Criminal Procedure (Scotland) Act 1975

Section 289A.

[F1 [F2 SCHEDULE 7A] S Offences Made Triable Only Summarily, and Related Amendments

Textual Amendments

F1 Sch. 7A inserted by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 11 para. 11

F2 Act repealed (S.) (1.4.1996) by Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), s. 6(1), Sch. 5 (with savings in ss. 4, 6(2), Sch. 3 paras. 3, 16, Sch. 6)

Modifications etc. (not altering text)

C1 Schedule 7A saved retrospectively by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 56

1Offence	2Enactment	3Amendment	4Old penallties	5New penalties
Night Poaching Act 1828 (c. 69)
1. Offences under section 1 (taking or destroying game or rabbits by night or entering land for that purpose).	Section 1.	For the words from “such offender” onwards substitute “he shall be liable on summary conviction to a fine not exceeding [F3 level 3 on the standard scale]”.	(a) for a first offence, on summary conviction, 3 months or £100 and, in default of finding sureties of £10, a further 6 months;
			(b) for a second offence, on summary conviction, 6 months or £100 and, in default of finding sureties of £20, a further 12 months;
			(c) for a third offence, on conviction on indictment, 2 years or a fine or both.	[F3 level 3 on the standard scale].
2. . . . F4
Public Meeting Act 1908 (c. 66)
3. Offences under section 1(1) (endeavouring to break up a public meeting).	Section 1(1).	After “offence” add “and shall on summary conviction be liable to imprisonment for a term not exceeding six months or to a fine not exceeding [F3 level 5 on the standard scale] or to both”.	(a) on summary conviction 3 months or £100 or both;
			(b) on conviction on indictment 12 months or £500 or both.	6 months or [F3 level 5 on the standard scale] or both.
Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6.) (c. 6)
4. Offences under section 5 (conduct conducive to breaches of the peace).	Section 5 (as substituted by section 7 of the Race Relations Act 1965).	After “offence” add “and shall on summary conviction be liable to imprisonment for a term not exceeding six months or to a fine not exceeding [F3 level 5 on the standard scale] or to both”.	(a) on summary conviction 3 months or £100 or both;
			(b) on conviction on indictment 12 months or £500 or both.	6 months or [F3 level 5 on the standard scale] or both.
[F5 Water (Scotland) Act 1946 (c. 42)]
5. Offences under section 4(7) (failure to comply with obligations in relation to the obtaining of information as to underground water).	Section 4(7).	After “Act” add “and shall on summary conviction be liable to a fine not exceeding [F3 level 3 on the standard scale] and, where the offence continues after conviction, to a further fine of £20 for every day during which it so continues”.	(a) on summary conviction £50 and, where the offence continues a daily fine of £5;
			(b) on conviction on indictment, £200 or 3 months imprisonment or both, and where the offence continues, a daily fine of £20.	[F3 level 3 on the standard scale] and, where the offence continues, a daily fine of £20.
6. . . . F6
Post Office Act 1953 (c. 36)
7. Offences under section 56 (criminal diversion of letters from addressee).	Section 56(1).	For the words from “guilty” onwards substitute “liable on summary conviction to a fine not exceeding [F3 level 4 on the standard scale] or to imprisonment for a term not exceeding six months or to both”.	£50 or 6 months.	[F3 level 4 on the standard scale] or 6 months or both.
8—10. . . . F7
11—13. . . . F8
Betting Gaming and Lotteries Act 1963 (c. 2)
14. Offences under the following provisions—
section 7 (restriction of betting on dog racecourses);
Section 10(5) (advertising licensed betting offices);
section 11(6) (person holding bookmaker’s or betting agency permit employing a person disqualified from holding such a permit);
section 18(2) (making unauthorised charges to bookmakers on licensed track);
section 19 (occupiers of licensed tracks not to have any interest in bookmaking thereon);
section 21 (betting with young persons);
section 22 (betting circulars not to be sent to young persons).	Section 52.	For paragraphs (a) and (b) of subsection (2) (penalties for certain offences) substitute “on summary conviction to a fine not exceeding [F3 level 5 on the standard scale] or to imprisonment for a term not exceeding six months or to both”.	(a) on summary conviction £50 or, on a second or subsequent conviction, 2 months or £100 or both;
			(b) on conviction on indictment £300 or, on a second or subsequent conviction, 6 months or £500 or both.	[F3 level 5 on the standard scale] or 6 months or both.
Theatres Act 1968 (c. 54)
15. Offences under section 6 (provocation of breach of the peace by means of public performance of play).	Section 6(2).	For paragraphs (a) and (b) substitute “on summary conviction to a fine not exceeding [F3 level 5 on the standard scale] or to imprisonment for a term not exceeding six months or to both”.	(a) on summary conviction 3 months or £100 or both;
			(b) on conviction on indictment 12 months or £500 or both.	6 months or [F3 level 5 on the standard scale] or both.
Road Traffic Act 1972 (c. 20)
16. Offences under the following provisions—	In Part I of Schedule 4 (as amended by Part IV of Schedule 5 to the Road Traffic Act 1974)—
Section 5(1) (driving or attempting to drive when unfit to drive through drink or drugs);	the entry relating to section 5(1);	for the words in column 3 substitute “Summarily” and for the words in column 4 substitute “6 months or [F3 level 5 on the standard scale] or both”;	(a) on summary conviction £400 or 4 months;
			(b) on conviction on indictment 2 years or a fine or both;	6 months or [F3 level 5 on the standard scale] or both;
Section 5(2) (being in charge of a motor vehicle when unfit to drive through drink or drugs);	the entry relating to section 5(2);	for the words in column 3 substitute “Summarily” and for the words in column 4 substitute “3 months or [F3 level 4 on the standard scale] or both”;	(a) on summary conviction £200;
			(b) on conviction on indictment 12 months or a fine or both;	3 months or [F3 level 4 on the standard scale] or both;
Section 6(1) (driving or attempting to drive with blood-alcohol concentration above the prescribed limit);	the entry relating to section 6(1);	for the words in column 3 substitute “Summarily” and for the words in column 4 substitute “6 months or [F3 level 5 on the standard scale] or both”;	(a) on summary conviction £400 or 4 months;
			(b) on conviction on indictment 2 years or a fine or both;	6 months or [F3 level 5 on the standard scale] or both;
Section 6(2) (being in charge of a motor vehicle with blood-alcohol concentration above the prescribed limit);	the entry relating to section 6(2);	for the words in column 3 substitute “Summarily” and for the words in column 4 substitute “3 months or [F3 level 5 on the standard scale] or both”;	(a) on summary conviction £200;
			(b) on conviction on indictment 12 months or a fine or both;	3 months or [F3 level 4 on the standard scale] or both;
Section 9(3) (failing to provide a specimen of blood or urine for a laboratory test).	the entry relating to section 9(3).	for the words in column 3 substitute “Summarily” and in column 4, in paragraph (i) for the words “£400” substitute “6 months or [F3 level 5 on the standard scale] or both” and for the words from “£200” in paragraph (ii) to the end of paragraph (iv) substitute “3 months or [F3 level 4 on the standard scale] or both”.	(a) on summary conviction—
			(i) where it is shown that the offender was driving or attempting to drive, £400;
			(ii) where in any other case it is shown that the offender was in charge of a motor vehicle on a road or other public place, £200;
			(b) on conviction on indictment—
			(i) 2 years or a fine or both in the case of a conviction where it is shown as mentioned in paragraph (a)(i) above;
			(ii) 12 months or a fine or both in the case of a conviction where it is shown as mentioned in paragraph (a)(ii) above.	(a) where it is shown that the offender was driving or attempting to drive, 6 months or [F3 level 5 on the standard scale] or both;
			(b) where in any other case it is shown that the offender was in charge of a motor vehicle on a road or other public place, 3 months or [F3 level 4 on the standard scale], or both.
Health and Safety at Work etc. Act 1974 (c. 37)
17. Offences under section 33(5) (continuing contravention of improvement notice, prohibition notice or court order).	Section 33(5).	For the words from “liable” to “£50” substitute “liable on summary conviction to a fine not exceeding £100”.	£50 for each day on which the contravention continues.	£100 for each day on which the contravention continues.
Sexual Offences (Scotland) Act 1976 (c. 67)
18. Offences under section 14(1) (allowing child under 16 to be in brothel).	Section 14(1).	For the words from “liable” to “£25” substitute “liable on summary conviction to a fine not exceeding [F3 level 2 on the standard scale]”.	(a) on summary conviction 6 months or £25 or both;
			(b) on conviction on indictment 6 months or £25 or both.	6 months or [F3 level 2 on the standard scale] or both.]

Textual Amendments

F3 Words substituted by virtue of Criminal Procedure (Scotland) 1975 (c. 21, SIF 39:1), s. 289G

F4 Sch. 7A para. 2 repealed by Wages Act 1986 (c. 48, SIF 43:2), ss. 32(2), 33(5), Sch. 5, Pt. III

F5 Provisions no longer applicable (by reason of the repeal of Water (Scotland) Act 1946 (c. 42) by Water (Scotland) Act 1980 (c. 45, SIF 130), Sch. 11

F6 Item 6 repealed by Representation of the People Act 1983 (c. 2, SIF 42), Sch. 9 Pt. II

F7 Paras. 8–10 repealed by Dentists Act 1984 (c. 24, SIF 83:1), Sch. 6 Pt. I

F8 Sch. 7A paras. 11–13 repealed by Opticians Act 1989 (c. 44, SIF 83:1), s. 37, Sch. 2