Pyramid Selling Act, 1980
|
Penalties. |
6.—(1) A person guilty of an offence under this Act shall be liable, on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both the fine and the imprisonment. | |
(2) A Justice of the District Court shall have jurisdiction to try summarily an 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. | ||
(3) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence under this Act as if, in lieu of the penalties provided for in subsection (3) of the said section, there were specified therein the penalties provided for in subsection (2) of this section, and the reference in subsection (2) (a) of the said section 13 to the penalties provided for in the said subsection (3) shall be construed and have effect accordingly. | ||
(4) (a) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence referred to in subsection (1) of this section of which a person was convicted and which was dealt with summarily by the District Court, it may, at its discretion, on the application (made before the time of such imposition or affirmation) of any person who was summoned as a witness on behalf of the prosecution in the proceedings in which the fine was imposed and who suffered personal loss resulting, wholly or partly, from the offence, provide by order for the payment of the amount of the fine or of a specified part of it as compensation in respect of the loss to the person making the application. | ||
(b) An application shall not lie under paragraph (a) of this subsection in respect of any personal loss if proceedings claiming damages for the loss have been instituted in any court. | ||
(c) Where the whole or part of a fine imposed under this section is paid to a person pursuant to this subsection and the person is awarded damages by a court in respect of the personal loss to which the payment relates, the payment shall be deemed to be in satisfaction of so much of the damages as is equal to the amount of the payment. |