Section 52

Power of the Commissioner to compound offences by agreement 

(TPA 2nd Sch Para 20)

(1) The Commissioner may, where he is satisfied that a person has committed an offence under this Act in respect of which a penalty of a fine is provided, or in respect of which anything is liable to forfeiture, compound the offence and may order that person to pay such sum of money, not exceeding the amount of the fine to which he would have been liable if he had been prosecuted and convicted for the offence, as he may think fit and he may order anything liable to forfeiture in connection therewith to be condemned: Provided that the Commissioner shall not exercise his powers under this section unless the person admits in writing that he has committed the offence and requests the Commissioner to deal with the offence under this section. 

(2) For the purposes of subsection (1), the Commissioner shall constitute a committee of not less than three officers to consider applications for compounding of offences. 

(3) The order referred to in subsection (1) shall- 

• (a) be in writing under the hand of the Commissioner and the offender, and witnessed by an officer; 
• (b) specify the name of the offender, the offence committed, the sum of money ordered by the Commissioner to be paid, and the date or dates on which payment is to be made; 
• (c) have a copy of the written admission referred to in subsection (2) attached; 
• (d) be served on the offender; 
• (e) be final and not be subject to appeal; and 
• (f) on production in any court, be treated as proof of the conviction of the offender for the offence specified, and may be enforced in the same manner as a decree of a court for the payment of the amount stated therein. 

(4) If the Commissioner compounds an offence under this section, the offender shall not be liable for prosecution or penalty in respect of same act or omission, the subject of the compounded offence except with express consent of the Attorney General.


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