Protection of Children's Health (Tobacco Smoke in Mechanically Propelled Vehicles) Act 2014
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Fixed charge notice | ||
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4. (1) Where a member of the Garda Síochána has reasonable grounds for believing that a person is committing or has committed an offence under section 2 , he or she may serve on a person personally or by post at the address at which the person ordinarily resides or, at the time of the alleged offence, gave to the member or another member of the Garda Síochána, a notice (“fixed charge notice”) in the prescribed form stating that— | ||
(a) the person is alleged to have committed the offence, | ||
(b) the person may, during the period of 28 days beginning on the date specified in the notice, make to a person specified in the notice at the address specified in the notice a payment of the prescribed amount accompanied by the notice, | ||
(c) if the person does not make the payment specified in paragraph (b), during the period of 28 days beginning on the expiration of that period, the person may make a payment as specified in the notice of an amount 50 per cent greater than the prescribed amount referred to in paragraph (b), | ||
(d) the person is not obliged to make the payment, and | ||
(e) 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 made during that period, no prosecution in respect of the alleged offence will be instituted. | ||
(2) Where notice is served under subsection (1)— | ||
(a) the person to whom the notice applies may, during the period specified in the notice, make to a person specified in the notice at the address specified in the notice the payment specified in the notice, at the appropriate time so specified in relation to the payment, accompanied by the notice, | ||
(b) the person so specified may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, | ||
(c) a prosecution in respect of the alleged offence shall not be instituted during the period specified in the notice, and if the payment so specified is made during the period, no prosecution in respect of the alleged offence shall be instituted. | ||
(3) A prosecution in respect of an offence under section 2 shall not be instituted unless a fixed charge notice in respect of the alleged offence has been served on the person concerned under this section and the person fails to pay the appropriate amount of the fixed charge in accordance with the notice at the appropriate time specified in the notice in relation to the payment. | ||
(4) In a prosecution for an offence under section 2 , the onus of proving that a payment in accordance with a fixed charge notice has been made lies on the defendant. | ||
(5) Income generated by the payment of amounts pursuant to fixed charge notices under this Act shall be disposed of for the benefit of the Exchequer in such manner determined by the Minister with the agreement of the Minister for Public Expenditure and Reform. |