COMMON INFORMERS ACT (NORTHERN IRELAND) 1954

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COMMON INFORMERS ACT (NORTHERN IRELAND) 1954 - SECT 1



1.(1) After the commencement of this Act proceedings against any person for a
penalty or forfeiture all or part of which is payable to a common informer
shall not be instituted under

(a)any enactment referred to in the Schedule to this Act; or

(b)any local or private Act.

(2) The preceding sub-section shall not operate to prevent a person being
prosecuted (whether on indictment or under the Summary Jurisdiction Acts
(Northern Ireland)) for an offence.

(3) Where, but for sub-section (1) of this section, any person would have been
liable to a forfeiture or penalty, he shall, subject to the provisions of
sub-section (4) of this section, be liable on summary conviction to

(a)a fine not exceeding the amount of the forfeiture or penalty to which he
would otherwise have been liable; and

(b)any non-pecuniary forfeiture to which he would have been liable as
aforesaid.

(4) A person shall not be liable under sub-section (3) of this section if by
virtue of any enactment he is liable, either on conviction on indictment or on
summary conviction, to punishment either in addition to or in substitution for
the forfeiture or penalty to which he would have been liable but for
sub-section (1) of this section.

(5) Any enactment

(a)relating to the burden of proof in proceedings prohibited by sub-section
(1) of this section; or

(b)providing a defence in any such proceedings;

(6) Notwithstanding any provision in any of the Acts set out in the Schedule
to this Act the consent of the Attorney-General or any other person shall not
be necessary for the institution of proceedings under sub-section (3) of this
section.

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Northern Irish Legislation

COMMON INFORMERS ACT (NORTHERN IRELAND) 1954 - SECT 1