Cap. 125 Art. 17Penal provisions.

(1) Any person who, without lawful excuse, the proof whereof shall lie on him, commits any breach of any order or regulation given or made under this Act, whether by doing anything which he ought not to do or by omitting anything which he ought to do, or by preventing other persons from doing anything which they are enjoined or permitted to do or by undoing or frustrating anything which other persons may have done under the provisions of this Act or of any order or regulation thereunder, or by hindering or obstructing the Director or any other person acting on his behalf under his authority, shall be guilty of an offence under this Act and shall, on conviction, be liable to a fine (multa) of not less than two hundred and thirty-two euro and ninety-four cents (232.94) but not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) or to imprisonment for a period of from fifteen days to three months or to both such fine and such imprisonment: Provided that any person who commits an offence against the provisions contained in article 4(1) and (2), shall on conviction be liable to a fine (multa) of not less than eleven euro and sixty-five cents (11.65) than two hundred and thirty-two euro and ninety-four cents (232.94) or to imprisonment for a period of fifteen days to three months or to both such fine and imprisonment.

(2) In the case of any such breach, the court, besides awarding punishment or applying the provisions of articles 7 and 22 of the Probation Act shall order the offender, where the occasion so requires, to comply with the law within a time, sufficient for the purpose, to be fixed by the court; and, if the offender fails to comply with any such order within the time so fixed, he shall be liable to a fine (ammenda) of from one euro and sixteen cents (1.16) to twenty-three euro and twenty-nine cents (23.29) for every day the default continues after the expiration of the said time.

(3) The court may also order that physical compliance with the requirements of law be carried out by the Police at the expense of the offender, in which case the offender may be made to refund the expense, under the warrant issued by the court.

(4) The powers given to the court under subarticles (2) and (3) shall be deemed to be without prejudice to the powers of the Director under article 3 or to any other power given or which may be given to him or to any other person by any regulation. laid down in the said Code in respect of contraventions:

Provided that criminal action arising out of any provision of this Act shall be barred by the lapse of one year unless a longer period is necessary under any other law in respect of any specific offence.

(2) Every punishment provided for any offence under this Act shall be deemed to be so provided without prejudice to any higher punishment applicable to the offence under any other law whenever the circumstances set out in such other law concur in the offence. In any such case the punishment laid down in that other law shall apply.

(3) Any proceedings for any offence under this Act shall be instituted by the Police in the Court of Magistrates, sitting in a Court of Criminal Judicature.

(4) Notwithstanding the provisions of article 413 of the Criminal Code, every decision of the Court of Magistrates in respect of an offence under this Act may, in all cases, be appealed against by the Attorney General and by the party convicted.