Criminal Proceedings etc. (Reform) (Scotland) Act 2007

Criminal Proceedings etc. (Reform) (Scotland) Act 2007

2007 asp 6

Introduction

Part 3 – Penalties

Sentencing powers

Section 46: JP court: power to increase penalties

260. This section gives powers to the Scottish Ministers to amend the maximum penalties available to the JP court. Ministers will be able to make similar changes which would apply to any remaining district courts by virtue of section 64(5) of the Act.

261. Subsection (1) empowers Ministers to amend, by order, the maximum period of imprisonment, fine, or amount of caution available to JP courts for either common law offences or statutory offences, as specified in section 7(6) or (7) of the 1995 Act.

262. Subsection (2) empowers Ministers to amend the maximum penalty available to JP courts in respect of an offence set out in another statute.

263. Subsection (3) caps these powers. The effect of subsection (3) is that an order could empower the JP court to impose imprisonment for up to 6 months (but could also increase the limit to a period that is higher than the current maximum of 60 days but lower than 6 months).