Code of Police Laws (Cap. 10), article 319

319. (1) Saving the provisions of articles 19 and 543 of the Criminal Code , the provisions of the next fol1owing sub-articles and any other special provision of this Code, any court of crim inal judicature may in respect of any of the contraventions referred to in the last preceding article, award any of the punishments laid d own in the Criminal Code for contraventions, either separately or cumulatively, or, if it is of opinion that the offence deserves a heavier punishment, award a fine ( multa ) or imprisonment for a term not exceed ing one month. (2) When any person is found guilty of a contravention of any of the provisions of article 38(1)( a), article 39 or any regulations made thereunder, or article 190, he shall be liable, on convict ion, to a fine (multa) of not less than twenty-three euro and twenty-nine cents (23.29) and, moreover, if any vehicle or vessel has been used i n, or for the purposes of, the commission of the offence, the court s hall, at the demand of the prosecution, order the sequestration of su ch vehicle or vessel, as the case may be, for a term of not less t han one month but not exceeding six months and the suspension for an equal term of any driving licence held by the offender, during which period the maintenance of and the repairs (if any) to the vehicle or vessel shall be at the expense of its licensee. (2A) When any person is found guilty of a contravention of any of the provisions of article 121( 2) or article 227, he shall be liable, on conviction, to a fine ( multa ) of not less than one hundred and sixteen euro and forty-seven cents (116.47) but not exceeding t wo hundred and thirty-two euro and ninety-four cents (232.94), and if any vehicle or vessel has been used in or for the purpose of the commission of the offence, the court shall at the demand of the prosecution, order the sequestration of such vehicle or vessel, as the case may be, for a term of not less than two months but not exceeding one year and, in the ca se of a vehicle, the suspensio n for an equal term of any driving licence held by the offender, duri ng which period the vehicle or vessel shall be at the risk of the owner: Provided that where any person who has not participated in the offence, has a claim to such vehicle the sequestration shal l only be ordered if the court is satisfied that no such claim is ther eby prejudiced. (2B) When an offence referred to in sub-article (2A) relates to dumping, the court shall in addition to any penalty which may b e imposed in accordance with this Code, also order the offender t o remove from the place where the offence has taken place all the material, in respect of which he is found guilty, within a time sufficient for the purpose, to be fixed by the court, and that in default of compliance with that order such material be removed at the expense of the offender, in which case he may be made to refund the expense as a civil debt. (2C) When in an offence to which sub-article (2A) applies an offender throws or dumps rubbish, refuse, litter or liquid of s uch size or in such quantity or accumu lation as, taken by itself, i s sufficient to lead to defacement of any place in the open air o r of any part of the coasta l waters, he shall be liable, on convicti on, to a fine (multa) of not less than one thousand and one hundred and sixty- 48 CAP. 10.] CODE OF POLICE LAWS four euro and sixty-nine cents (1,164.69) but not exceeding two thousand and three hundred and twenty-nine euro and thirty-seve n cents (2,329.37) and where any vehicle or vessel has been used in or for the purpose of the commission of the offence, the provision s of sub-article (2A) as regards sequestration and suspension of dri ving licence shall apply. (2D) When the offender is not the owner of the ve hicle or vesse l mentioned in sub-article (2A) or (2C) but has acted under the instructions or with the knowledge of such owner or where such owner had the power to prevent t he commission of the offence di d not do so, the owner shall be liable on conviction, to the same punishment laid down in sub-articles (2A) and (2C), and the provisions of sub-article (2B) shall be applicable with regard to the owner of the vehicle or vessel. (2E) If the circumstances in wh ich any material unlawfully dumped or thrown is found, indicate the owner or other person responsible for such material im mediately prior to its dumping, such owner or person shall be deemed to have deposited that material and shall be liable to the punishment laid down in sub - articles (2A) and (2C) and the provisions of sub-article (2B) s hall be applicable with regard to him, unless he proves that he did not know of the commission of the offence, or although he knew of i t did not have the power to prevent it. (3) Where any person is found guilty of an offence against any of the provisions of article 130 or of article 181 or of an y regulations made under any of the said articles, he shall be li able - (a) on a first conviction, to a fine ( multa) of not less than forty-six euro and fifty-nine cents (46.59) but not exceeding four hundred and sixty-five euro and eighty- seven cents (465.87), and (b) on a second or subsequent conviction, to a fine ( multa) of not less than one hundred and sixteen euro and forty- seven cents (116.47) but not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69), or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment. (4) Where any person is found guilty of an offence against the provisions of article 97(1)( g) or of article 295 of this Code, he shall be liable to a fine ( multa) of not less than forty-six euro and fifty-nine cents (46.59) but not exceeding on e thousand and one hundred an d sixty-four euro and sixty-nine cents (1,164.69) and moreover to a penalty of not less than four euro and sixty-six cents (4.66) b ut not exceeding one hundred and sixteen euro and forty-seven cents (116.47) per day from the date of the conviction to the date in which such person complies wit h the said provisions. (5) Any person who is found guilty of a contravention against the provisions of ar ticle 202 shall be liable - (a) on a first conviction, to a fine ( multa) of not less than four euro and sixty-six cents (4.66), and CODE OF POLICE LAWS [CAP. 10. 49 (b) on a second or subsequent conviction, to a fine ( multa) of not less than eleven euro a nd sixty-five cents (11.65). (6) ( a) Any person who commits an offence against any of the provisions of articles 205 to 211 of this Code, or of any regul ations made under article 214 of this Code, shall, in the case of a fi rst conviction, be liable to a fine ( multa ) of not less than twenty-three euro and twenty-nine cents (23.29) or to imprisonment for a ter m not exceeding one month and, in the case of a second or subsequent conviction, to a fine ( multa) of not less than one hundred and sixteen euro and forty-seven cents (116.47) or to imprisonment for a te rm not exceeding three months or to both such fine and imprisonment. (b) When a person is found guilty of an offence as is referred to in paragraph ( a), the court shall suspend the relative licence for a period not exceeding twelve months and shall, at the request of the prosecution, order the forfeiture of the gun, firearm, ammuniti on, weapon, or other article used in the commission of the offence. Cap. 9.(c) The provisions of article 21 of the Criminal Code shall not apply in respect of any convictio n for an offence as is referre d to in paragraph ( a). Power of court to order sequestration of vehicle or boat. (7) It shall also be lawful for t h e c o u r t , i n t h e c a s e o f a n y contravention committed by the owner or driver of a vehicle, or by the owner of a boat, or by a boatman, in the exercise of his ca lling, to order the sequestration of the vehicle or boat, for a time n ot exceeding one month, at the expense of the owner. Sequestration of vehicle to include sequestration of animal. (8) The sequestration of the vehicle shall be deemed to include the sequestration of the animal which, at the time of the contravention, was attached to it. (9) Without prejudice to any punishment that may be applicable under the provisions of any other law, any person fo und guilty of an offence against article 316C shall be liable: (a) on a first conviction, 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); and (b) on a second or subsequent conviction to a fine ( multa) of not less than one thousand and one hundred and sixty- four euro and sixty-nine cents (1,164.69) but not exceeding two thousand and three hundred and twenty- nine euro and thirty-s even cents (2,329.37). Cap. 9.(10) Without prejudice to articles 36 and 37 of the Criminal Code, a minor who acts in b reach of article 316D: (a) for a first offence be form ally warned by a Member of the Police Force that crimi nal proceedings will be taken against him if he is caught acting in breach of t h e s a m e p r o v i s i o n s o f t h e l a w f o r a s e c o n d t i m e o r more; (b) for a second offence or more, shall, if convicted, be guilty of a contravention. The competent Court may 50 CAP. 10.] CODE OF POLICE LAWS order such minor to participate in an educational programme which, if and as necessary, may be combined with counselling and which will be provided by an agency staff member: Provided that in ordering the said programme and, or counselling, the competent court shall take into consideration the age of the minor and shall, in all cases, ensure that the pr ogramme shall not be in conflict with the minor’ s r egular attendance at school or other educational institution. (11) In addition to any penalty which may be imposed by the Court in accordance with sub-articles (9) and (10), a minor who refuses to give, or untruthfully gives to any member of the Pol ice Force in the exercise of his duties, his name, surname, address and other particulars that may be lawfully required, shall be guilt y of a contravention. Power of court to cancel or suspend licence of shopkeepers, etc.