Air Navigation and Transport (Amendment) Act, 1998

Offences and penalties.

7.—(1)(a) A person guilty of an offence under section 26 , 37 , 39 , 42 , 47 , 48 , 49 , 50 or 5 1 shall be liable—

(i) on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months, or to both, or

(ii) on conviction on indictment, to a fine not exceeding £100,000, or to imprisonment for a term not exceeding 2 years, or to both,

(b) A person guilty of an offence under any other provision of this Act shall be liable on summary conviction to a fine not exceeding £1,500, or to imprisonment for a term not exceeding 12 months, or to both.

(2) On conviction on indictment for an offence under this Act the court may, in addition to any other penalty, order any aircraft, apparatus, equipment or other thing used to commit the offence to be forfeited.

(3) An order under subsection (2) shall not come into effect until the ordinary time for instituting an appeal against the conviction or order concerned has expired or where such an appeal is instituted, until it or any further appeal is finally decided or abandoned or the ordinary time for instituting any further appeal has expired.

(4) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence under this Act that is not being prosecuted summarily as if, in lieu of the penalties provided for in subsection (3)(a) of that section, there were specified therein the penalties provided for in subsection (1)(a)(i), and the reference in subsection (2)(a) of the said section 13 to the penalties provided for by subsection (3) shall be construed and have effect accordingly.

(5) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other officer of such body corporate or a person who was purporting to act in any such capacity, that officer or person shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.