Public Order and Security Act [Chapter 11:17] as amended at 1st July, 2006 (a) an arrest or search of any person or premises or of any person or premises in any area in terms of this Act shall be conducted in accordance with Parts V and VI of the Criminal Procedure and Evidence Act [Chapter 9:07] or any other enactment which regulates such arrest or search, and, in particular, subsection (4) of section forty-one of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply to the search of any woman; (b) except to the extent expressly provided in this Act, Part VI of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply to any weapon, item capable of use as a weapon, publication, equipment, vehicle, aircraft, vessel or other article seized or detained in terms of this Act. (2) The powers conferred by Parts V and VI of the Criminal Procedure and Evidence Act [Chapter 9:07] on a police officer may be exercised by any peace officer within the area round which a cordon has been established in terms of subsection (1) of section thirty-three. 40 Special jurisdiction of magistrates (1) Notwithstanding anything in the Magistrates’ Court Act [Chapter 7:10] or in any other enactment, where a person is convicted of a contravention of any of the provisions of this Act or of Chapter III ("Crimes Against the State"), Chapter IV ("Crimes Against Public Order") or section 176 ("Assaulting or resisting police officer") or 177 ("Undermining of police authority") of the Criminal Law Code— (a) a court of a magistrate, other than a regional, provincial or senior magistrate, shall have special jurisdiction to impose, on summary trial or on remittal by the AttorneyGeneral of the case for trial or sentence, a fine not exceeding level eight or imprisonment for a period not exceeding three years; (b) a court of a senior or provincial magistrate shall have special jurisdiction to impose, on summary trial or on remittal by the Attorney-General of the case for trial or sentence, a fine not exceeding $level twelve or imprisonment for a period not exceeding ten years; (c) a court of a regional magistrate shall have special jurisdiction to impose, on summary trial or on remittal by the Attorney-General of the case for trial or sentence, a fine not exceeding level fourteen or imprisonment for a period not exceeding twenty years. (2) Subsection (1) shall apply in relation to a person who is convicted of— (a) attempting to contravene or inciting another person or conspiring with another person to contravene any of the provisions of this Act or any of the provisions of the Criminal Law Code referred to in subsection (1); or (b) being an accessory after the fact to the commission of the crime of contravening any of the provisions of this Act or any of the provisions of the Criminal Law Code referred to in subsection (1); as though he bad been convicted of a contravention of any of the provisions of this Act. (3) Nothing in this section shall be construed as authorising a court to impose for any contravention of any provision of this Act or any provision of the Criminal Law Code referred to in subsection (1) a punishment greater than may, under the relevant provision of this Act or the Criminal Law Code, be imposed therefor, or as preventing a court from imposing, as often as it is specially authorised by any enactment to do so, any other punishment than the punishment mentioned in this section. - 15 -