Criminal Justice Act 1982

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)”.