Well, I think that's certainly a valid concern. I guess the fundamental, underlying issue is that by withholding the vessel, pending trial, on the basis of fear of a new offence, you're essentially presuming that they are guilty, so it overrules the presumption of innocence. That's the underlying concern.
Having said that, if you have a frequent offender, I can see where it might make sense to provide restrictions on releasing the vessel if they've had a prior conviction for illegal or unreported fishing. Stemming from the presumption of innocence—if they've been presumed innocent and done nothing wrong yet until they've been found guilty—the real concern is that you're potentially depriving them of their livelihood, especially if they're acquitted.
It's a bit of a balancing act, and the balancing act on the civil claim side has always been a substitution for security, essentially allowing the vessel to go back into operation. The remedy for a frequent offender, I can only suggest, would be to continue to monitor and rearrest.
Perhaps there should be some additional wording in the legislation that would allow the minister or the courts not to release the vessel on bail if there's been a previous conviction.