123Punishment for misconduct

123 Punishment for misconduct (1) If the sheriff or any person employed in levying or collecting debts due to the Crown by process of any court or any officer to whom the return or execution of warrants or other process belongs does any of the following things— (a) unlawfully lets go at large a prisoner or unlawfully withholds a prisoner entitled to be released; (b) grants a warrant for the execution of any process before actually receiving that process; (c) is guilty of an offence against or breach of the provisions of this Division or of any wrongful act or default in the execution of his or her office or of any contempt of the Court— he or she, and any person procuring the commission of the offence, is, without prejudice to any other punishment under this Division, liable— (d) to be punished by the Court under subsection (2); and (e) to forfeit $400 to any aggrieved person and to pay all damages suffered by that person— and the forfeiture and damages may be recovered by the aggrieved person as a debt by a proceeding in the Court. (2) The Court may, on being satisfied that an offence referred to in subsection (1) has been committed, punish the offender or cause proceedings to be taken for the offender's punishment in like manner as a person guilty of contempt of the Court may be punished. (3) The Court may order the costs of, or occasioned by, a complaint to be paid by either party to the other. S. 124 amended by No. 57/1989 s. 3(Sch. item 192.3) repealed by No. 9/2009 s. 69. Division 4—General No. 6387 s. 201.