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Criminal Justice Act 1988

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Criminal Justice Act 1988, Part V is up to date with all changes known to be in force on or before 29 March 2024. 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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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part VU.K. Jurisdiction, Imprisonment, Fines, Etc.

JurisdictionE+W

37 Certain either way offences relating to motor vehicles to be summary offences.E+W

(1)In section 12 of the M1Theft Act 1968 (taking motor vehicle or other conveyance without authority etc.)—

(a)in subsection (2), for the words “on conviction on indictment be liable to imprisonment for a term not exceeding three years." there shall be substituted the words “be liable on summary conviction to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both."; and

(b)at the end of subsection (4) there shall be added the words “and if he is found guilty of it, he shall be liable as he would have been liable under subsection (2) above on summary conviction.".

(2)F1

38 Criminal damage etc. as summary offences.E+W

(1)In subsection (1) of section 22 of the M2Magistrates’ Courts Act 1980 (under which, where an offence of or related to criminal damage is charged and it appears to a magistrates’ court clear that the value involved does not exceed the relevant sum, the court is required to proceed as if the offence charged were triable only summarily) in the second paragraph (which states the relevant sum) for “£400" there shall be substituted “£2,000".

(2)Subsection (1) above does not apply to an offence charged in respect of an act done before this section comes into force.

(3)The following subsection shall be inserted after subsection (10) of that section—

(11)Where—

(a)the accused is charged on the same occasion with two or more scheduled offences and it appears to the court that they constitute or form part of a series of two or more offences of the same or a similar character; or

(b)the offence charged consists in incitement to commit two or more scheduled offences,

this section shall have effect as if any reference in it to the value involved were a reference to the aggregate of the values involved..

(4)Subsection (3) above does not apply where any of the offences are charged in respect of acts done before this section comes into force.

Marginal Citations

39 Common assault and battery to be summary offences.E+W

[F2(1)]Common assault and battery shall be summary offences and a person guilty of either of them shall be liable to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both.

[F3(2)Subsection (1) is subject to section 1 of the Assaults on Emergency Workers (Offences) Act 2018 (which makes provision for increased sentencing powers for offences of common assault and battery committed against an emergency worker acting in the exercise of functions as such a worker).]

Textual Amendments

F2S. 39 renumbered as s. 39(1) (13.11.2018) by Assaults on Emergency Workers (Offences) Act 2018 (c. 23), ss. 1(5), 4(2) (with s. 1(6))

[F439ATime limit for prosecution of common assault or battery in domestic abuse casesE+W

(1)This section applies to proceedings for an offence of common assault or battery where—

(a)the alleged behaviour of the accused amounts to domestic abuse, and

(b)the condition in subsection (2) or (3) is met.

(2)The condition in this subsection is that—

(a)the complainant has made a witness statement with a view to its possible admission as evidence in the proceedings, and

(b)the complainant has provided the statement to—

(i)a constable of a police force, or

(ii)a person authorised by a constable of a police force to receive the statement.

(3)The condition in this subsection is that—

(a)the complainant has been interviewed by—

(i)a constable of a police force, or

(ii)a person authorised by a constable of a police force to interview the complainant, and

(b)a video recording of the interview has been made with a view to its possible admission as the complainant’s evidence in chief in the proceedings.

(4)Proceedings to which this section applies may be commenced at any time which is both—

(a)within two years from the date of the offence to which the proceedings relate, and

(b)within six months from the first date on which either of the conditions in subsection (2) or (3) was met.

(5)This section has effect despite section 127(1) of the Magistrates’ Court Act 1980 (limitation of time).

(6)In this section—

  • “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;

  • “police force” has the meaning given by section 3(3) of the Prosecution of Offences Act 1985;

  • “video recording” has the meaning given by section 63(1) of the Youth Justice and Criminal Evidence Act 1999;

  • “witness statement” means a written statement that satisfies the conditions in section 9(2)(a) and (b) of the Criminal Justice Act 1967.

(7)This section does not apply in relation to an offence committed before the coming into force of section 49 of the Police, Crime, Sentencing and Courts Act 2022.]

40 Power to join in indictment count for common assault etc.E+W

(1)A count charging a person with a summary offence to which this section applies may be included in an indictment if the charge—

(a)is founded on the same facts or evidence as a count charging an indictable offence; or

(b)is part of a series of offences of the same or similar character as an indictable offence which is also charged,

but only if (in either case) the facts or evidence relating to the offence F5...[F6 are disclosed by material which, in pursuance of regulations made under paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998 (procedure where person sent for trial under section 51 [F7or 51A]), has been served on the person charged].

(2)Where a count charging an offence to which this section applies is included in an indictment, the offence shall be tried in the same manner as if it were an indictable offence; but the Crown Court may only deal with the offender in respect of it in a manner in which a magistrates’ court could have dealt with him.

(3)The offences to which this section applies are—

(a)common assault;

F8 [( aa )an offence under section 90(1) of the Criminal Justice Act 1991 (assaulting a prisoner custody officer);

(ab)an offence under section 13(1) of the Criminal Justice and Public Order Act 1994 (assaulting a secure training centre custody officer)]

[F9(ac)an offence under paragraph 14 or 24 of Schedule 10 to the Criminal Justice and Courts Act 2015 (assaulting secure college custody officer);]

(b)an offence under section 12(1) of the M3Theft Act 1968 (taking motor vehicle or other conveyance without authority etc.);

(c)an offence under [F10section 103(1)(b) of the Road Traffic Act 1988] (driving a motor vehicle while disqualified);

(d)an offence mentioned in the first column of Schedule 2 to the M4Magistrates’ Courts Act 1980 (criminal damage etc.) which would otherwise be triable only summarily by virtue of section 22(2) of that Act; and

(e)any summary offence specified under subsection (4) below.

(4)The Secretary of State may by order made by statutory instrument specify for the purposes of this section any summary offence which is punishable with imprisonment or involves obligatory or discretionary disqualification from driving.

(5)A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F5Words in s. 40(1) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 60(7)(a), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1102, art. 2(1)(d)

F6Words in s. 40(1) inserted (4.1.1999 for specified purposes and otherwise 15.1.2001) by 1998 c. 37, s. 119, Sch. 8 para. 66; S.I. 1998/2327, art. 4(2)(c); S.I. 2000/3283, art. 2(c)

F7 Words in s. 40(1) inserted (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44) , s. 336(3) (4) , Sch. 3 para. 60(7)(b) ; S.I. 2005/1267 , arts. 2(1)(2)(b), Sch. Pt. 2; S.I. 2012/1320 , art. 4(1)(c)(2)(3) (with arts. 3, 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103 art. 4); S.I. 2013/1103, art. 2(1)(d)

F8S. 40(3)(aa)(ab) inserted (3.2.1995) by 1994 c. 33, s. 168(1), Sch. 9 para. 35; S.I. 1995/127, art. Sch. 1, Appendix A

Modifications etc. (not altering text)

C1S. 40 modified (1.12.1998) by 1998 c. 37, s. 52(6), Sch. 3 para. 6(8); S.I. 1998/2327, art. 4(2)

Marginal Citations

F1141 Power of Crown Court to deal with summary offence where person committed for either way offence.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11S. 41 repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 60(8), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)

F1242. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Power of Court of Appeal to order retrialE+W

43 Power of Court of Appeal to order retrial.E+W

(1)The M5Criminal Appeal Act 1968 shall be amended as follows.

(2)In section 7(1), the words “and do so only by reason of evidence received or available to be received by them under section 23 of this Act" shall cease to have effect.

(3)At the end of subsection (1) of section 8 there shall be added the words “but after the end of two months from the date of the order for his retrial he may not be arraigned on an indictment preferred in pursuance of such a direction unless the Court of Appeal give leave."

(4)The following subsections shall be inserted after that subsection—

(1A)Where a person has been ordered to be retried but may not be arraigned without leave, he may apply to the Court of Appeal to set aside the order for retrial and to direct the court of trial to enter a judgment and verdict of acquittal of the offence for which he was ordered to be retried.

(1B)On an application under subsection (1) or (1A) above the Court of Appeal shall have power—

(a)to grant leave to arraign; or

(b)to direct the entry of a judgment and verdict of acquittal,but shall not give leave to arraign unless they are satisfied—

(i)that the prosecution has acted with all due expedition; and

(ii)that there is a good and sufficient cause for a retrial in spite of the lapse of time since the order under section 7 of this Act was made.

(5)Nothing in this section applies where notice of appeal or of application for leave to appeal was given before the commencement of this section.

Marginal Citations

ImprisonmentU.K.

44 Firearms offences.E+W+S

(1)Part 1 of Schedule 6 to the M6Firearms Act 1968 (prosecution and punishment of offences) shall be amended as follows.

(2)For the third and fourth columns of the entries relating to an offence under section 2(1) (possessing, etc. shotgun without shotgun certificate) there shall be substituted—

(a) Summary.6 months or the statutory maximum or both.
(b) On indictment.3 years or a fine; or both.

(3)Life imprisonment” shall be substituted for “14 years" in the fourth column of the entries relating to offences under—

(a)section 17(2) (possessing firearm or imitation firearm at time of committing or being arrested for certain offences); and

(b)section 18(1) (carrying firearm or imitation firearm with criminal intent).

(4)Nothing in this section shall affect the punishment for an offence committed before this section comes into force.

Marginal Citations

45 Increase in maximum term of imprisonment for cruelty to children and young persons.E+W+S

(1)In section 1(1)(a) of the M7Children and Young Persons Act 1933 (under which the maximum term of imprisonment for cruelty to persons under 16 is two years) and in section 12(1)(a) of the M8Children and Young Persons (Scotland) Act 1937 (which makes corresponding provision for Scotland), for “two" there shall be substituted “ten".

(2)Nothing in subsection (1) above shall affect the punishment for an offence committed before this section comes into force.

Marginal Citations

46 Maximum term of imprisonment on summary conviction under Prevention of Crime Act 1953 and maximum fine under Restriction of Offensive Weapons Act 1959.E+W+S

(1)In section 1(1)(a) of the M9Prevention of Crime Act 1953 “six months” shall be substituted for “three months".

(2)The maximum fine that may be imposed for an offence under section 1 of the M10Restriction of Offensive Weapons Act 1959 shall be a fine not exceeding level 5 on the standard scale.

(3)This section shall not have effect in relation to anything done before it comes into force.

Marginal Citations

F1347 Corruption.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1448. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F14S. 48 repealed (15.2.1994) by 1993 c. 36, ss. 78(3), 79(14), Sch. 6 Pt.I; S.I. 1994/71, art. 2,Sch., Appendix

49 Repeal of s.134 of Magistrates’ Courts Act 1980.E+W

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

50 Suspended and partly suspended sentences on certain civilians in courts-martial and Standing Civilian Courts.U.K.

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16S. 50 repealed (28.3.2009 for certain purposes and otherwise prosp.) by Armed Forces Act 2006 (c. 52), s. 378, 383, Sch. 16 para. 112, Sch. 17; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059)

Maximum fines under subordinate legislationE+W

51 Statutory maximum as penalty on summary conviction for offences triable either way in subordinate legislation.E+W

(1)For any offence triable either way under a subordinate instrument made before the commencement of this section, the maximum fine which may be imposed on summary conviction shall by virtue of this subsection be the statutory maximum unless the offence is one for which by virtue of the instrument a larger maximum fine may be imposed on summary conviction.

(2)Where apart from this section the maximum fine would be one amount in the case of a first conviction and a different amount in the case of a second or subsequent conviction, subsection (1) above shall apply irrespective of whether the conviction is a first, second or subsequent one.

(3)Subsection (1) above shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued after conviction or the occurrence of any other specified event.

(4)Where there is under any enactment (however framed or worded) contained in an Act passed before the commencement of this section a power by subordinate instrument to impose penal provisions, being a power which allows the creation of offences triable either way, the maximum fine which may in the exercise of that power be authorised on summary conviction in respect of an offence triable either way shall by virtue of this subsection be the statutory maximum unless some larger maximum fine can be authorised on summary conviction of such an offence by virtue of an enactment contained in an Act passed before the commencement of this section.

(5)Where there is under any enactment (however framed or worded) contained in an Act passed before the commencement of this section a power by subordinate instrument to create offences triable either way, the maximum fine for an offence triable either way so created may be expressed as a fine not exceeding the statutory maximum.

(6)Subsection (5) above has effect in relation to exercises of powers before as well as after the commencement of this section.

(7)Nothing in this section shall affect the punishment for an offence committed before the commencement of this section.

(8)In this section and sections 52, 53, 55, 57 and 59 below “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.

52 Penalties on conviction for summary offences under subordinate legislation— conversion of references to amounts to references to levels on scale.E+W

(1)Where under a relevant subordinate instrument the maximum fine on conviction of a summary offence specified in the instrument is an amount shown in the second column of the standard scale, the reference in the instrument to the amount of the maximum fine shall be construed as a reference to the level in the first column of the standard scale corresponding to that amount.

(2)In subsection (1) above “relevant subordinate instrument” means any instrument made by virtue of an enactment or instrument after 30th April 1984 and before the commencement of this section.

(3)Subsection (1) above shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued after conviction or the occurrence of any other specified event.

(4)Where there is—

(a)under any enactment (however framed or worded) contained in an Act passed before the commencement of this section;

(b)under any instrument (however framed or worded) made by virtue of such an enactment,

a power to provide by subordinate instrument that a person, as regards any summary offence (whether or not created by the instrument) shall be liable on conviction to a fine, a person may be so made liable to a fine not exceeding a specified level on the standard scale.

(5)Subsection (4) above has effect in relation to exercises of powers before as well as after the commencement of this section.

53 Powers to specify maximum fines for summary offences under subordinate instruments— conversion of references to amounts to references to levels on scale—England and Wales.E+W

(1)Where an instrument which was made under an enactment on or after 11th April 1983 but before this section came into force confers on any authority other than a harbour authority a power by subordinate instrument to make a person liable to a fine on conviction of a summary offence of an amount shown in the second column of the standard scale, as that scale had effect when the instrument was made, a reference to the level in the first column of the standard scale which then corresponded to that amount shall be substituted for the reference in the instrument conferring the power to the amount of the fine.

(2)If an order under section 143 of the M11Magistrates’ Courts Act 1980 alters the sums specified in section 37(2) of the M12Criminal Justice Act 1982, the second reference to the standard scale in subsection (1) above is to be construed as a reference to that scale as it has effect by virtue of the order.

(3)This section shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a maximum fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued.

Marginal Citations

54 Fines on summary conviction for offences under subordinate instruments— conversion to references to levels on scale—Scotland.E+W

In the M13Criminal Procedure (Scotland) Act 1975, after section 289GC (which is inserted by section 56 of this Act) there shall be inserted the following section—

289GD Fines on summary conviction for offences under subordinate instruments—conversion to references to levels on scale.

(1)Where an instrument which was made under an enactment on or after 11th April 1983 but before the commencement of section 54 of the Criminal Justice Act 1988 confers on any authority other than a harbour authority a power by subordinate instrument to make a person liable on summary conviction to a fine of an amount shown in the second column of the standard scale, as that scale had effect when the instrument was made, a reference to the level in the first column of the standard scale which then corresponded to that amount shall be substituted for the reference in the instrument conferring the power to the amount of the fine.

(2)This section shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a maximum fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued.

Marginal Citations

55 Fines under secondary subordinate instruments— England and Wales.E+W

(1)This section applies to any instrument (however framed or worded) which—

(a)was made before 11th April 1983 (the date of the commencement of sections 35 to 50 of the M14Criminal Justice Act 1982); and

(b)confers on any authority other than a harbour authority a power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the latter instrument), liable on conviction to a maximum fine of a specified amount not exceeding £1,000,

but does not affect so much of any such instrument as (in whatever words) confers a power by subordinate instrument to make a person liable on conviction to a fine for each period of a specified length during which a continuing offence is continued.

(2)The maximum fine to which a subordinate instrument made by virtue of an instrument to which this section applies may provide that a person shall be liable on conviction of a summary offence is—

(a)if the specified amount is less than £25 , level 1 on the standard scale;

(b)if it is £25 or more but less than £50, level 2;

(c)if it is £50 or more but less than £200, level 3;

(d)if it is £200 or more but less than £400, level 4; and

(e)if it is £400 or more, level 5.

(3)Subject to subsection (5) below, where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things, that fine shall be treated for the purposes of this section as being the maximum fine to which a person may be made liable by virtue of the instrument.

(4)Where an instrument to which this section applies confers a power to provide for different maximum fines in relation to different circumstances or persons of different descriptions, the amounts specified as those maximum fines are to be treated separately for the purposes of this section.

(5)Where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things but also confers a power by subordinate instrument to make a person, as regards such an offence, liable on conviction to an alternative fine, this section shall have effect in relation—

(a)to the alternative fine; and

(b)to any amount that the instrument specifies as the maximum fine for which a subordinate instrument made in the exercise of the power conferred by it may provide,

as well as in relation to the fine mentioned in subsection (3) above.

(6)Section 36 of the M15Criminal Justice Act 1982 (abolition of enhanced penalties under subordinate instruments) shall have effect as if the references in it to an Act included references to an instrument and the reference in subsection (2) to the coming into force of the section were a reference, in relation to an instrument conferring a power such as is mentioned in subsection (1), to the coming into force of this section.

Marginal Citations

56 Fines under secondary subordinate instruments: Scotland.S

(1)In the M16Criminal Procedure (Scotland) Act 1975, after section 289GB (which was inserted by the M17Criminal Justice (Scotland) Act 1987) there shall be inserted the following section—

289GC Fines under secondary subordinate instruments— Scotland.

(1)This section applies to any instrument (however framed or worded) which—

(a)was made before 11th April 1983 (the date of commencement of Part IV of the Criminal Justice Act 1982);

(b)confers on any authority other than a harbour authority a power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the latter instrument), liable on conviction to a maximum fine of a specified amount not exceeding £1,000,

but does not affect so much of any such instrument as (in whatever words) confers a power by subordinate instrument to make a person liable on conviction to a fine for each period of a specified length during which a continuing offence is continued.

(2)The maximum fine to which a subordinate instrument made by virtue of an instrument to which this section applies may provide that a person shall be liable on conviction of a summary offence is—

(a)if the specified amount is less than £25, level 1 on the standard scale;

(b)if it is £25 or more but less than £50, level 2;

(c)if it is £50 or more but less than £200, level 3;

(d)if it is £200 or more but less than £400, level 4; and

(e)if it is £400 or more, level 5.

(3)Subject to subsection (5) below, where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things, that fine shall be treated for the purposes of this section as being the maximum fine to which a person may be made liable by virtue of the instrument.

(4)Where an instrument to which this section applies confers a power to provide for different maximum fines in relation to different circumstances or persons of different descriptions, the amount specified as those maximum fines are to be treated separately for the purposes of this section.

(5)Where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things but also confers a power by subordinate instrument to make a person, as regards such an offence, liable on conviction to an alternative fine, this section shall have effect in relation—

(a)to the alternative fine; and

(b)to any amount that the instrument specifies as the maximum fine for which a subordinate instrument made in the exercise of the power conferred by it may provide,

as well as in relation to the fine mentioned in subsection (3) above.

(2)Section 289E of the M18Criminal Procedure (Scotland) Act 1975 (penalties for first and subsequent convictions of summary offences to be the same) shall have effect as if the references in it to an Act included references to an instrument and the reference in subsection (5) to the commencement of the section were a reference, in relation to an instrument conferring a power such as is mentioned in subsection (1), to the coming into force of this section.

57 Powers of harbour authorities to provide for maximum fines up to level 4 on standard scale.E+W+S

(1)Where a harbour authority is empowered to provide—

(a)in an instrument made by virtue of an enactment; or

(b)in an instrument made by virtue of an instrument made under an enactment,

that a person, as regards any summary offence (whether or not created by the instrument), shall be liable on conviction to a fine not exceeding an amount less than level 4 on the standard scale, the power shall extend by virtue of this section to making him liable to a fine not exceeding level 4.

(2)Where any enactment or instrument (“the enabling legislation") (however expressed) provides that a person who contravenes any provision of an instrument (“a regulatory instrument") made by a harbour authority—

(a)by virtue of the enabling legislation; or

(b)by virtue of an instrument made under the enabling legislation,

shall be guilty of a summary offence and liable on conviction to a fine not exceeding an amount less than level 4 on the standard scale, the power conferred by the enabling legislation shall by virtue of this section enable the harbour authority to provide in a regulatory instrument that a person, as regards any summary offence created by the regulatory instrument, shall be liable on summary conviction to a fine not exceeding level 4.

F1758. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Exceptionally high maximum finesE+W

59 Power to alter exceptionally high maximum fines.E+W

(1)The Secretary of State may by order amend an enactment or subordinate instrument specifying a sum to which this subsection applies so as to substitute for that sum such other sum as appears to him—

(a)to be justified by a change in the value of money appearing to him to have taken place since the last occasion on which the sum in question was fixed; or

(b)to be appropriate to take account of an order altering the standard scale which has been made or is proposed to be made.

(2)Subsection (1) above applies to any sum which—

(a)is specified as the maximum fine which may be imposed on conviction of a summary offence; and

(b)is higher than level 5 on the standard scale.

(3)The Secretary of State may by order amend an enactment or subordinate instrument specifying a sum to which this subsection applies so as to substitute for that sum such other sum as appears to him—

(a)to be justified by a change in the value of money appearing to him to have taken place since the last occasion on which the sum in question was fixed; or

(b)to be appropriate to take account of an order made or proposed to be made altering the statutory maximum.

(4)Subsection (3) above applies to any sum which—

(a)is specified as the maximum fine which may be imposed on summary conviction of an offence triable either way; and

(b)is higher than the statutory maximum.

(5)An order under this section—

(a)shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and

(b)shall not affect the punishment for an offence committed before it comes into force.

(6)In this section—

  • enactment” includes an enactment contained in an Act passed after this Act; and

  • subordinate instrument” includes an instrument made after the passing of this Act.

Default in payment of fines etc.E+W

60 Periods of imprisonment for default.E+W

(1)In the [F18Table in] paragraph 1 of Schedule 4 to the M19Magistrates’ Courts Act 1980, for the entries relating to amounts not exceeding £10,000 there shall be substituted—

An amount not exceeding £505 days
An amount exceeding £50 but not exceeding £1007 days
An amount exceeding £100 but not exceeding £40014 days
An amount exceeding £400 but not exceeding £1,00030 days
An amount exceeding £1,000 but not exceeding £2,00045 days
An amount exceeding £2,000 but not exceeding £5,0003 months
An amount exceeding £5,000 but not exceeding £10,0006 months.

F19(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18Words in s. 60(1) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 104

Marginal Citations

61 Default – procedure.E+W

(1)The M20Magistrates’ Courts Act 1980 shall be amended as follows.

(2)The following subsections shall be added after section 77(2)—

(3)A magistrates’ court shall have power at any time to do either or both of the following—

(a)to direct that the issue of the warrant of commitment shall be postponed until a time different from that to which it was previously postponed;

(b)to vary any of the conditions on which its issue is postponed,

but only if it thinks it just to do so having regard to a change of circumstances since the relevant time.

(4)In this section “the relevant time” means—

(a)where neither of the powers conferred by subsection (3) above has been exercised previously, the date when the issue of the warrant was postponed under subsection (2) above; and

(b)in any other case, the date of the exercise or latest exercise of either or both of the powers.

(5)Without prejudice to the generality of subsection (3) above, if on an application by a person in respect of whom issue of a warrant has been postponed it appears to a justice of the peace acting for the petty sessions area in which the warrant has been or would have been issued that since the relevant time there has been a change of circumstances which would make it just for the court to exercise one or other or both of the powers conferred by that subsection, he shall refer the application to the court.

(6)Where such an application is referred to the court, it shall be the duty of the clerk of the court—

(a)to fix a time and place for the application to be heard; and

(b)to give the applicant notice of the time and place which he fixes.

(7)Where such a notice has been given but the applicant does not appear at the time and place specified in the notice, the court may proceed with the consideration of the application in his absence.

(8)If a warrant of commitment in respect of the sum adjudged to be paid has been issued before the hearing of the application, the court shall have power to order that the warrant shall cease to have effect and, if the applicant has been arrested in pursuance of it, to order that he shall be released, but it shall only make an order under this subsection if it is satisfied that the change of circumstances on which the applicant relies was not put before the court when it was determining whether to issue the warrant..

(3)The following subsection shall be inserted after subsection (4) of section 82 (restriction on power to impose imprisonment for default)—

(4A)The methods of enforcing payment mentioned in subsection (4)(b)(ii) above are—

(a)a warrant of distress under section 76 above;

(b)an application to the High Court or county court for enforcement under section 87 below;

(c)an order under section 88 below;

(d)an attachment of earnings order; and

(e)if the offender is under the age of 21, an order under section 17 of the Criminal Justice Act 1982 (attendance centre orders)..

(4)The following subsections shall be inserted after subsection (5) of that section—

(5A)A magistrates’ court may not issue a warrant of commitment under subsection (5) above at a hearing at which the offender is not present unless the clerk of the court has first served on the offender a notice in writing stating that the court intends to hold a hearing to consider whether to issue such a warrant and giving the reason why the court so intends.

(5B)Where after the occasion of an offender’s conviction by a magistrates’ court the court holds a hearing for the purpose of considering whether to issue a warrant of commitment for default in paying a sum adjudged to be paid by the conviction, it shall consider such information about the offender’s means as is available to it unless it has previously—

(a)inquired into the offender’s means; and

(b)postponed the issue of the warrant of commitment under section 77(2) above.

(5C)A notice under subsection (5A) above—

(a)shall state the time and place appointed for the hearing; and

(b)shall inform the offender that, if he considers that there are grounds why the warrant should not be issued, he may make representations to the court in person or in writing,

but the court may exercise its powers in relation to the issue of a warrant whether or not he makes representations.

(5D)Except as mentioned in subsection (5E) below, the time stated in a notice under subsection (5A) above shall not be earlier than 21 days after the issue of the notice.

(5E)Where a magistrates’ court exercises in relation to an offender the power conferred by section 77(2) above and at the same hearing issues a notice under subsection (5A) above in relation to him, the time stated in the notice may be a time on any day following the end of the period for which the issue of the warrant of commitment has been postponed.

(5F)A notice under subsection (5A) above to be served on any person shall be deemed to be served on that person if it is sent by registered post or the recorded delivery service addressed to him at his last known address, notwithstanding that the notice is returned as undelivered or is for any other reason not received by that person..

(5)The following section shall be substituted for section 85—

85 Power to remit fine.

(1)Where a fine has been imposed on conviction of an offender by a magistrates’ court, the court may at any time remit the whole or any part of the fine, but only if it thinks it just to do so having regard to a change of circumstances which has occurred—

(a)where the court is considering whether to issue a warrant of commitment after the issue of such a warrant in respect of the fine has been postponed under subsection (2) of section 77 above, since the relevant time as defined in subsection (4) of that section; and

(b)in any other case, since the date of the conviction.

(2)Where the court remits the whole or part of the fine after a term of imprisonment has been fixed, it shall also reduce the term by an amount which bears the same proportion to the whole term as the amount remitted bears to the whole or, as the case may be, shall remit the whole term.

(3)In calculating the reduction in a term of imprisonment required by subsection (2) above any fraction of a day shall be left out of account.

(4)Notwithstanding the definition of “fine” in section 150(1) below, references in this section to a fine do not include any other sum adjudged to be paid on conviction, whether as a pecuniary penalty, forfeiture, compensation or otherwise..

(6)In section 121(2) (magistrates’ court to consist of at least 2 justices when holding an inquiry into the means of an offender for the purposes of section 82) after the word “above" there shall be inserted the words “or determine under that section at a hearing at which the offender is not present whether to issue a warrant of commitment".

Marginal Citations

62 Fines on companies.E+W

(1)The following section shall be inserted after section 87 of the M21Magistrates’ Courts Act 1980—

87A Fines imposed on companies.

(1)Where—

(a)a magistrates’ court has, or is treated by any enactment as having, adjudged a company by a conviction to pay a sum; and

(b)the court has issued a warrant of distress under section 76(1) above for the purpose of levying the sum; and

(c)it appears on the return to the warrant that the money and goods of the company are insufficient to satisfy the sum with the costs and charges of levying the same,

the clerk of the court may make an application in relation to the company under section 9 or 124 of the Insolvency Act 1986 (administration or winding up).

(2)Any expenses incurred under subsection (1) above by the clerk of a magistrates’ court shall be treated for the purposes of Part VI of the Justices of the Peace Act 1979 as expenses of the magistrates’ courts committee..

(2)The words “ or by the clerk of a magistrates’ court in the exercise of the power conferred by section 87A of the Magistrates’ Courts Act 1980 (enforcement of fines imposed on companies) ” shall be inserted—

[F20(a)before the words “or by all" in section 9(1) of the Insolvency Act 1986;]

(b)after the word “contributories" in section 124(1) of that Act.

Textual Amendments

Marginal Citations

Fines and other pecuniary penalties—miscellaneousE+W+S

63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21E+W+S

64 Increase of maximum fine under s.32 of the Game Act 1831.E+W

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2365. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

66 Fisheries offences on River Tweed.E+W

(1)Section 38 of the M22Fisheries Act 1981 (which applied certain enactments to so much of the River Tweed as is situated outwith Scotland as if it were situated in Scotland) shall be deemed not to have been excluded from the operation of section 38(1) of the M23Criminal Justice Act 1982 (general increase of fines for summary offences) by paragraph (c) of that subsection (exclusion of offences where fine or maximum fine altered since 29th July 1977).

(2)Nothing in this section shall affect the punishment for an offence committed before this section comes into force.

Marginal Citations

67 Fines imposed and recognizances forfeited by coroners.E+W

(1)A fine imposed by a coroner, including a fine so imposed before this section comes into force, shall be treated for the purpose of its collection, enforcement and remission as having been imposed by the magistrates’ court for the area in which the coroner’s court was held, and the coroner shall as soon as practicable after imposing the fine give particulars of the fine to the [F24designated officer for] that court.

(2)A coroner shall proceed in the like manner under subsection (1) above in relation to a recognizance forfeited at an inquest held before him, including a recognizance so forfeited before this section comes into force, as if he had imposed a fine upon the person forfeiting that recognizance, and subsection (1) above shall apply accordingly.

Textual Amendments

68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25E+W

ForfeitureE+W

F2669. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

70 Forfeiture for drug offences.E+W

In section 27(1) of the M24Misuse of Drugs Act 1971 (forfeiture on conviction of an offence under that Act) after the words “under this Act" there shall be inserted the words “or a drug trafficking offence, as defined in section 38(1) of the M25Drug Trafficking Offences Act 1986".

Marginal Citations

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