Offences and civil sanctions

Penalties for offences under this Act
53
1
A person who commits an offence under a provision of this Act, other than section 24(8), section 32(9), section 33(8), section 40(2) or (3), section 41(5), section 42(5), section 66(5) or Schedule 4, is liable—
a
on summary conviction in England and Wales, to a fine;
b
on summary conviction in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum;
c
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).
2
A person who commits an offence under section 32(9), section 33(8) or section 40(3) is liable—
a
on summary conviction in England and Wales, to a fine;
b
on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.
3
A person who commits an offence under section 40(2) is liable—
a
on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine (or both);
b
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale (or both);
c
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale (or both).
4
A person who commits an offence under section 41(5), section 66(5) or paragraph 5 or 6(2) of Schedule 4 is liable—
a
on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
b
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
c
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both);
d
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).
5
A person who commits an offence under section 42(5) or paragraph 9(5) of Schedule 9 is liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.
6
A person who commits an offence under paragraph 1, 2, 3 or 4 of Schedule 4 is liable, on conviction on indictment, to imprisonment for life.
7
In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (3)(a) to 51 weeks is to be read as a reference to six months.
8
In relation to an offence committed before 2 May 2022, the reference in subsection (4)(a) to the general limit in a magistrates’ court is to be read as a reference to six months.
S. 53 in force at 29.7.2021 by S.I. 2021/817, reg. 2, Sch. para. 92 (with reg. 3)
Words in s. 53(8) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
Words in s. 53(8) substituted (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), 2(1), Sch. Pt. 1
Words in s. 53(4)(a) substituted (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), 2(1), Sch. Pt. 1