Penalty for contravention of section 24

(1) A person who contravenes section 24 of this Act, commits an offence and, on conviction on indictment, is liable to– (a) a fine of not less than twenty-five thousand dollars and not exceeding fifty thousand dollars or to a term of imprisonment not exceeding three years in the first instance; (b) a fine of not less than fifty thousand dollars and not exceeding one hundred thousand dollars or to a term of imprisonment not exceeding five years in the second instance; and (c) a fine of one hundred thousand dollars and a term of imprisonment not exceeding five years in the subsequent instances. (2) A company that contravenes section 24 of this Act, commits an offence and, on conviction on indictment, is liable to– (a) a fine of not less than fifty thousand dollars and not exceeding one hundred thousand dollars in the first instance; (b) a fine of not less than one hundred thousand dollars and not exceeding two hundred thousand dollars in the second instance; and (c) a fine of two hundred thousand dollars in the subsequent instances. (3) A court convicting a person or a company of an offence under sub-sections (1) or (2) of this section shall in addition to any penalty which it may impose in respect of the offence, declare any equipment48 [CAP. 229:01Interception of Communications (a) by means of which the offence was committed; (b) which was used in the connection with the commission of the offence; (c) which was found in the possession of the convicted person or company; or (d) the possession of which constituted the to be forfeited to the Government. (4) Any equipment declared forfeited under sub-section (3) of this section shall, within a period of one week after the date of declaration of forfeiture be delivered to the Commissioner. (5) Any equipment delivered to the Commissioner pursuant to sub-section (3) of this section shall, in the case of– (a) equipment declared forfeited under sub- section (3) of this section, be kept by the Commissioner of Police– (i) for a period not exceeding three months with effect from the date of declaration of forfeiture; or (ii) if an application under sub-section (8) of this section is made, pending the final decision in respect of any such application has been given; or (b) equipment declared forfeited under sub- section (3) of this section, be kept by the Commissioner for a period not exceeding thirty days with effect from the date of declaration of forfeiture and shall within a Interception of Communications[CAP. 229:01 49 period of one week after the expiry of the period of thirty days referred to be destroyed or declared property of the Government by the Commissioner. (6) The Commissioner shall– (a) within one week after the expiry of the period referred to in paragraph (a) sub-paragraph (i) of sub-section (5) of this section; (b) if the decision referred to in sub-section (5)(a)(ii) of this section as been given against the person making the application; or (c) if an application referred to in sub-section (5)(a)(ii) of this section has been refused; destroy such equipment in his possession or declare such equipment to be the property of the Government. (7) A declaration of forfeiture pursuant to sub-section (3) of this section, shall not affect any right which a person or a company, other than the convicted person or company, may have to the equipment, if the person or company can show that he has been exempted under section 25 of this Act from the relevant prohibited act referred to in section 24 of this Act in respect of such listed equipment. (8) The Judge may, upon an application made at any time within a period of three months with effect from the date of declaration of forfeiture under sub-section (3) of this section, by any person or company other than the convicted person or company, who claims that– (a) the equipment declared forfeited under sub- section (3) of this section is his or its property; and 50 [CAP. 229:01Interception of Communications (b) he or it is a person or company referred to in sub-section (9) of this section, inquire into and determine those matters. (9) If the Judge under sub-section (8) of this section is satisfied that– (a) the listed equipment concerned is the property of the person or company; (b) the person or company concerned is a person or company referred to in sub-section (8) of this section; and (c) the person or company has legal authority to such equipment pursuant to section 25 of this Act; the Judge shall set aside the declaration of forfeiture and direct that the listed equipment concerned be returned to the person or company.