38. Method of prescribing penalties and cumulative penalties

Whenever, in or by virtue of the provisions of any law specified in the Schedule, more than one penalty is prescribed for an offence, the use of the word “and” shall signify that the penalties shall be inflicted cumulatively.

Whenever, in or by virtue of the provisions of any written law other than the provisions of the law specified in the Schedule, more than one penalty is prescribed for an offence, the use of the word “and” shall signify that the penalties may be inflicted alternatively or cumulatively.

Without prejudice to subsections (1) and (2) and to section 39, the use of the word “penalty” in a section or other division of any written law is deemed to prescribe that a contravention of the section or other division in which the word appears is an offence punishable by penalties not exceeding those specified immediately after the word “penalty”.