European Union (Sea-fisheries and Maritime Jurisdiction Act 2006) (Amendment) Regulations 2022 (S.I. No. 407/2022).

These Regulations amend section 28 of the Sea Fisheries and Maritime Jurisdiction Act 2006 in section 28 by inserting the following subsections after subsection (6): “(6A) Where a person who is convicted of an offence to which subsection (1A), (5)(b) or (6)(b) applies demonstrates that the mandatory forfeiture required by the subsection concerned is disproportionate, the court may in those exceptional circumstances adjust, modulate or mitigate the extent of the mandatory forfeiture order. In making this assessment the court shall have regard to the requirement that the severity of the sanctions must be commensurate with the seriousness of the breaches for which they are imposed, in particular by ensuring a genuinely dissuasive effect. (6B) Where the Court decides under subsection (6A) to substitute an order of forfeiture that it deems appropriate in place of a mandatory forfeiture required by this section as a statutory consequence of conviction, it shall give reasons for doing so.”.