Cap. 395 Art. 68Compromise penalty.

(1) Notwithstanding any other provisions of this Act, the

Director may, in the case of any offence under this Act, enter into an agreement in writing with the offender whereby the said offender pays a sum equivalent to the fine (multa) that may be imposed by way of penalty in accordance with this Act on the conviction of that person for the said offence, so however that where a minimum and a maximum amount is provided for in respect of the fine (multa) that may be so imposed, the sum payable pursuant to the said agreement shall be a sum equivalent to the said minimum amount increased by one half of the difference between the said minimum and maximum amounts and upon the signing of any such agreement by the Director and the offender, all criminal liability of the offender under this Act with regard to the offences in relation to which the agreement has been entered shall be extinguished.

(2) The provisions of subarticle (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 subarticle (1) shall be reduced by ten per cent.

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

(4) The provisions of this article shall be without prejudice to any proceedings or forfeiture instituted or having effect in virtue of any other law.