Criminal Law Code as at 1st March 2007
(3) Civil or disciplinary proceedings in relation to any conduct that constitutes a crime
may, without prejudice to the prosecution of any criminal proceedings in respect of the same
conduct, be instituted at any time before or after the commencement of such criminal
proceedings.
279
Concurrent and alternative charges
In this Code the use of the word⎯
(a) “concurrently”, whether in the phrase “concurrently or alternatively” or on its own in
relation to the charging of a person with two or more crimes, means that the person
may be charged with both or all of those crimes either conjunctively or, if for any
reason whatsoever it is doubtful which of them he or she can be proved to have
committed, in the alternative;
(b) “alternatively”, whether in the phrase “concurrently or alternatively” or on its own in
relation to the charging of a person with two or more crimes, means that the person
may be charged⎯
(i) with one of those crimes to the exclusion of the other crime, or with any one or
more of those crimes to the exclusion of any other crime; or
(ii) with both or all of those crimes in the alternative, if for any reason whatsoever
it is doubtful which of them he or she can be proved to have committed.
280
Standard scale of fines and amendment thereof23
(1) Where in this Code and any enactment it is provided that a person who is guilty of
a crime is liable to a fine or a maximum fine by reference to a level on the standard scale,
the amount of the fine or the maximum fine, as the case may be, that may be imposed shall
be the monetary amount specified in the second column of the First Schedule opposite that
level in the first column of the First Schedule.
(2) Where any enactment confers power to make a statutory instrument prescribing a
fine or a maximum fine by reference to a level on the standard scale—
(a) the reference shall be construed as a reference to the standard scale of fines;
and
(b) any fine or maximum fine so prescribed may be specified as a monetary amount
or as a level on the standard scale of fines.
(3) Where any enactment prescribes the jurisdiction of any court or judicial officer by
reference to a level on the standard scale, the reference shall be construed as a reference to
the standard scale of fines.
(4) Notwithstanding any other provision of this section, whenever a court imposes a
sentence of a fine upon an offender, the court shall specify the monetary amount of the fine
and shall not specify the fine by reference to a level on the standard scale of fines.
(5) Subject to subsection (6), the Minister may, by statutory instrument, amend or
replace the First Schedule, whenever the Minister considers such an amendment or
replacement to be necessary as a result of a change in the purchasing-power of money or
for any other reason:
23
Section into operation 3rd February, 2006, together with definitions of "level" and "standard scale" in s. 2
and First Schedule, by virtue of s. 11(2) of General Laws Amendment Act, 2005 (No. 6 of 2005).
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