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.