51Also, subject to the verifications which it is for the referring court to carry out, in accordance with section 28 of the 2006 Act, the sanction varies in relation to the seriousness of the infringement, as determined by the Irish authorities. Indeed, as Ireland explains in its observations, sanctions depend on the nature of the infringement, including on whether the prosecution is summary – which is a procedure not involving a jury, before a single judge, for minor offences – or is on indictment, for more serious offences, a procedure involving a jury. Where a person is convicted, the forfeiture of catches and prohibited or non-compliant fishing gear is mandatory for certain offences prescribed by the 2006 Act, but the court may decide not to order forfeiture for some offences or in the case of a first offence. The court may also apply a more severe sanction and revoke or suspend the licence of the vessel concerned.
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