Part V Enforcement, Offences and Proceedings
Further provisions as to punishment of offences
74 Liability under the customs and excise Acts.
A person who—
a
lands or ships or attempts to land or ship F1or brings or attempts to bring through the tunnel system as defined in the Channel Tunnel Act 1987 an animal or thing, and
b
by so doing is in contravention of this Act or of an order of the Minister,
is liable under and according to the customs and excise Acts to the penalties imposed on persons importing or exporting or attempting to import or export goods the importation or exportation of which is prohibited.
This section is without prejudice to any proceeding under this Act against such a person for an offence against this Act.
C3C5C2C4C8C6C7C9C10C11C12E1C13C14 75 F2 Penalties for certain summary offences
1
This section applies to any offence under this Act for which no penalty is specified.
2
A person guilty of an offence to which this section applies is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
E2C3C5C2C4C8C6C7C9C10C11C12C13C1475F4Penalties and time limits for certain offences: Scotland
1
This section applies to any offence under this Act for which no penalty is specified by any other provision of this Act.
2
A person guilty of an offence to which this section applies is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
3
Proceedings for an offence to which this section applies may be brought within the period of 6 months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor's knowledge.
4
No such proceedings may be brought more than 3 years—
a
after the commission of the offence; or
b
in the case of an offence involving a continuous contravention, after the last date on which the offence was committed.
5
It shall be competent in a prosecution of an offence involving a continuous contravention to include the entire period during which the contravention occurred.
6
For the purposes of this section proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted provided that the warrant is executed without undue delay.
7
A certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the prosecutor's knowledge is conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed is to be treated as being so signed unless the contrary is proved.
76 Certain importation offences triable either summarily or on indictment.
1
Where—
a
an offence against this Act which is declared to be such by an order under section 10 above, and
b
that order is expressed to be made for the purpose of preventing the introduction of rabies into Great Britain,
that offence may be tried either summarily or on indictment.
2
For an offence triable under subsection (1) above a person shall be liable—
a
on summary conviction to a fine not exceeding the statutory maximum;
b
on conviction on indictment to a fine or to imprisonment for a term not exceeding 12 months or to both.
C13
Where an order under section 10 declares that this subsection applies to an offence which consists of—
a
a contravention of, or failure to comply with, any provision of that order, or
b
a failure to observe any conditions to which a licence issued in accordance with that order is subject,
that offence may be tried either summarily or on indictment, and a person convicted of such an offence shall be liable as provided in paragraphs (a) and (b) of subsection (2) above.
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