Part 12 U.K.Sentencing

Modifications etc. (not altering text)

C1 Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C2 Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)) and as amended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 139; S.I. 2012/1236, reg. 2)

Chapter 8 U.K.Other provisions about sentencing

Alteration of penalties for offences E+W+S

283 Enabling powers: power to alter maximum penalties E+W

(1) The Secretary of State may by order, in accordance with subsection (2) F1 ..., amend any relevant enactment which confers a power (however framed or worded) by subordinate legislation to make a person—

(a) as regards a summary offence, liable on conviction to a term of imprisonment;

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) An order made by virtue of paragraph (a) of subsection (1) may amend the relevant enactment in question so as to—

(a) restrict the power so that a person may no longer be made liable on conviction of a summary offence to a term of imprisonment, or

(b) increase to 51 weeks the maximum term of imprisonment to which a person may be made liable on conviction of a summary offence under the power.

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Schedule 27 (which amends the maximum penalties which may be imposed by virtue of certain enabling powers) shall have effect.

(5) The power conferred by subsection (1) shall not apply to the enactments amended under Schedule 27.

(6) An order under subsection (1) may make such supplementary, incidental or consequential provision as the Secretary of State considers necessary or expedient, including provision amending any relevant enactment.

(7) None of the following—

(a) an order under subsection (1), or

(b) Schedule 27,

affects the penalty for any offence committed before the commencement of that order or Schedule (as the case may be).

(8) In subsection (1) “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

(9) In this section “relevant enactment” means any enactment contained in an Act passed before or in the same Session as this Act.

Textual Amendments

F1 Words in s. 283(1) omitted (14.7.2022) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 19(3)(a)(i); S.I. 2022/816, regs. 1(2), 3(d)

F2 S. 283(1)(b) omitted (14.7.2022) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 19(3)(a)(ii); S.I. 2022/816, regs. 1(2), 3(d)

F3 S. 283(3) omitted (14.7.2022) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(4), Sch. 2 para. 19(3)(b); S.I. 2022/816, regs. 1(2), 3(d)

Commencement Information

I1 S. 283(4)(7) in force at 2.5.2022 for specified purposes by S.I. 2022/500, reg. 3(b)(ii)