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Criminal Procedure (Scotland) Act 1975

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Criminal Procedure (Scotland) Act 1975, Section 289F is up to date with all changes known to be in force on or before 20 September 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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289F Increase of fines for certain summary offences.S

(1)Subject to subsections (2) to (7) and (9) below, this section applies where any Act passed on or before 29th July 1977 (the date of the passing of the M1Criminal Law Act 1977)—

(a)makes a person liable on conviction of an offence triable only summarily to a fine or a maximum fine which is less than £1,000; or

(b)confers a power by subordinate instrument to make a person liable on conviction of an offence triable only summarily (whether or not created by the instrument) to a fine or a maximum fine which is less than £1,000, or a fine or a maximum fine which shall not exceed an amount of less than £1,000,

and the fine or maximum fine which may be imposed or, as the case may be, for which the subordinate instrument may provide has not been altered by—

(i)section 289A of this Act;

(ii)section 289C of this Act (except where section 289E(3) of this Act applies);

(iii)section 30(3) of the Criminal Law Act 1977;

(iv)an enactment passed or made after 29th July 1977 and before the commencement of this section.

(2)In the case of an offence to which section 457A(1)(b) of this Act applies, paragraphs (i) to (iii) of subsection (1) above do not apply and the fine or the maximum fine referred to in subsection (8) below is the fine or the maximum fine for the offence immediately before 29th July 1977 as amended, where applicable, by section 289E of this Act.

(3)This section also applies where any enactment—

(a)is contained in a consolidation Act passed after 29th July 1977 and before the commencement of this section; and

(b)otherwise fulfils the conditions of subsection (1) above as amended by subsection (2) above where it applies; and

(c)is a re-enactment (with or without modification) of an enactment passed on or before that date.

(4)Subject to subsection (9) below, where an Act provides or confers a power to provide for, on conviction of an offence triable only summarily, a fine or a maximum fine in respect of a specified quantity or a specified number of things, that fine or maximum fine is the fine or, as the case may be, the maximum fine for the purposes of this section.

(5)Where an Act to which this section applies provides or confers a power to provide different fines or maximum fines in relation to different circumstances or persons of different descriptions, such fines or maximum fines are to be treated separately for the purposes of this section.

(6)This section also applies where the penalties or maximum penalties provided or for which provision may be made by or under any Act on first and on second or subsequent conviction of an offence have been made the same by operation of section 289E of this Act; and in that case the fine or the maximum fine referred to in subsection (8) below is the maximum fine to which a person is or may be made liable by virtue of that section.

(7)This section does not apply in the case of—

(a)so much of any Act as (in whatever words) makes a person liable or provides for a person to be made liable to a fine or a maximum fine for each period of a specified length during which a continuing offence is committed;

(b)section 67(3) of the M2Transport Act 1962;

(c)sections 40(5) and 44(1) of the M3Road Traffic Act 1972;

(d)an enactment mentioned in Schedule 1 to the M4British Railways Act 1977 to the extent that the enactment was amended by section 13(1) of that Act;

(e)an enactment mentioned in Schedule 7D to this Act or in Schedule 2 to the M5Criminal Justice Act 1982.

(8)Where this section applies, the fine or, as the case may be, the maximum fine to which a person is or may be made liable by or under the Act shall be increased to the amount shown in column 2 of the Table below opposite the band in column 1 within which the fine or the maximum fine referred to in subsection (1) above falls.

Column 1Column 2
Fine or maximum fineIncreased amount
Under £25£25
Under £50 but not less than £25£50
Under £200 but not less than £50£200
Under £400 but not less than £200£500
Under £1,000 but not less than £400£1,000

(9)Where an Act to which this section applies provides or confers a power to provide for, on conviction of an offence triable only summarily, a fine or a maximum fine in respect of a specified quantity or a specified number of things but also provides or confers a power to provide for an alternative fine or maximum fine as regards the offence, subsection (8) above shall have effect to increase—

(a)the alternative fine; and

(b)any amount that the Act provides or confers a power to provide for as the maximum which a fine as regards the offence may not exceed,

as well as the fine or maximum fine which it has effect to increase by virtue of subsection (4) above.

(10)This section does not affect the penalty which may be imposed in respect of an offence committed before it comes into force.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

M11977 c. 45(39:1).

M31972 c. 20(107:1).

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