Jump to content


Yet another petition ignored!


2 replies to this topic

#1 mactheboat

mactheboat

    Deckie

  • Members
  • Pip
  • 2 posts

Posted 22 February 2011 - 05:44 PM

I note our glorious government (or more likely some of their minions) have chosen to ignore the latest(concluded)petition - re.the use of POCA to strip assets - but it`s all right,they are doing it for our own good!  I might have a little more faith in their pronouncements if they,perhaps, used the same agency to deal with the MPs that have been caught stealing from the public-if that is not premeditated and ongoing,I don`t know what is!

#2 Barry McCrindle

Barry McCrindle

    Skipper

  • Administrators
  • 54 posts
  • LocationAyrshire

Posted 22 February 2011 - 05:52 PM

Here's the reply

Quote

Government response

The Marine Management Organisation (MMO; previously the Marine and Fisheries Agency (MFA)), is responsible for enforcing fisheries laws. Fisheries offences are not punishable by imprisonment.  The maximum penalty available on summary conviction is a fine of £50,000.  An unlimited fine is available for conviction on indictment.

The MMO does occasionally, however, use confiscation orders under the Proceeds of Crime Act 2002 in serious cases where criminal convictions have already been obtained.  Confiscation orders are used only when the MMO considers the offending behaviour has been organised, taken place over a period of time and involves systematic repeat offending.  Such offending can give the offenders a considerable financial advantage over their fellow, law abiding fishermen, and distort markets, forcing the law abiding to achieve lower prices for their catch.  Confiscation orders, therefore, enable the prosecutor to ask the courts to remove the financial benefit that the accused has unfairly gained through the commission of offences.  The MMO is one of a number of enforcement agencies which use these orders occasionally where it is justified in the circumstances.  It is important to note that these orders are not fines, which may be imposed separately by the courts.

Decisions to use confiscation orders are not taken lightly, but only in order to protect both fish stocks and the livelihoods of fishermen.  Orders are unlikely to be sought in respect of individual fishermen.

I always see both sides of the argument, the one that's wrong and mine.....

#3 mactheboat

mactheboat

    Deckie

  • Members
  • Pip
  • 2 posts

Posted 22 February 2011 - 05:55 PM

Thanks for that Barry - cutting and pasting is a skill I have yet to aquire.



Reply to this topic