Cap. 409 Art. 45Special procedure.

(1) Notwithstanding any other law providing for the trial and punishment of offences, where the Authority believes that a person has committed an offence against this Act, other than an offence under article 43(1)(c), the Authority may give notice in writing to such person describing the offence of which the person is accused, indicating the steps to be taken to remedy the offence and the fine which he is required to pay in respect of that offence: Provided that the Authority may not require the payment of a fine higher than two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37).

(2) Where a notice under this article has been given, the person named in the notice may, within twenty-one days of the service of the notice, accept responsibility for the offence specified in the notice and within the same period, or such further period as the Authority may allow, remedy the offence and pay, or undertake in writing to pay, the fine indicated in the notice or such fine as the shall be the fine to which he became liable to pay;

(b) if the offence is remedied and the fine is paid within the period, or further period as aforesaid, no further proceedings may be taken against the said person in respect of the same facts;

(c) if the fine is not paid within the period, or further period as aforesaid, it shall be treated as if it were a fine (multa) ordered to be paid by the court which would have had jurisdiction to take cognisance of the offence, and proceedings may be taken accordingly as if it were an order of that court.

(3) Where the person to whom notice is given under subarticle

(1) does not accept responsibility for the offence or, having accepted such responsibility, fails to remedy the offence within the time aforesaid, ordinary proceedings may be taken against him in accordance with the provisions of the Criminal Code, of this Act and of any other law applicable to the offence.

(4) Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right of appeal to the Court of the Criminal Appeal from any judgement given in proceedings arising out of this Act or of any regulations, rules or orders made hereunder.