S.L. 549.106 чл. 11Offences and penalties. S.L. 549.42. Cap. 10. S.L. 509.42. Cap. 10. Cap. 446. Cap. 446. S.L. 504.71. Cap. 10. Cap. 9. Cap. 9.

(1) Any person who -

(a) fails to comply with any provision of these regulations or with any order lawfully given in terms of any provision of these regulations; or

(b) contravenes any restriction, prohibition or requirement imposed by or under these regulations; or

(c) acts in contravention of any provision of these regulations; or

(d) conspires or attempts to conspire, or aids or attempts to aid, abets or attempts to abet, counsels or attempts to counsel, procures or attempts to procure any other person to contravene the provisions of these regulations, or to fail to comply with any such provisions (including any order lawfully given in terms of any provision of these regulations) or to contravene any restriction, prohibition or requirement imposed by or under the said regulations, shall be guilty of an offence against these regulations.

(2) Any person who commits an offence against regulations 3(1), 4(3), 7(1)(d) and 9 shall be liable:

(a) on a first conviction to a fine (multa) of not less than two hundred fifty euro (€250) but not exceeding five thousand euro (€5,000), and the possible confiscation of the corpus delicti. The Court shall also order the suspension of any licence or permit, issued under these regulations and under the Conservation of Wild Birds Regulations and under Part XV of the Code of Police Laws, for a period of not less than six months but not exceeding five years;

(b) on a second or subsequent conviction, to a fine (multa) of not less than five hundred euro (€500) but not exceeding ten thousand euro (€10,000) or to imprisonment for a term of not less than six months but not exceeding two years, or to both such fine and imprisonment, and also the possible confiscation of the corpus delicti. The Court shall also order the permanent revocation of any licence or permit, issued under these regulations, under the Conservation of Wild Birds Regulations and under Part XV of the Code of Police Laws: Provided that the Court may, in its discretion, impose a Community Service Order on the offender in terms of the Probation Act.

(3) Any person who commits an offence against any other regulation not mentioned in sub-regulation (1) and its proviso respectively, shall be liable:

(a) on a first conviction to a fine (multa) of not less than five hundred euro (€500) but not exceeding two thousand and five hundred euro (€2,500), and the possible confiscation of the corpus delicti;

(b) a second or subsequent conviction, to a fine (multa) of not less than one thousand euro (€1,000) but not exceeding five thousand euro (€5,000) or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment, as well as the possible confiscation of the corpus delicti: Provided that the Court may, at its discretion, impose a Community Service Order on the offender in terms of the Probation Act: Provided further that the Court shall also order the suspension of the licence or permit issued under these regulations, under the Conservation of Wild Birds

Regulations and Part XV of the Code of Police Laws for a period of not less than two years but not exceeding five years.

(4) Notwithstanding the provisions of article 370 of the Criminal Code, proceedings for an offence against these regulations shall be taken before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, and shall be in accordance with the provisions of the Criminal Code regulating the procedure before the said courts of criminal judicature.

(5) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal to the Court of Criminal Appeal from any judgement given by the Court of Magistrates (Malta) or the Court of Magistrates (Gozo) in respect of proceedings for any offence against these regulations.