Section 52
Offence by person acting in official capacity
Where an offence is committed by a body, incorporated or unincorporated, a person who is its director or chief executive officer, or any person concerned with its operation or management, at the time of the commission of the offence is deemed to have
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committed that offence unless that person proves that the offence was committed without his consent or connivance and that he exercised diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his function in that capacity and to the circumstances.
(2)
A natural person may be prosecuted for an offence under subsection (1) notwithstanding—
(a)
that no prosecution has been instituted against the body, incorporated or unincorporated; or
(b)
that the body, incorporated or unincorporated has not been convicted of the offence.
(3)
Subsection (1) shall not affect the criminal liability of the body, incorporated or unincorporated for the offence referred to in that subsection.