Cap. 10 Art. 319Punishments.

(1) Saving the provisions of articles 19 and 543 of the Criminal Code, the provisions of the next fol1owing sub-articles and any other special provision of this Code, any court of criminal judicature may in respect of any of the contraventions referred to in the last preceding article, award any of the punishments laid down in the Criminal Code for contraventions, either separately or cumulatively, or, if it is of opinion that the offence deserves a heavier punishment, award a fine (multa) or imprisonment for a term not exceeding one month.

(2) When any person is found guilty of a contravention of any of the provisions of article 38(1)(a), article 39 or any regulations made thereunder, or article 190, he shall be liable, on conviction, to a fine (multa) of not less than twenty-three euro and twenty-nine cents

(23.29) and, moreover, if any vehicle or vessel has been used in, or for the purposes of, the commission of the offence, the court shall, at the demand of the prosecution, order the sequestration of such vehicle or vessel, as the case may be, for a term of not less than one month but not exceeding six months and the suspension for an equal term of any driving licence held by the offender, during which period the maintenance of and the repairs (if any) to the vehicle or vessel shall be at the expense of its licensee.

(2A) When any person is found guilty of a contravention of any of the provisions of article 121(2) or article 227, he shall be liable, on conviction, to a fine (multa) of not less than one hundred and sixteen euro and forty-seven cents (116.47) but not exceeding two hundred and thirty-two euro and ninety-four cents (232.94), and if any vehicle or vessel has been used in or for the purpose of the commission of the offence, the court shall at the demand of the prosecution, order the sequestration of such vehicle or vessel, as the case may be, for a term of not less than two months but not exceeding one year and, in the case of a vehicle, the suspension for an equal term of any driving licence held by the offender, during which period the vehicle or vessel shall be at the risk of the owner: Provided that where any person who has not participated in the offence, has a claim to such vehicle the sequestration shall only be ordered if the court is satisfied that no such claim is thereby prejudiced.

(2B) When an offence referred to in sub-article (2A) relates to dumping, the court shall in addition to any penalty which may be imposed in accordance with this Code, also order the offender to remove from the place where the offence has taken place all the material, in respect of which he is found guilty, within a time sufficient for the purpose, to be fixed by the court, and that in default of compliance with that order such material be removed at the expense of the offender, in which case he may be made to refund the expense as a civil debt.

(2C) When in an offence to which sub-article (2A) applies an offender throws or dumps rubbish, refuse, litter or liquid of such size or in such quantity or accumulation as, taken by itself, is sufficient to lead to defacement of any place in the open air or of any part of the coastal waters, he shall be liable, on conviction, to a fine (multa) of not less than one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) but not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) and where any vehicle or vessel has been used in or for the purpose of the commission of the offence, the provisions of sub-article (2A) as regards sequestration and suspension of driving licence shall apply.

(2D) When the offender is not the owner of the vehicle or vessel mentioned in sub-article (2A) or (2C) but has acted under the instructions or with the knowledge of such owner or where such owner had the power to prevent the commission of the offence did not do so, the owner shall be liable on conviction, to the same punishment laid down in sub-articles (2A) and (2C), and the provisions of sub-article (2B) shall be applicable with regard to the owner of the vehicle or vessel.

(2E) If the circumstances in which any material unlawfully dumped or thrown is found, indicate the owner or other person responsible for such material immediately prior to its dumping, such owner or person shall be deemed to have deposited that material and shall be liable to the punishment laid down in sub-articles (2A) and (2C) and the provisions of sub-article (2B) shall be applicable with regard to him, unless he proves that he did not know of the commission of the offence, or although he knew of it did not have the power to prevent it.

(3) Where any person is found guilty of an offence against any of the provisions of article 130 or of article 181 or of any regulations made under any of the said articles, he shall be liable -

(a) on a first conviction, to a fine (multa) of not less than forty-six euro and fifty-nine cents (46.59) but not exceeding four hundred and sixty-five euro and eighty-seven cents (465.87), and

(b) on a second or subsequent conviction, to a fine (multa) of not less than one hundred and sixteen euro and forty-seven cents (116.47) but not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69), or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment.

(4) Where any person is found guilty of an offence against the provisions of article 97(1)(g) or of article 295 of this Code, he shall be liable to a fine (multa) of not less than forty-six euro and fifty-nine cents (46.59) but not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) and moreover to a penalty of not less than four euro and sixty-six cents (4.66) but not exceeding one hundred and sixteen euro and forty-seven cents (116.47) per day from the date of the conviction to the date in which such person complies with the said provisions.

(5) Any person who is found guilty of a contravention against the provisions of article 202 shall be liable -

(a) on a first conviction, to a fine (multa) of not less than four euro and sixty-six cents (4.66), and

(b) on a second or subsequent conviction, to a fine (multa) of not less than eleven euro and sixty-five cents (11.65).

(6) (a) Any person who commits an offence against any of the provisions of articles 205 to 211 of this Code, or of any regulations made under article 214 of this Code, shall, in the case of a first conviction, be liable to a fine (multa) of not less than twenty-three euro and twenty-nine cents (23.29) or to imprisonment for a term not exceeding one month and, in the case of a second or subsequent conviction, to a fine (multa) of not less than one hundred and sixteen euro and forty-seven cents (116.47) or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

(b) When a person is found guilty of an offence as is referred to in paragraph (a), the court shall suspend the relative licence for a period not exceeding twelve months and shall, at the request of the prosecution, order the forfeiture of the gun, firearm, ammunition, weapon, or other article used in the commission of the offence.

(c) The provisions of article 21 of the Criminal Code shall not apply in respect of any conviction for an offence as is referred to in paragraph (a).

(7) It shall also be lawful for the court, in the case of any contravention committed by the owner or driver of a vehicle, or by the owner of a boat, or by a boatman, in the exercise of his calling, to order the sequestration of the vehicle or boat, for a time not exceeding one month, at the expense of the owner.

(8) The sequestration of the vehicle shall be deemed to include the sequestration of the animal which, at the time of the contravention, was attached to it.

(9) Without prejudice to any punishment that may be applicable under the provisions of any other law, any person found guilty of an offence against article 316C shall be liable:

(a) on a first conviction, to a fine (multa) of not less than two hundred and thirty-two euro and ninety-four cents (232.94) but not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69); and

(b) on a second or subsequent conviction to a fine (multa) of not less than one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) but not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37).

(10) Without prejudice to articles 36 and 37 of the Criminal Code, a minor who acts in breach of article 316D:

(a) for a first offence be formally warned by a Member of the Police Force that criminal proceedings will be taken against him if he is caught acting in breach of the same provisions of the law for a second time or more;

(b) for a second offence or more, shall, if convicted, be guilty of a contravention. The competent Court may order such minor to participate in an educational programme which, if and as necessary, may be combined with counselling and which will be provided by an agency staff member: Provided that in ordering the said programme and, or counselling, the competent court shall take into consideration the age of the minor and shall, in all cases, ensure that the programme shall not be in conflict with the minor’s regular attendance at school or other educational institution.

(11) In addition to any penalty which may be imposed by the Court in accordance with sub-articles (9) and (10), a minor who refuses to give, or untruthfully gives to any member of the Police Force in the exercise of his duties, his name, surname, address and other particulars that may be lawfully required, shall be guilty of a contravention.