Part 3Sentencing and Punishment of Offenders
CHAPTER 1Sentencing
Fines
C1C3C2C5C4C10C6C8C11C11C1385Removal of limit on certain fines on conviction by magistrates' court
C7I2C91
Where, on the commencement day, a relevant offence would, apart from this subsection, be punishable on summary conviction by a fine or maximum fine of £5,000 or more (however expressed), the offence is punishable on summary conviction on or after that day by a fine of any amount.
I22
Where, on the commencement day, a relevant power could, apart from this subsection, be exercised to create an offence punishable on summary conviction by a fine or maximum fine of £5,000 or more (however expressed), the power may be exercised on or after that day to create an offence punishable on summary conviction by a fine of any amount.
I13
For the purposes of this section—
a
an offence is relevant if, immediately before the commencement day, it is a common law offence or it is contained in an Act or an instrument made under an Act (whether or not the offence is in force at that time), and
b
a power is relevant if, immediately before the commencement day, it is contained in an Act or an instrument made under an Act (whether or not the power is in force at that time).
I24
Nothing in subsection (1) affects—
a
fines for offences committed before the commencement day,
b
the operation of restrictions on fines that may be imposed on a person aged under 18, or
c
fines that may be imposed on a person convicted by a magistrates' court who is to be sentenced as if convicted on indictment,
and provision made in exercise of a relevant power in reliance on subsection (2) does not affect such fines or the operation of such restrictions.
I15
The Secretary of State may by regulations make provision disapplying subsection (1) or (2).
I16
The Secretary of State may by regulations make provision—
a
for an offence in relation to which subsection (1) is disapplied to be punishable on summary conviction by a fine or maximum fine of an amount specified or described in the regulations, and
b
for a power in relation to which subsection (2) is disapplied to be exercisable to create an offence punishable on summary conviction by a fine or maximum fine of an amount specified or described in the regulations.
I17
Subsection (8) applies in relation to—
a
a relevant offence that, immediately before the commencement day, is punishable on summary conviction by a fine or maximum fine expressed as a proportion of an amount of £5,000 or more (however that amount is expressed), and
b
a relevant power which, immediately before the commencement day, can be exercised to create an offence punishable on summary conviction by such a fine or maximum fine.
I18
The Secretary of State may by regulations make provision—
a
for the offence to be punishable on summary conviction by a fine or maximum fine of that proportion of an amount specified or described in the regulations, and
b
for the power to be exercisable to create an offence punishable on summary conviction by such a fine or maximum fine.
I19
Regulations under this section may not include provision affecting—
a
fines for offences committed before the regulations come into force,
b
the operation of restrictions on fines that may be imposed on a person aged under 18, or
c
fines that may be imposed on a person convicted by a magistrates' court who is to be sentenced as if convicted on indictment,
and provision made in exercise of a relevant power in reliance on regulations under this section may not include such provision.
I110
Regulations under this section—
a
may make different provision for different cases or circumstances,
b
may make provision generally or only for specified cases or circumstances, and
c
may make consequential, incidental, supplementary, transitional, transitory or saving provision.
I1C12C1211
Regulations under this section, and regulations under section 149 making provision in relation to this section, may amend, repeal, revoke or otherwise modify any provision which, immediately before the commencement day, is contained in an Act or an instrument made under an Act (whether or not the provision is in force at that time).
I112
Regulations under this section are to be made by statutory instrument.
I113
A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
14
If, immediately before the commencement day, the sum specified as level 5 on the standard scale in section 37(2) of the Criminal Justice Act 1982 (standard scale of fines for summary offences) is greater than £5,000, the references in this section to £5,000 have effect as if they were references to that sum.
I115
Powers under this section—
a
may be exercised from time to time, and
b
are without prejudice to other powers to modify fines for relevant offences or fines that may be specified or described when exercising a relevant power.
I116
For the purposes of this section, an offence is relevant whether it is a summary offence or an offence triable either way.
I117
In this section—
“Act” includes an Act or Measure of the National Assembly for Wales;
“the commencement day” means the day on which subsection (1) of this section comes into force;
and references to an offence, power or provision contained in an Act or instrument include an offence, power or provision applied by, or extending to England and Wales by virtue of, an Act or instrument.