Pharmacy Act 2007

72.

Penalties for offences.

72.— (1) Subject to subsection (2), a person guilty of an offence under this Act or regulations made thereunder is liable—

(a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months, or to both,

(b) on conviction on indictment—

(i) in the case of a first offence, to a fine not exceeding €130,000, or to imprisonment for a term not exceeding 5 years, or to both,

(ii) in the case of a second or subsequent offence under the same provision, to a fine not exceeding €320,000, or to imprisonment for a term not exceeding 10 years, or to both.

(2) Unless it is satisfied that there are special and substantial reasons for not so doing, the court shall, where the person is convicted of an offence, order a person to pay to the prosecution the costs and expenses, measured by the court, incurred by the prosecution in relation to the prosecution of the offence.

(3) Where an offence under this Act is committed by a corporate body and is proved to have been so committed with the consent, connivance or approval of, or to have been attributable to any wilful neglect on the part of, any person being a director, manager, secretary or any other officer of the corporate body or a person who was purporting to act in any such capacity, that person, as well as the corporate body, is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(4) In subsection (3), “director” includes a shadow director within the meaning given by section 27 of the Companies Act 1990.