Companies (Amendment) Act, 1983
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Penalties. |
57.—(1) A company or other person guilty of an offence under section 20 or 36 shall be liable, on conviction on indictment, to a fine not exceeding £2,500. | |
(2) A company or other person guilty of an offence under section 24 , 40 or 41 shall be liable, on conviction on indictment— | ||
(a) in the case of a company, to a fine not exceeding £2,500; | ||
(b) in the case of a person other than a company, to a fine not exceeding £2,500 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both the fine and the imprisonment. | ||
(3) Any person guilty of an offence under section 31 shall be liable on conviction on indictment to a fine not exceeding £5,000 or, at the discretion of the court, to imprisonment for a term not exceeding 3 years or to both the fine and the imprisonment. | ||
(4) A Justice of the District Court shall have jurisdiction to try summarily an offence under section 20 , 24 , 31 , 36 , 40 or 41 if— | ||
(a) the Justice is of the opinion that the facts proved or alleged against the defendant charged with any such 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— | ||
(i) in the case where the defendant is guilty of an offence under section 20 or 36 , to a fine not exceeding £500; | ||
(ii) in the case where the defendant is guilty of an offence under section 24 , 31 , 40 or 41 — | ||
(I) in the case of a company, to a fine not exceeding £500; | ||
(II) in the case of a person other than a company, 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. | ||
(5) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence under the said section 20 , 24 , 31 , 36 , 40 and 41 as if, in lieu of the penalties specified in subsection (3) of the said section 13, there were specified therein the penalty provided for by subsection (4) of this section, and the reference in subsection 2 (a) of the said section 13 to the penalties provided for in subsection (3) of the said section 13 shall be construed and have effect accordingly. |