Serious Organised Crime and Police Act 2005 Explanatory Notes

Section 147: Penalty for offences under sections 145 and 146

378.Subsection (1) sets out the penalties on conviction for the new offences. A trial may take place either in a magistrates’ court or in a Crown Court. If a person is found guilty by a magistrates’ court, the maximum sentence is 51 weeks imprisonment, or a fine equal to statutory maximum (currently £5,000), or both. If a person is found guilty in a Crown Court, the maximum sentence is 5 years’ imprisonment, an unlimited fine, or both.

379.Subsection (2) provides that prosecutions can only be instituted by or with the consent of the Director of Public Prosecutions.

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