Immigration Act 2003
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Provisions in relation to offences. |
3.—(1) Where an immigration officer has reasonable grounds for believing that an offence under section 2 is being or has been committed by a person he or she shall serve, or cause to be served, personally or by post, on the person a notice in the prescribed form or in a form to the like effect stating— | |
(a) that the person is alleged to have committed the offence, | ||
(b) that the person may, during the period of 28 days beginning on the date of the notice, make to a member of the Garda Síochána or an authorised person at a Garda Síochána station or at another place specified in the notice a payment of €1,500 accompanied by the notice, | ||
(c) that a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is being made during that period, no prosecution in respect of the alleged offence will be instituted. | ||
(2) Where a notice is served under subsection (1)— | ||
(a) a person to whom the notice applies may, during the period specified in the notice, make to a member of the Garda Síochána or an authorised person at a Garda Síochána station or at another place specified in the notice the payment specified in the notice, accompanied by the notice, | ||
(b) the member or the authorised person may receive the payment and issue a receipt for it and the money so received shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance directs and no payment so received shall in any circumstances be recoverable by the person who made it, | ||
(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence shall be instituted. | ||
(3) In a prosecution for an offence under section 2 , it shall be presumed, until the contrary is shown by the accused person, that a payment pursuant to a notice under this section accompanied by the notice has not been made. | ||
(4) In this section “authorised person” means a person appointed by the Minister to be an authorised person for the purposes of this section. |