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The Fines and Penalties (Northern Ireland) Order 1984

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General increase of fines for offences under Acts and OrdersN.I.

6.—(1) Subject to Articles 7(1) and 16, for any offence to which this Article applies, being an offence under a relevant provision, the fine or maximum fine which may be imposed on conviction shall be increased to the amount at the appropriate level on the standard scale unless the offence is one for which Article 7(2) provides some other increase.

(2) Where a relevant provision provides for any offence to which this Article applies a fine or maximum fine in respect of a specified quantity or a specified number of things—

(a)that fine or maximum fine shall be treated for the purposes of this Article as being the fine or maximum fine for the offence; and

(b)where that provision also specifies an alternative fine or maximum fine, paragraph (1) shall have effect to increase—

(i)the alternative fine; and

(ii)any amount that the provision specifies as the maximum which a fine under it may not exceed.

(3) Subject to paragraphs (4) and (5), the appropriate level on the standard scale for the purposes of paragraphs (1) and (2) is the level on that scale next above the amount of the fine or maximum fine that falls to be increased.

(4) If the amount of the fine or maximum fine that falls to be increased is £400 or more but less than £500, the appropriate level is £1,000.

(5) Except in respect of—

(a)an offence created by an Act of the Parliament of the United Kingdom passed before 1st January 1949 for which the fine has been altered on or after that date; or

(b)an offence created by such an Act passed on or after that date;

if the amount of the fine or maximum fine that falls to be increased is £20 or more but less than £25, the appropriate level is £50.

(6) Where Article 9 applies, the amount of the fine or maximum fine that falls to be increased is to be taken to be the fine or maximum fine to which a person is liable by virtue of that Article.

(7) This Article shall not affect so much of any relevant provision as (in whatever words) makes a person liable on summary conviction to a fine or maximum fine for each period of a specified length during which a continuing offence is continued.

(8) Where a relevant provision provides for any offence to which this Article applies different fines or maximum fines in relation to different circumstances or persons of different descriptions, they are to be treated separately for the purposes of this Article.

(9) This Article applies to any offence punishable on summary conviction only which—

(a)makes a person liable on conviction to a fine or maximum fine which is less than £1,000; and

(b)in the case of an offence under a provision contained in an Act of the Parliament of the United Kingdom was created not later than 29th July 1977 and for which the fine or maximum fine has not been altered since that date or has only been altered since that date by Article 9.

(10) In this Article “relevant provision” means a provision contained in—

(a)an Act of the Parliament of the United Kingdom;

(b)an Act of the Parliament of Ireland;

(c)an Act of the Parliament of Northern Ireland;

(d)an Order in Council under section 1(3) of the [1972 c. 22] Northern Ireland (Temporary Provisions) Act 1972; or

(e)an Order in Council under Schedule 1 to the [1974 c. 28] Northern Ireland Act 1974;

being such an Act or Order passed or made—

(i)before this Order is made; or

(ii)in the case of an Act, in the same Session of Parliament.

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