PART VIMiscellaneous and General

Increase of Fines, etc.

92Increase of fines.

(1)The enactments specified in column 1 of Part I of Schedule 3 to this Act, (being enactments creating the offences broadly described in column 2 of that Part of that Schedule) shall each have effect as if the maximum fine which may be imposed on summary conviction of any offence specified in that enactment were a fine not exceeding the amount specified in column 4 of that Schedule instead of a fine of, or not exceeding, the amount specified in column 3 of that Schedule.

(2)The enactments specified in column 1 of Part II of the said Schedule 3 (being enactments which confer power to include in subordinate instruments a provision imposing a fine on summary conviction of any offence described in column 2 of that Part of that Schedule) shall each have effect as if the maximum amount of the fine which may be imposed by any provision contained in such an instrument and made under that enactment for any offence under the instrument were that specified in column 4 of that Schedule instead of that specified in column 3 of that Schedule.

(3)Any subordinate provision in force immediately before the commencement of this Act under an enactment specified in the said Part II shall, if it provides that the maximum amount of the fine which may be imposed on summary conviction of an offence specified in the provision shall be the amount specified in column 3 of the said Part II, have effect as if the said maximum amount were the amount specified in column 4 of the said Part II.

(4)The last foregoing subsection shall have effect subject to any subordinate provision made under any enactment specified in the said Part II after the commencement of this Act.

(5)The foregoing provisions of this section shall not affect the power of a court to impose a penalty for a continuing offence under any enactment specified in Part I of the said Schedule 3 or any subordinate provision made under an enactment specified in Part II of that Schedule except where such a penalty is expressly mentioned in column 3 of that Schedule; nor shall they affect the power of a court to award imprisonment under any such enactment or provision.

(6)In this section " subordinate provision " means a provision contained in an instrument made under an enactment.

(7)Part III of the said Schedule 3 shall have effect for the purpose of amending section 24 of the [1897 c. 38.] Public Health (Scotland) Act 1897.

(8)There shall be no limit on the amount of the fine which may be imposed on conviction on indictment of an offence under any of the following enactments:—

(a)section 2 of the [1889 c. 69.] Public Bodies Corrupt Practices Act 1889 (giving or receiving bribes in respect of a public servant's performance of his duties),

(b)section 1 of the [1906 c. 34.] Prevention of Corruption Act 1906 (giving or receiving bribes in respect of an agent's functions in relation to his principal's affairs, etc.),

(c)section 36 of the [1925 c. 86.] Criminal Justice Act 1925 (forgery of a passport and false statements in procuring a passport), and

(d)section 1(1) of the [1953 c. 14.] Prevention of Crime Act 1953 (carrying an offensive weapon in a public place without lawful authority or reasonable excuse).

(9)Nothing in this section shall affect the amount of the fine which may be imposed on conviction of an offence committed before the commencement of this Act.

93Alteration of maximum periods of imprisonment in default of payment of fines, etc.

(1)For the Table in paragraph 1 of Schedule 3 to the [1952 c. 55.] Magistrates' Courts Act 1952 (maximum periods of imprisonment in default of payment of fines, etc.) there shall be substituted the following Table:—

TABLE
An amount not exceeding £2seven days
An amount exceeding £2 but not exceeding £5fourteen days
An amount exceeding £5 but not exceeding £20thirty days
An amount exceeding £20 but not exceeding £50sixty days
An amount exceeding £50ninety days

(2)In paragraph 3 of the said Schedule 3 (maximum periods of imprisonment in default of payment of sums due on summary conviction of a revenue offence) for the references to £20 and £50 there shall be substituted references to £50 and £100 respectively and for the reference to three months there shall be substituted a reference to ninety days.

(3)For the table in section 49(1) of the [1954 c. 48.] Summary Jurisdiction (Scotland) Act 1954 (maximum period of imprisonment in default of payment of fines, etc.) there shall be substituted the following table:—

Amount of sum imposedPeriod of Imprisonment
Not exceeding £2seven days
Exceeding £2 but not exceeding £5fourteen days
Exceeding £5 but not exceeding £20thirty days
Exceeding £20 but not exceeding £50sixty days
Exceeding £50ninety days

(4)For the scale in section 285(1) of the [1952 c. 44.] Customs and Excise Act 1952 (maximum periods of imprisonment in default of payment of fines etc., or in default of sufficient distress to satisfy fines, etc., imposed on summary conviction under the customs or excise Acts) there shall be substituted the following scale:—

Where the amount of the sum adjudged to be paid by the conviction—The said period shall be a period not exceeding—
exceeds £50 but does not exceed £100ninety days.
exceeds £100 but does not exceed £250six months.
exceeds £250 but does not exceed £500nine months.
exceeds £500twelve months.