Emergency Powers (Continuance and Amendment) Act, 1942
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Amendment of section 5 of the Principal Act. |
8.— Section 5 of the Principal Act is hereby amended in the following respects, that is to say:— | |
(a) by the substitution of the following two sub-sections for sub-section (6), that is to say:— | ||
“(6) Every person who, being an Irish citizen or ordinarily resident in the State, commits or is deemed to have committed, whether within or without the State, an offence under this section and every person who, not being an Irish citizen or ordinarily resident within the State, commits or is deemed to have committed within the State an offence under this section shall— | ||
(a) on summary conviction thereof, be liable to— | ||
(i) in case the offence is one in respect of which any order, made by virtue of the next following sub-section, is in force at the time the offence is committed, the penalties provided by such order, and | ||
(ii) in any other case, a fine not exceeding five hundred pounds (together with, in the case of a continuing offence, a fine not exceeding ten pounds for every day on which the offence is continued) or, at the discretion of the Court, imprisonment for a term not exceeding twelve months or both such fine and such imprisonment, or | ||
(b) on conviction thereof on indictment, be liable to a fine not exceeding five thousand pounds (together with, in the case of a continuing offence, a further fine not exceeding fifty pounds for every day on which the offence is continued) or, at the discretion of the Court, to penal servitude for a term not exceeding ten years or to imprisonment for a term not exceeding two years or to both such fine and such penal servitude or imprisonment. | ||
(6A) The Government may, whenever and so often as they think fit, by order under section 2 of this Act, do one of the following things, that is to say:— | ||
(a) declare that the punishment which may be awarded, in respect of a specified offence under this section, on summary conviction thereof shall be a fine of not less than a specified amount (not exceeding one hundred pounds) nor more than five hundred pounds (together with, in the case of a continuing offence, a further fine not exceeding ten pounds for every day on which the offence is continued) or, at the discretion of the Court, imprisonment for a term not less than six months nor more than twelve months or both such fine and such imprisonment; | ||
(b) declare that the punishment which may be awarded, in respect of a specified offence under this section, on summary conviction thereof shall be a fine of whichever of the following amounts is the less— | ||
(i) five hundred pounds, | ||
(ii) an amount calculated by reference to such things as may be specified in the order, | ||
(together with, in the case of a continuing offence, a further fine not exceeding ten pounds for every day on which the offence is continued) or, at the discretion of the Court, imprisonment for a term not less than six months nor more than twelve months or both such fine and such imprisonment”; | ||
(b) by the deletion in sub-section (7) of the words “or in lieu of”; | ||
(c) by the substitution in sub-section (7) of the words and figure “to which such person is liable under sub-section (6)” for the words “provided by the foregoing sub-section”. |