Modifications etc. (not altering text)
C1Pt. II (ss. 282–457) extended with modifications by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), s. 60(5)
(1)Where an offence created by a relevant enactment may be tried either on indictment or summarily, the penalty or maximum penalty on summary conviction shall, to the extent that it included, immediately before the commencement of section 55 of the Criminal Justice Act 1982, a penalty or maximum penalty mentioned in column 1 of the Table below, be amended so as to substitute as a maximum penalty the corresponding penalty set forth in column 2 thereof (unless provision is expressly made by any enactment for a larger penalty or maximum penalty on summary conviction)—
| Column 1 | Column 2 |
|---|---|
| Penalty or maximum penalty at commencement of section 55 of Criminal Justice Act 1982 | New maximum penalty |
| 1. Fine (other than a fine specified in paragraph 3 below, or a fine in respect of each period of a specified length during which a continuing offence is committed). | 1. Fine not exceeding the prescribed sum. |
| 2. Imprisonment for a period exceeding 3 months. | 2. Imprisonment for a period not exceeding 3 months. |
| 3. Fine in respect of a specified quantity or number of things. | 3. Fine not exceeding the prescribed sum in respect of each such quantity or number. |
| 4. Fine exceeding £100 in respect of each period of a specified length during which a continuing offence is committed. | 4. Fine not exceeding £100 in respect of each such period. |
(2)Where, by virtue of a relevant enactment, a person summarily convicted of any offence to which subsection (1) above relates would, apart from this section, be liable to a fine or a 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, subsection (1) above shall apply irrespective of whether the conviction is a first, second or subsequent one.
(3)(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(5)Subsection (1) above is without prejudice to section 290 of this Act (6 months’ imprisonment competent for certain offences).
(6)In this section—
“the prescribed sum” means [F3£2,000] or such sum as is for the time being substituted in this definition by an order in force under section 289D(1) of this Act;
“relevant enactment” means an enactment contained in the M1Criminal Law Act 1977 or in any Act (including this Act) passed before, or in the same session as, that Act.
(7)[F4Section 289GA(1) of this Act] shall not affect so much of any enactment as (in whatever words) provides for a person to be made liable, on summary conviction, to a fine or a maximum fine for each period of a specified length during which a continuing offence is committed.
(8)Where an enactment to which [F5section 289GA(1) of this Act] applies provides for a person to be made liable to a penalty or maximum penalty on summary conviction of an offence triable either on indictment or summarily which includes a fine or a maximum fine in respect of a specified quantity or a specified number of things, that subsection shall apply to that fine or maximum fine.
(9)Schedule 7B to this Act shall have effect for the purpose of altering the penalties or maximum penalties available on summary conviction of the offences therein mentioned; and subsection (1) above shall not apply on summary conviction of any of the offences mentioned in paragraph 1(2) of the said Schedule 7B.]
Textual Amendments
F1S. 289B substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 55(2)
F2S. 289B(3)(4) repealed by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 70(2), Sch. 2
F3Words substituted by S.I. 1984/526, art. 3
F4Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 4 para. 2, Sch. 6 para. 1
F5Words substituted by S.I. 1988/110, rule 10(2)(a)
Marginal Citations
M11977 c. 45(39:1).