The Iraq (United Nations Sanctions) (Channel Islands) Order 2000

Penalties and proceedings

11.—(1) Any person guilty of an offence under article 3, 4(8), 5(4) or 6 shall be liable in the Bailiwick of Guernsey—

(a) on conviction on indictment to imprisonment for a term not exceeding seven years, or a fine, or both;

(b) on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both;

and in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding seven years, or to a fine, or to both.

(2) Any person guilty of an offence under article 7, 9(7)(b) or (c) or 10(2) shall be liable in the Bailiwick of Guernsey—

(a) on conviction on indictment to imprisonment for a term not exceeding two years, or a fine, or both;

(b) on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both;

and in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years, or to a fine, or to both.

(3) Any person guilty of an offence under article 4(9), 8 or 9(7)(a) shall be liable in the Bailiwick of Guernsey on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, and in the Bailiwick of Jersey on conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 4 on the standard scale, or to both.

(4) Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(5) Proceedings against any person for an offence under this Order, in its application to the Bailiwick of Guernsey, may be taken before the appropriate court in the Bailiwick having jurisdiction in the place where that person is for the time being.

(6) No proceedings for an offence under this Order shall be instituted except by or with the consent of the Attorney General:

• Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.