Prosecution and punishment of offences

(1) Except where expressly otherwise provided, Schedule III shall have effect, in accordance with sub-section (2), with respect to the way in which offences under this Act are punishable on conviction. (2) In relation to an offence under a provision of this Act specified in the first column of the Schedule III, the general nature of the offence being described in the second column– (a) the third column shows whether an offence is punishable on summary conviction or on indictment or in either way; (b) the fourth, fifth and sixth columns show respectively the punishments which may be imposed on a person convicted of the offence in the way specified in relation thereto in the third column, that is to say, summarily or on indictment, according to whether the controlled drug in relation to which the offence was committed was a Class A drug, a Class B drug or a Class C drug; and (c) the seventh column shows the punishments which may be imposed on a person convicted of the offence in the way specified in relation thereto in the third column (that is to say, summarily or on indictment), whether or not the offence was committed in relation to a 41 controlled drug, and if it was so committed, irrespective of whether the drug was a Class A drug, a Class B drug or a Class C drug; and in the fourth, fifth, sixth and seventh columns a reference to a period gives the maximum term of imprisonment, and a reference to a sum of money, the maximum fine. (3) Subject to the provisions of this Act relating to drug trafficking, an offence under section 21 shall be punishable on summary conviction, on indictment or in either way according to whether, under Schedule III, the substantive offence is punishable on summary conviction, on indictment or in either way; and the punishments which may be imposed on a person convicted of an offence under that section are the same as those which, under that Schedule, may be imposed on a person convicted of the substantive offence. (4) In sub-section (3), “the substantive offence” means the offence under this Act to which the attempt or, as the case may be, the incitement or attempted incitement mentioned in section 21 was directed. (5) Notwithstanding anything contained in the Summary Jurisdiction (Procedure) Act, or any other enactment, a magistrate’s court may try on information or on complaint an offence under this Act if the information or complaint was laid, or, as the case may be, made at any time within 24 months from the commission of the offence. CAP. 99. (6) Notwithstanding anything contained in this Act, in the case of an offence under this Act other than a drug trafficking offence, where the convicted person is a first time offender and is proved to be addicted to drugs, the court shall pass a suspended sentence and refer the convicted person to a drug rehabilitation centre for treatment on the condition that if such person shall leave the rehabilitation centre before the completion of the treatment, or shall otherwise misbehave, he shall be required to serve the sentence passed on him. 42