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The Fines and Penalties (Northern Ireland) Order 1984

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Enhanced penalties under instrumentsN.I.

10.  (1)  This Article applies where a relevant provision (however framed or worded) confers power by instrument to authorise with respect to an offence punishable on summary conviction only (whether or not created by the instrument)—

(a)a fine or maximum fine of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction; or

(b)to imprisonment for a longer term in the case of a second or subsequent conviction; or

(c)to imprisonment only in the case of a second or subsequent conviction.

(2) Any such relevant provision shall have effect as if it conferred power by instrument to authorise with respect to any such offence—

(a)a fine or, as the case may be, a maximum fine of an amount not exceeding the greatest amount;

(b)imprisonment for a term not exceeding the longest or only term, which could have been authorised before this Article came into force.

(3) In this Article “relevant provision” has the same meaning as in Article 9.

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