Cap. 291 Art. 10Decisions of the Commissioners.

(1) Where a Commissioner decides that the person charged has not committed the scheduled offence specified in the charge, the person to whom such decision applies shall not, in respect of such offence, be subject to any further proceedings before a Commissioner or before any court.

(2) Where a Commissioner decides that the person charged has committed the scheduled offence specified in the charge, a

Commissioner shall declare such person guilty of an infringement and shall order such person to pay a penalty in an amount not exceeding the maximum of the fine (multa or prescribed ammenda) by law for the offence and where such law provides for the sequestration of any object used in the commission of the offence, or for the revocation or suspension of any licence the Commissioner shall order such sequestration or such revocation or suspension in addition to the penalty: Provided that where the Commissioner decides that the person charged committed the scheduled offence specified in the charge, he shall order that where the person charged does not pay the fine (multa or within one month from when the case ammenda) is decided finally, the person charged shall pay a penalty of eleven euro and sixty-five cents (11.65) in addition to the fine (multa or ammenda).

(3) Where a Commissioner has made an order for the payment of such penalty, the Registrar of the Tribunal or other person designated by the Minister responsible for justice, shall, and in cases where the original penalty arising from the charge is due to a Local Council or to some other authority in terms of any act, that Local Council or authority shall as soon as such order is made, proceed to the collection of the penalty. The Registrar shall immediately inform the proper authorities in writing of any forfeiture of any object used in the commission of the offence, or of the revocation or suspension of any licence ordered by a Commissioner and shall send the authority a certified copy of the judgement of the Commissioner.

(4) Where due to the commission of an offence, any public authority, including a local council, has incurred expenses to remedy the consequences of the said offence, the Commissioner may also order the payment to such authority of a sum not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) that may be proved to his satisfaction to have been expended by such authority to remedy such consequences. Such amount shall be without prejudice to any other action before any court to recover any expense beyond the sum awarded by the Commissioner, and such amount shall be recoverable by such authorities as a civil debt, liquidated and certain.

(5) The amount of the penalty shall be due and owing to the Government or where the penalty is due to a Local Council in terms of the Local Government Act, the amount of the penalty shall be due and owing to that Local Council, as a civil debt, liquidated and certain, and may be collected by the Registrar of Courts or by the Local Council, as the case may be. The order referred to in sub-article (2) shall constitute an executive title within the meaning and for the purposes of Title VII of Part I of Book Second of the Code of Organization and Civil Procedure.

(6) The civil debt mentioned in sub-article (5) shall not pass on to the heirs of the person ordered to pay any such penalty.

(7) A person who fails to pay a penalty imposed upon him under this Act, whether by the Commissioner or by a Court, for an offence against the Medical and Kindred Professions Ordinance or the Dangerous Drugs Ordinance may, upon the demand of the Registrar of the Tribunal or of the Registrar of Criminal Courts, as the case may be, be brought before the Tribunal or before the Court for the purpose of a determination being made as to whether the cause of the failure to pay is drug dependence and in the case that the Commissioner or the Court are of the opinion that on the basis of probabilities the person found guilty has failed to pay the penalty due to a problem of drug dependence they shall be entitled to order that the said person be referred to the Drug Offenders Rehabilitation Board established under article 6 of the Drug

Dependence (Treatment not Imprisonment) Act, and the powers and functions of that Board shall mutatis mutandis apply to that person without prejudice to the other provisions of this Act.