Old wine in new bottles : shifting the criminal sanction into administrative law - part 2

Abstract

The payment of an administrative penalty brings about the extinction of the criminal action. For instance, article 26 of the Environment Protection Act provides that when a compromise penalty is agreed to and paid by the offender to the Environment Fund, 'all such person's liability with respect to that offence shall be extinguished' but payment of such compromise penalty does not, in terms of the same provision, 'extinguish any civil liability to make good any damages to any person or authority and any liability arising under article 24 of this Act', that is, in connection with an action for damages to make good for the damage caused to the environment. [Excerpt]