Sanction
40.—(1)  No prosecution shall be instituted for any offence made punishable by section 9, 10 or 11 except with the written sanction of the Public Prosecutor or a Deputy Public Prosecutor or on the complaint of the Licensing Officer or the Port Master.
[30/2002]
(2)  Such sanction shall state under what section or sections the prosecution is instituted, but if, in the course of the trial, it appears necessary to the court to alter, add to or amend any charge, no further or other sanction shall be necessary.
(3)  No conviction shall be set aside for the want of any sanction or complaint or for any omission or defect in any sanction or complaint, unless the accused has been prejudiced thereby.
(4)  No such sanction shall remain in force unless acted upon within one month from the date upon which it was given.
[27