Section 44: Offence by agent or body corporate
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
44. Offence by agent or body corporate
(1) Where an offence is committed by—
(a) an agent, the person for whom the agent is acting;
I20 – 17 [Issue 4]
Interpretation and General Clauses Act
(b) a body corporate, every person who, at the time of the commission of the offence, was concerned in the management of the
body corporate or was purporting to act in that capacity,
shall also commit the like offence, unless he proves that the offence was
committed without his knowledge or consent and that he took all reasonable
steps to prevent the commission of the offence.
(2) (a) Where a company, société or other corporate body is charged
with an offence, a representative may appear before the appropriate Court
and enter a plea of guilty or not guilty on behalf of the company, société or
other corporate body.
(b) For the purposes of paragraph (a), “representative” means a
director, or the secretary, of the corporate body or a person duly authorised
by the corporate body to represent it.
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Questions this section answers
- If my agent commits an offence while acting for me, can I be held liable too?
- If a company commits an offence, can its managers or directors be personally charged?
- Can a director avoid liability by proving they didn't know about the offence and tried to prevent it?
- Can a company enter a guilty or not-guilty plea in court through a representative?