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Cap. 395 · cap/395 (Cap. 395)

Cap. 395 Art. 67Prosecution. Cap. 9. Cap. 9. Cap. 446.

PART XII

In forceOfficial text

(1) No proceedings under this Part shall be taken except at the instance or with the sanction of the Director.

(2) Notwithstanding the provisions of the Criminal Code the

Attorney General shall have a right of appeal to the Court of Criminal Appeal from any judgment given by the Court of Magistrates in respect of criminal proceedings under this Part.

(3) The institution of proceedings or the imposition of a penalty for any offence under this Part shall not relieve any person from prosecution under any other law or from liability under this Act, and the institution of proceedings or the imposition of a penalty for any offence under any other law or the payment of any tax under this Act shall not relieve any person from any prosecution or penalty under this Part.

(4) Where a pecuniary punishment may be imposed in respect of an offence under this Part such pecuniary punishment shall always be imposed and the provisions of article 21 of the Criminal Code and of the Probation Act shall not apply.

(5) In any criminal proceedings under this Part or under any regulations made under this Act, the Director personally or any other officer designated by him may, notwithstanding the provisions of any other law, produce the evidence, plead and otherwise conduct the prosecution instead of or jointly with the Police.

(6) Should the evidence of the Director or of the officer designated under subarticle (5) be required as part of the case for state the facts constituting the offence before giving evidence.