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Article 1(3)

SCHEDULE 2APPLICATION OF ARTICLES 23 AND 24 TO THE SOVEREIGN BASE AREAS OF AKROTIRI AND DHEKELIA IN THE ISLAND OF CYPRUS

1.  Any person who commits an offence under article 4(1), 5(3), 6, 7(3), 8(3), 9(2), 10(2), 12, or 15 shall be liable on conviction—

(a)if tried on information before the Senior Judge’s Court, to imprisonment for a term not exceeding seven years, or to a fine, or to both;

(b)if tried before the Judge’s Court, to imprisonment for a term not exceeding six months, or to a fine not exceeding £5,000 or its equivalent, or to both.

2.  Any person who commits an offence under article 14(6) or (7), 20(3)(b)(ii), or paragraph 4(b) or (d) of Schedule 3, shall be liable on conviction:

(a)if tried on information before the Senior Judge’s Court, to imprisonment for a term not exceeding two years, or to a fine of any amount, or to both;

(b)if tried before the Judge’s Court, to imprisonment for a term not exceeding six months, or to a fine not exceeding £5,000 or its equivalent, or to both.

3.  Any person who commits an offence under article 16(4), 21(1) or (2), or paragraph 2(3) of Schedule 3, is guilty of a misdemeanour and shall be liable on conviction on indictment to imprisonment for a term not exceeding two years, or to a fine of any amount or both, and on summary conviction to a fine not exceeding £5,000 or its equivalent, or to both.

4.  Any person guilty of an offence under article 20(3)(a), 20(3)(b)(i), 20(3)(c) or paragraph 4(a) or (c) of Schedule 3 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or both.

5.  Any person guilty of an offence under article 16(3) shall be liable on summary conviction to a fine not exceeding £5,000 or its equivalent.

6.  If a body corporate commits an offence and it is shown that the offence—

(a)was committed with the consent or connivance of an officer of the body corporate, or

(b)was attributable to any neglect on the part of an officer of the body corporate,

the officer, as well as the body corporate, is guilty of that offence and is liable to be proceeded against and punished accordingly.

7.  Proceedings for a misdemeanour, alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.

8.  Proceedings against any person for an offence may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.

9.  No proceedings for an offence shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions.

10.  Irrespective of whether such consent has been obtained, paragraph (7) does not prevent—

(a)the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence;

(b)the remand in custody or on bail of any person charged with such an offence.