S.L. 549.42 Art. 27Offences and penalties.

(1) Any person -

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

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

(d) who conspires or attempts, or aids, abets, counsels or procures 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 these regulations, shall be guilty of an offence against these regulations.

(2) Any person who commits an offence against regulations 4, 6, 18, 19, 21, 23 and 24 shall be liable:

(a) on a first conviction to a fine (multa) of not less than five hundred euro (€500) but not exceeding five thousand euro (€5,000) and the confiscation of the corpus delicti. The Court shall also order the suspension of the relevant licence or permit, issued under these regulations and under Part XV of the Code of Police Laws, for a period of not less than two years but not exceeding five years;

(b) on a second or subsequent conviction, to a fine (multa) of not less than one thousand euro (€1,000) 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 confiscation of the corpus delicti. The Court shall also order the permanent revocation of the relevant licence or permit, issued under these 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: Provided further that any person who commits an offence against any other regulation not mentioned in this sub-regulation, which offence involves any bird included in Schedule I or in Schedule IX, or hunts or attempts to hunt, takes or attempts to take birds in the beaches listed in Schedule VII, shall be liable to a punishment according the provisions of this sub-regulation: Provided further that notwithstanding the provisions of this sub-regulation, any person who hunts or attempts to hunt or takes or attempt to take any of the birds included in Schedule I or in Schedule IX, but not included in Schedule II, shall be liable:

(a) on a first conviction to a fine (multa) of five thousand euro (€5,000) or to imprisonment for one year, or to both such fine and imprisonment and to the permanent revocation of the relevant licence or permit, issued under these regulations and under Part XV of the Code of Police Laws, and the confiscation of the corpus delicti;

(b) on a second or subsequent conviction to a fine (multa) of ten thousand euro (€10,000) or to imprisonment for two years, or to both such fine and imprisonment and the confiscation of the This provision corpus delicti. shall also apply to persons who were previously convicted of an offence involving hunting or taking, or attempting to hunt and or take any birds listed in Schedule I or Schedule IX, but not included in Schedule II, prior to the entry into force of this paragraph; and, in the case of such prior conviction where the relevant permit or licence was previously not revoked, the Court shall order the permanent revocation of the relevant permit or licence issued under these regulations and under Part XV of the Code of Police Laws upon the second conviction: Provided further that without prejudice to the provisions of this sub-regulation, in determining the gravity of the offence, the Court may consider, amongst others, the following factors:

(a) the impact that the offence has on the conservation status of the affected species;

(b) the legal or administrative protection status of the area where the offence took place;

(c) the possible damage to the ecological balance or to the habitat as a consequence of the offence;

(d) the impact of the offence on the general public by nature of the time, place, species affected or any other similar consideration inherent to the nature of the offence;

(e) intrinsic value of wildlife;

(f) the socio-economic benefits of wildlife;

(g) public interest; and

(h) potential quantum of the illegal gain.

(3) Any person who commits an offence against any other regulation not mentioned in sub-regulation (2) 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 confiscation of the corpus delicti;

(b) on a second or subsequent conviction, to a fine (multa) of not less than one thousand euro (€1,000) but not exceeding five thousand euro (€5000) or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment as well as the confiscation of the corpus delicti: Provided that the Court may, in 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 relevant licence or permit issued under these regulations and Part XV of the Code of Police Laws for a period of not less than two years but not exceeding five years: Provided further that, without prejudice to the provisions of the third proviso of sub-regulation (2), any person who hunts or attempts to hunt or takes or attempts to take birds without a valid licence shall be liable to the punishments contemplated under sub-regulation (2)(b) and the Courts shall also order that the convicted person shall be disqualified from obtaining the relevant licence or permit under these regulations and under Part XV of the Code of Police Laws for life and where such licence has been permanently revoked in terms of sub-regulation (2)(b) or the Court has already ordered the disqualification from obtaining the relevant licence or permit for life, such person shall, upon conviction, be liable to a fine (multa) of not less that seven thousand euro (€7,000) but not exceeding fifteen thousand euro (€15,000) and to imprisonment for a term of not less than one year but not exceeding two 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.