Prosecution and penalties

Penalties
11
1
An individual guilty of an offence under section 1, 2 or 6 is liable—
a
on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both,
b
on conviction on indictment, to imprisonment for a term not exceeding 10 years, or to a fine, or to both.
1A
In the application of this section in England and Wales, the reference in subsection (1)(a) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).
2
Any other person guilty of an offence under section 1, 2 or 6 is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum,
b
on conviction on indictment, to a fine.
3
A person guilty of an offence under section 7 is liable on conviction on indictment to a fine.
4
The reference in subsection (1)(a) to 12 months is to be read—
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in its application to Northern Ireland,
as a reference to 6 months.
S. 11(1A) inserted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 22(2)
S. 11(4)(a) omitted (7.2.2023 at 12.00 p.m.) by virtue of The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 22(3)