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Legal Aid, Sentencing and Punishment of Offenders Act 2012

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This is the original version (as it was originally enacted).

86Power to increase certain other fines on conviction by magistrates’ court
This section has no associated Explanatory Notes

(1)Subsection (2) applies in relation to a relevant offence which, immediately before the commencement day, is punishable on summary conviction by a fine or maximum fine of a fixed amount of less than £5,000.

(2)The Secretary of State may by regulations make provision for the offence to be punishable on summary conviction by a fine or maximum fine of an amount specified or described in the regulations.

(3)Subsection (4) applies in relation to a relevant power which, immediately before the commencement day, can be exercised to create an offence punishable on summary conviction by a fine or maximum fine of a fixed amount of less than £5,000 but not to create an offence so punishable by a fine or maximum fine of a fixed amount of £5,000 or more.

(4)The Secretary of State may by regulations make provision for the power to be exercisable to create an offence punishable on summary conviction by a fine or maximum fine of an amount specified or described in the regulations.

(5)Regulations under this section may not specify or describe an amount exceeding whichever is the greater of—

(a)£5,000, or

(b)the sum specified for the time being as level 4 on the standard scale.

(6)Regulations under this section may not include provision affecting—

(a)fines for offences committed before the regulations come into force,

(b)the operation of restrictions on fines that may be imposed on a person aged under 18, or

(c)fines that may be imposed on a person convicted by a magistrates’ court who is to be sentenced as if convicted on indictment,

and provision made in exercise of a relevant power in reliance on regulations under subsection (4) may not include such provision.

(7)Regulations under this section—

(a)may make different provision for different cases or circumstances,

(b)may make provision generally or only for specified cases or circumstances, and

(c)may make consequential, incidental, supplementary, transitional, transitory or saving provision.

(8)Regulations under this section may amend, repeal, revoke or otherwise modify any provision which, immediately before the commencement day, is contained in an Act or an instrument made under an Act (whether or not the provision is in force at that time).

(9)Regulations under this section are to be made by statutory instrument.

(10)A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(11)If, immediately before the commencement day, the sum specified as level 5 on the standard scale in section 37(2) of the Criminal Justice Act 1982 (standard scale of fines for summary offences) is greater than £5,000, the references in this section to £5,000 have effect as if they were references to that sum.

(12)Powers under this section—

(a)may be exercised from time to time, and

(b)are without prejudice to other powers to modify fines for relevant offences or fines that may be specified or described when exercising a relevant power.

(13)In this section “Act”, “the commencement day”, “relevant offence” and “relevant power”, and references to a provision contained in an Act or instrument, have the same meaning as in section 85.

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