Health (Family Planning) Act, 1979
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Penalties. |
14.—(1) A person guilty of a first offence under this Act shall be liable, on summary conviction, to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both the fine and the imprisonment. | |
(2) A person guilty of a second or subsequent offence under this Act shall be liable, on conviction on indictment, to a fine not exceeding £5,000 together with, in the case of a continuing offence, a fine not exceeding £250 for each day or part of a day for which the offence is continued after the first such day or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both the fine or fines and the imprisonment. | ||
(3) A Justice of the District Court shall have jurisdiction to try summarily a second or subsequent offence under this Act if— | ||
(a) the Justice is of opinion that the facts proved or alleged against a defendant charged with such an offence constitute a minor offence fit to be tried summarily, | ||
(b) the Director of Public Prosecutions consents, and | ||
(c) the defendant (on being informed by the Justice of his right to be tried by a jury) does not object to being tried summarily, and, upon conviction under this subsection, the said defendant shall be liable to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both the fine and the imprisonment. | ||
(4) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to a second or subsequent offence under this Act as if, in lieu of the penalties specified in subsection (3) of that section, there were specified therein the penalties provided for by subsection (3) of this section, and the reference in subsection (2) (a) of that section to the penalties provided for by subsection (3) of that section shall be construed accordingly. |