Criminal Justice (Amendment) Act 2021

Amendment of section 40 of Illicit Distillation (Ireland) Act 1831

2. Section 40 of the Illicit Distillation (Ireland) Act 1831 is amended—

(a) by the substitution of “shall impose a penalty not exceeding” for “shall not mitigate the penalty incurred to any less amount than”,

(b) by the substitution of “last convicted:” for “last convicted,”,

(c) by the deletion of “and in default of immediate payment such person shall be committed to the gaol or prison of the county or place for not less than double the period for which such person was committed or liable to be committed on such preceding conviction; and the justice or justices committing any such person convicted of any such subsequent offence shall in the warrant of commitment direct such person to be kept to hard labour, unless it shall be made to appear to such justice or justices that such person had paid at least one half of the penalty adjudged against such person on his previous conviction:”, and

(d) by the deletion of “, nor shall any person be committed in default of payment for any longer period than twelve calendar months”.