Criminal Justice Act 1982

Merchant Shipping Act 1894 (c. 60)

3 In section 680 of the Merchant Shipping Act 1894 (prosecution of offences)—

(a) in subsection (1) omit the words " and to the provisions herein-after contained with respect to Scotland "; and

(b) at end of that section insert the following subsection—

“(4) Subsection (2) above shall extend to Scotland, but save as aforesaid this section shall not extend to Scotland.”.

4 At the beginning of section 702 of that Act (offences punishable as misdemeanors) insert the words " Subject to section 703 of this Act ".

5 For paragraph (a) of section 703 of that Act (summary proceedings in Scotland) substitute the following paragraphs—

“(a) subject to section 43(2) of the [1979 c. 39.] Merchant Shipping Act 1979 (which among other things makes certain offences triable either summarily or on indictment), any offence under this Act which was triable only summarily immediately before 1st January 1980 (the date of commencement of the said section 43) shall continue to be so triable and shall be deemed to have been so triable at all times since that date ;

(aa) subject to any special provisions of this Act—

(i) an offence under this Act described as a misdemeanor shall be triable either summarily or on indictment and, subject to any other penalty prescribed in respect of any particular offence, shall be punishable on summary conviction with a fine not exceeding the statutory maximum or imprisonment for a term not exceeding 6 months or both, and on conviction on indictment with a fine or imprisonment for a term not exceeding 2 years or both;

(ii) subject to sub-paragraph (i) above, an offence under this Act made punishable with imprisonment for any term not exceeding 6 months or with a fine or a maximum fine which does not exceed level 5 on the standard scale shall be triable only summarily ;

(iii) an offence under this Act not failing within paragraph (a) above or the preceding provisions of this paragraph shall be triable either summarily or on indictment:

Provided that in relation to the period before the commencement of section 54 of the Criminal Justice Act 1982 sub-paragraph (ii) above shall have effect as if for " level 5 on the standard scale" there were substituted "£1,000 Public Health (Scotland) Act 1897 (c. 38)”.

6 In section 18 of the Public Health (Scotland) Act 1897 (power of entry to local authority or their officers)—

(a) before the word " conviction " insert the word " summary "; and

(b) for the words " a penalty not exceeding five pounds " substitute the words " a fine not exceeding level 3 on the standard scale ".

7 In section 24 of that Act (penalty for contravention of decree and of interdict)—

(a) for the words "to a penalty of not more than £10 per day during his failure so to comply " substitute the words " on summary conviction to a fine not exceeding level 2 on the standard scale "; and

(b) for the words " to a penalty not exceeding £20 per day during such infringement" substitute the words " on summary conviction to a fine not exceeding level 2 on the standard scale ".