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Special provision applying where certain offences are alleged to have been committed.
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103.—(1) This section applies to such offences under this Act as may be declared by the Minister by regulations to be offences to which this section applies.
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(2) Where a member of the Garda Síochána finds a person and has reasonable grounds for believing that such person is committing or has committed an offence to which this section applies, the member may deliver to such person a notice in the prescribed form stating—
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(a) that such person is alleged to have committed that offence,
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(b) that such person may, during a period of twenty-one days beginning on the date of the notice, make to a member of the Garda Síochána at a specified Garda Síochána station a payment of a prescribed amount accompanied by the notice,
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(c) that a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice, or, if the payment specified in the notice is made during that period, at all.
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(3) Where a member of the Garda Síochána finds a mechanically propelled vehicle and has reasonable grounds for believing that an offence to which this section applies involving the use of the vehicle is being or has been committed, the member may affix to the vehicle a notice in the prescribed form stating—
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(a) that that offence is alleged to have been committed,
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(b) that a person liable to be prosecuted for the offence may, during a period of twenty-one days beginning on the date of the notice, make to a member of the Garda Síochána at a specified Garda Síochána station a payment of a prescribed amount accompanied by the notice,
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(c) that a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice, or, if the payment specified in the notice is made during that period, at all.
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(4) Where a notice is delivered under subsection (2) or affixed under subsection (3) of this section—
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(a) a person to whom the notice applies may, during the period specified in the notice, make to a member of the Garda Síochána at the Garda Síochána station specified in the notice the payment specified in the notice accompanied by the notice,
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(b) the member may receive the payment, issue a receipt therefor, retain it for disposal in accordance with this Act and no payment so received shall in any circumstances be recoverable by the person who made it,
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(c) a prosecution in respect of the alleged offence shall not be instituted during the period specified in the notice or, if the payment specified in the notice is made during that period, at all.
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(5) In a prosecution for an offence to which this section applies, the onus of showing that a payment pursuant to a notice under this section has been made shall lie on the defendant.
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(6) A notice affixed to a vehicle under subsection (3) of this section shall not be removed or interfered with except by a person to whom the notice applies.
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(7) A person who contravenes subsection (6) of this section shall be guilty of an offence.
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