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PENALTIES AND SENTENCES ACT 1992 - SECT 138
Application of Justices Act
138 Application of Justices Act
(1) The Justices Act 1886 applies to a complaint, summons, warrant or penalty
under this part with all necessary modifications and any modifications
prescribed by regulation.
(2) For the purposes of the application mentioned
in subsection (1) — (a) a complaint is taken to be a complaint for an
offence; and
(b) a summons is taken to be a summons to answer a complaint;
and
(c) a penalty imposed under section 121 may be enforced by an order that
might be made by the adjudicating justices under the Justices Act 1886 so as
to enforce the payment of a penalty imposed on a conviction for an offence
under an Act that does not expressly provide for enforcement of the payment.
(3) Despite the Justices Act 1886 , section 43 (2) or (3) , if 2 or more
matters are properly joined in a single complaint made for the purposes of
division 2 because the matters of complaint— (a) are alleged to be
constituted by the same act or omission; or
(b) are founded on substantially
the same facts;
it is not necessary to set out each matter of complaint in a
separate paragraph.
(4) Objection can not be taken to the complaint mentioned
in subsection (3) on the ground that each matter of complaint is not set out
in a separate paragraph.
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