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Criminal Justice Act 1991

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This is the original version (as it was originally enacted).

26Alteration of certain penalties

(1)In section 7 of the [1968 c. 60.] Theft Act 1968 (theft), for the words “ten years” there shall be substituted the words “seven years”.

(2)For subsections (3) and (4) of section 9 of that Act (burglary) there shall be substituted the following subsections—

(3)A person guilty of burglary shall on conviction on indictment be liable to imprisonment for a term not exceeding—

(a)where the offence was committed in respect of a building or part of a building which is a dwelling, fourteen years;

(b)in any other case, ten years.

(4)References in subsections (1) and (2) above to a building, and the reference in subsection (3) above to a building which is a dwelling, shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is.

(3)In section 10(2) of the [1973 c. 57.] Badgers Act 1973 (enforcement, penalties etc.), for the words preceding the proviso there shall be substituted the following—

(2)Any person guilty of an offence under this Act shall be liable on summary conviction—

(a)in the case of an offence under section 1 or 2, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both;

(b)in the case of an offence under section 3 or 4, to a fine not exceeding that level; and

(c)in the case of an offence under section 5, to a fine not exceeding level 3 on that scale;and in the proviso for the words “paragraph (b)” there shall be substituted the words “paragraph (a) or (b)”.

(4)In section 51(4) of the [1977 c. 45.] Criminal Law Act 1977 (penalties for bomb hoaxes)—

(a)in paragraph (a), for the words “three months” there shall be substituted the words “six months”; and

(b)in paragraph (b), for the words “five years” there shall be substituted the words “seven years”.

(5)The power saved by subsection (1) of section 70 of the 1982 Act (vagrancy offences) shall not include, in the case of an offence mentioned in paragraph (b)(i) of that subsection (sleeping rough), power to impose a fine which exceeds level 1 on the standard scale.

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