S.L. 549.90 Art. 11Offences and penalties. Cap. 446. 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 these regulations 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 (€5,000) 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 may also order the suspension of the 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 any person who commits an offence against these regulations without a valid licence shall be liable to the punishments contemplated under paragraph (b).

(3) Notwithstanding the provisions of section 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 as courts of criminal judicature.

(4) 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.