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(1)When any person is convicted of printing a publication referred to in section 38(1), the court may, in addition to any other penalty it may impose, order the printing machine on which the publication was printed to be confiscated for a period not exceeding one year, whether or not the person convicted is the owner of the machine.
(2)When any proprietor, publisher, printer or editor of a newspaper, as defined in the Press and Journalist Act, is convicted of printing or publishing a publication referred to in section 38(1) in a newspaper, the court may, in addition to any other punishment it may impose and in addition to ordering the confiscation of the printing machine, make an order prohibiting any further publication of the newspaper for a period not exceeding one year.
(3)A court may, at any time, on the application of the Director of Public Prosecutions, revoke any order made by it confiscating a printing machine or prohibiting further publication of a newspaper.
(4)A court before ordering the confiscation of a printing machine under subsection (1) shall satisfy itself by evidence on oath as to the machine on which the publication referred to in section 38(1) was printed.
(5)For the purposes of this section, “printing machine” includes all the machines and type used in producing or reproducing the publication referred to in section 38(1).
(6)In any case where the printing machine has been ordered to be confiscated under this section, the Inspector General of Police may in his or her discretion cause—
(a)the machine or any part of it to be removed; or
(b)any part of the machine to be sealed so as to prevent its use, but the owner of the machine or his or her agents shall be entitled to reasonable access to the machine to maintain it in proper working order.
(7)The Inspector General of Police shall not be liable for any damage caused to the machine under subsection (6) either by neglect or otherwise except where he or she or his or her agents have wilfully damaged the machine.
(8)Any person who uses or attempts to use a printing machine confiscated under subsection (1) commits an offence and is liable, on conviction, to imprisonment for a term not exceeding three years.
(9)Any person who prints or publishes a newspaper in contravention of an order made under subsection (2) commits an offence and is liable, on conviction, to imprisonment for a term not exceeding three years.
If you are convicted of printing a publication under section 38(1), a court can confiscate your printing machine for up to one year, even if you are n...
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