MISCELLANEOUS OFFENCES ACT (as amended) “camouflage uniform” means any article of wearing apparel made of material carrying military-style camouflage markings. (2) Subject to subsection (3), any person who— (a) possesses any camouflage uniform shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment; or (b) wears any camouflage uniform shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.10 (3) Subsection (2) shall not apply in relation to— (a) an authorized person to the extent that he possesses or wears a camouflage uniform that has, on or after the 18th April, 1980, been supplied to him, or authorized for his use, by the force of which he is a member or to which he is attached; or (b) the possession of a camouflage uniform as an exhibit in a museum administered by the State or in terms of the National Museums and Monuments Act [Chapter 25:11]; or (c) any person or member of a class of persons exempted from this section by the Minister by notice in writing to that person or by notice in the Gazette, as the Minister thinks fit, to the extent that such person or member possesses or wears camouflage uniform in accordance with the terms and conditions of such exemption. 11 Penalty for false statement to police officer or constabulary member of the Police Force Any person who makes a statement to a police officer or a constabulary member of the Police Force containing allegations that an offence has been or may have been committed, knowing such allegations to be false or not knowing or believing them to be true, shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. 12 12 Offences in connection with possession or acquisition of goods (1) In subsection (3)— “public sale” means a sale effected— (a) at any public market; or (b) by any shopkeeper during the hours that his shop may in terms of any enactment remain open for the transaction of business; or (c) by a duly licensed auctioneer at a public auction; or (d) in pursuance of an order of a competent court. (2) Any person who— (a) is found in possession of; or (b) has been in possession of; any goods of any description in circumstances which give rise, either at the time of the possession or at any time thereafter, to a reasonable suspicion that at the time of such possession the goods were stolen and who is unable at any time to give a satisfactory account of his possession shall be guilty of an offence. (3) Any person who in any manner, otherwise than at a public sale, acquires or receives into his possession from any other person stolen goods of any description without having reasonable cause, proof of which shall be on such first-mentioned person, for believing at the time of such acquisition or receipt that the goods are the property of such other person or that such other person has been duly authorized by the owner thereof to deal with or to dispose of the goods shall be guilty of an offence and liable to the penalties which may be imposed on a conviction for receiving stolen property knowing it to have been stolen. (4) Any person charged with a contravention of— (a) section 4 of the Stock Theft Act [Chapter 9:18] or section 10 of the Copper Control Act [Chapter 14:06] may be found guilty of a contravention of subsection (2); (b) section 5 of the Stock Theft Act [Chapter 9:18] or section 11 of the Copper Control Act [Chapter 14:06] may be found guilty of a contravention of subsection (3). 10 Use of boat and interference therewith without owner’s consent (1) Any person who— (a) without lawful authority or reasonable cause, gets on to any boat lying on inland waters or in any port or harbour or on any land or interferes with or wilfully injures such boat or its accessories; or (b) without the consent of the owner or person in lawful charge of the boat, uses or sails such boat on inland waters; shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment:11 Provided that nothing in this subsection shall be construed as prohibiting any police officer or any other person empowered thereto under any enactment from performing the duties conferred and imposed upon him by this Act or any other enactment. (2) If, on the trial of any person on a charge of stealing a boat, the court is of the opinion that the accused was not guilty of stealing the boat but was guilty of an offence under subsection (1), the court may find him guilty of an offence under subsection (1), and thereupon he shall be liable to punishment accordingly. 13 When police officer or constabulary member deemed to be acting in execution of duty A police officer, or a constabulary member of the Police Force, who in good faith performs any act in accordance with or in the enforcement of any provision purporting to be an enactment of a competent legislative authority shall, notwithstanding any irregularity in the enactment of or defect in that provision or want of jurisdiction on the part of that legislative authority, be deemed to be acting in the execution of his duty. 3 1 2 Criminal Penalties Amendment Act, 2001, with effect from 20th May, 2002. Public Order and Security Act [Chapter 11:17] with effect from 22nd January, 2002. 4 5 6 7 -4- Definition inserted by s. 45 of Act 1/2002. Subsection amended by s. 4 of Act 22/2001. Subsection amended by s. 4 of Act 22/2001. Subsection amended by s. 4 of Act 22/2001. Subsection amended by s. 45 of Act 1/2002.