Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024
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Offences and penalties | ||
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107. (1) A person guilty of an offence under— | ||
(a) paragraph (b) or (c) of section 10 (6), | ||
(b) section 11 (3), | ||
(c) section 16 (6)(a), | ||
(d) section 42 (3), | ||
(e) section 45 (4)(a), | ||
(f) section 63 (10), | ||
(g) paragraph (a) or (b) of section 86 (5), | ||
(h) section 87 (11), | ||
(i) section 89 (12), | ||
shall be liable— | ||
(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or both, and | ||
(ii) on conviction on indictment, to a fine not exceeding €120,000 or to imprisonment for a term not exceeding 3 years or both. | ||
(2) A person guilty of an offence under— | ||
(a) section 10 (6)(a), | ||
(b) section 16 (6)(b), | ||
(c) section 33 (8), | ||
(d) section 45 (4)(b), | ||
(e) section 96 (3), | ||
shall be liable on summary conviction— | ||
(i) in the case of a first offence, to a class C fine or to imprisonment for a term not exceeding 6 months, or both, and | ||
(ii) in the case of a second or subsequent offence, to a class A fine or to imprisonment for a term not exceeding 12 months, or both. | ||
(3) A person guilty of an offence under— | ||
(a) section 12 (9), or | ||
(b) section 65 (4), | ||
shall be liable— | ||
(i) on summary conviction to a class A fine and to imprisonment for a period not exceeding 12 months or both, and | ||
(ii) on conviction on indictment, to a fine not exceeding €120,000 and to imprisonment for a period not exceeding 3 years or both. | ||
(4) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under this Act may be instituted at any time within two years from the date on which the offence was alleged to have been committed. | ||
(5) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of, or to be attributable to any wilful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, commits an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first mentioned offence. | ||
(6) Where the affairs of a body corporate are managed by its members, subsection (5) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate. |