PART III

Gaming by Means of Machines

Supplementary provisions

Penalties under Part III
39
1
Any person guilty of an offence under section 38 of this Act shall be liable—
a
on summary conviction, to a fine not exceeding £400;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
2
Where a person is convicted of an offence under subsection (6) of section 38 of this Act in respect of a contravention of a condition to which a permit under section 34 of this Act is subject, the court by which he is convicted may, if it thinks fit, make an order cancelling the permit.
3
An order under subsection (2) of this section made by a court in England or Wales—
a
shall not take effect until the end of the period within which the person on whose conviction the order was made can appeal against the conviction or against the making of the order, and
b
if he so appeals, shall not take effect until the appeal has been determined or abandoned.
4
The holder of a permit in respect of which an order under subsection (2) of this section is made by a court in Scotland may, without prejudice to any other form of appeal under any rule of law, appeal against the order in the same manner as against a conviction, and a permit shall not be cancelled under an order so made—
a
until the end of the period of fourteen days commencing with the date on which the order was made, nor
b
if an appeal against the order or the conviction which gave rise thereto is taken within the said period, until the date when that appeal is determined or abandoned or deemed to have been abandoned.