SCHEDULES

[F1SCHEDULE 3AE+W+SOFFENCES: MODE OF TRIAL AND MAXIMUM PENALTY

Textual Amendments

Modifications etc. (not altering text)

C1Sch. 3A applied (with modifications) (E.W.S.) (1.10.2014) by The Explosives Regulations 2014 (S.I. 2014/1638), reg. 1(1), Sch. 12 paras. 2, 3

1U.K.The mode of trial and maximum penalty applicable to each offence listed in the first column of the following table are as set out opposite that offence in the subsequent columns of the table.

OffenceMode of trialPenalty on summary convictionPenalty on conviction on indictment
An offence under section 33(1)(a) consisting of a failure to discharge a duty to which a person is subject by virtue of sections 2 to 6.Summarily or on indictment.Imprisonment for a term not exceeding 12 months, or a [F2fine not exceeding £20,000][F2fine], or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(a) consisting of a failure to discharge a duty to which a person is subject by virtue of section 7.Summarily or on indictment.Imprisonment for a term not exceeding 12 months, or a [F3fine not exceeding the statutory maximum][F3fine], or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(b) consisting of a contravention of section 8.Summarily or on indictment.Imprisonment for a term not exceeding 12 months, or a [F2fine not exceeding £20,000][F2fine], or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(b) consisting of a contravention of section 9.Summarily or on indictment.A [F2fine not exceeding £20,000][F2fine].A fine.
An offence under section 33(1)(c).Summarily or on indictment.Imprisonment for a term not exceeding 12 months, or a [F2fine not exceeding £20,000][F2fine], or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(d).Summarily only.A [F4fine not exceeding level 5 on the standard scale][F4fine].
An offence under section 33(1)(e), (f) or (g).Summarily or on indictment.Imprisonment for a term not exceeding 12 months, or a [F2fine not exceeding £20,000][F2fine], or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(h).Summarily only.Imprisonment for a term not exceeding 51 weeks (in England and Wales) or 12 months (in Scotland), or a [F4fine not exceeding level 5 on the standard scale][F4fine], or both.
An offence under section 33(1)(i).Summarily or on indictment.A [F3fine not exceeding the statutory maximum][F3fine].A fine.
An offence under section 33(1)(j).Summarily or on indictment.Imprisonment for a term not exceeding 12 months, or a [F3fine not exceeding the statutory maximum][F3fine], or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(k), (l) or (m).Summarily or on indictment.Imprisonment for a term not exceeding 12 months, or a [F2fine not exceeding £20,000][F2fine], or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(n).Summarily only.A [F4fine not exceeding level 5 on the standard scale][F4fine].
An offence under section 33(1)(o).Summarily or on indictment.Imprisonment for a term not exceeding 12 months, or a [F2fine not exceeding £20,000][F2fine], or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under the existing statutory provisions for which no other penalty is specified.Summarily or on indictment.Imprisonment for a term not exceeding 12 months, or a [F2fine not exceeding £20,000][F2fine], or both.Imprisonment for a term not exceeding two years, or a fine, or both.]

Textual Amendments