Release of seized items upon bond, etc

(1) A person from whom any item was seized or the owner or person entitled to possession of the item seized pursuant to this Act may, within 60 days of such seizure apply to the Court for the release of the item. (2) Upon receipt of an application under sub-section (1), the Court may order, unless the vessel, property or other item is required as an exhibit in court or reasonably required for any further investigation of fisheries offences– (a) the payment into court of a bond, surety or other security having regard to– (i) the fair market value of the vessel, property or other item and catch on board; (ii) the maximum fine or fines provided for the offences charged or likely to be charged; and Fisheries Resources [CAP. 210 85 (iii) the costs likely to be recovered by the prosecution if a conviction is entered; and (b) the release of the vessel, property or other item, upon receipt of the bond, surety or other security referred to in subparagraph (a), and may require such conditions for such release as it sees fit. (3) In the event of an appeal from an order of forfeiture, the Court may continue any such bond, surety or other security deposited in accordance with sub-section (4) during the pendency of the appeal and any retrial or rehearing on remand or may require additional security to be deposited with the court. (4) Exoneration of such bond, surety or other security shall be conditional upon the return of the released item to the court without any impairment of its value, or until any final proceedings under the Act have been disposed of or discontinued, and any fines, penalties or other determinations have been paid. (5) A vessel, property or other item seized under this Act, or where a security has been paid under sub-section (4), the security, shall be held until any proceedings under this Act have been disposed of or discontinued, and any fines, penalties or other determinations imposed have been paid. (6) Where a bond has been paid under sub-section (4) and the vessel or property has been released– (a) an order for forfeiture under this Act shall operate as an order for the forfeiture of the sum paid in respect of the value of the vessel or property; 86 Fisheries Resources (b) the payment of any fine or penalty ordered upon conviction shall be made from the security; and (c) any order for costs shall be applied against the security. bond.