Cap. 37 Art. 63AExtinction of criminal liability in certain cases.

(1) Notwithstanding any other provision of this Ordinance, the

Commissioner may, only as far as the provisions of this Ordinance are concerned, and without prejudice to any other proceedings to which the offender may be liable under any other law, enter into an agreement in writing with the offender whereby the said offender pays a sum equivalent to the fine (multa) that would be due by way of penalty in accordance with the provisions of this Ordinance, and upon the signing of any such agreement by the Commissioner and the offender, all criminal liability of the offender under this Ordinance, with regard to the offences in relation to which the agreement has been entered, shall be extinguished: Provided that any forfeiture contemplated in the Ordinance as a consequence to the offence to which the agreement relates, shall notwithstanding such agreement, still take effect unless the offender elects to pay also to the Commissioner, a sum equivalent to the value of the goods forfeited together with any amount of duty or levy due thereon. Such value shall be determined in accordance with the provisions of the Import Duties Act.

(2) The provisions of sub-article (1) shall apply also in any case where the offender has been charged before a court in relation to the offence, but before final judgment has been given in the case: Provided that where proceedings before a court have not been commenced, the sum payable in accordance with any agreement as contemplated in sub-article (1) shall be reduced by ten per centum.

(3) The provisions of sub-article (1) shall not apply in relation to an offence concerning goods mentioned in the First Schedule.

(4) Any sum due in virtue of an agreement entered into in terms of sub-article (1), shall be due to the Government as a civil debt. The Commissioner shall not enter into an agreement as is referred to in sub-article (1), unless such agreement is accompanied by the payment of the sum due or a sufficient security for its payment.

(5) For the purposes of this article, the signing of this agreement shall also mean that the person is renouncing to any claim he may have against the Commissioner, the State Advocate or the Attorney General resulting from the case.