Abolition of enhanced penalties for offences punishable on summary conviction only
Enhanced penalties under instruments10
1
This Article applies where a relevant provision (however framed or worded) confers power by instrument to authorise with respect to an offence punishable on summary conviction only (whether or not created by the instrument)—
a
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 relevant provision shall have effect as if it conferred power by instrument to authorise with respect to any such offence—
a
a fine or, as the case may be, a maximum fine of an amount not exceeding the greatest amount;
b
imprisonment for a term not exceeding the longest or only term, which could have been authorised before this Article came into force.
3
In this Article “relevant provision” has the same meaning as in Article 9.