with the court by adding to the value of the vessel, vehicle or aircraft— |
| (i) |
the maximum fine for the offence or offences alleged; and |
| (ii) |
costs and expenses incurred or reasonably foreseen to be incurred by the State, and recoverable in terms of this Act, |
and order the release of the vessel subject to the lodging of a guarantee or depositing of the security as determined; or
| (b) |
where it is satisfied that there are special and exceptional circumstances to justify it doing so, order the release of the vessel, vehicle or aircraft subject to the payment of security which is less than the amount contemplated in paragraph (a). |
| (3) |
The furnishing of security shall, subject to subsection (4), be subject to the conditions that the court determine. |
| (4) |
Any security granted in terms of subsection (2) shall be subject to the condition that, if— |
| (a) |
the accused is found not guilty of the charge; or |
| (b) |
the accused, on being convicted of the charge, pays in full within 14 days, or such time as the court may determine, after he or she is convicted, the amount of the fine imposed by the court and the amount of all costs and expenses due by him or her to the State in terms of subsection (2), |
the security shall be of no effect and any amount that has been deposited, shall forthwith be returned to the accused.
| (5) |
Any security granted in terms of subsection (2) shall be recoverable in full in any court as a debt due to the State jointly and severally by the person or persons by whom the security has been given unless the person or persons prove the due performance of the conditions on which the security was given. |
| (6) |
The Minister may order the release of any vessel, vehicle, aircraft or gear, equipment or fish seized in terms of this Act. |
Implementation of Geneva Conventions Act, 2012
