Criminal Justice Act 1982

36 Abolition of enhanced penalties under subordinate instruments. E+W

(1) This section applies where an Act (however framed or worded) confers power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the instrument), liable on conviction—

(a) to 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 Act shall have effect as if it conferred power by subordinate instrument to make a person liable—

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

(b) to imprisonment for a term not exceeding the longest or only term,

to which he would have been liable before this section came into force if his conviction had satisfied the conditions required for the imposition of a fine or maximum fine of that amount or imprisonment for that term.

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Modifications etc. (not altering text)

C1 S. 36 amended by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 55(6), Sch. 8 para. 16