The Fines and Penalties (Northern Ireland) Order 1984

Offences punishable on conviction on indictment or on summary conviction N.I.

Fines on summary conviction N.I.

4.—(1) For any offence punishable on conviction on indictment or on summary conviction being an offence under a relevant provision, the maximum fine which may be imposed on summary conviction shall by virtue of this paragraph be the prescribed sum unless the offence is one for which by virtue of a statutory provision other than this paragraph a larger fine may be imposed on summary conviction.

(2) In [1981 NI 26] the Magistrates' Courts (Northern Ireland) Order 1981—

(a) in Article 46(4) (maximum fine on summary conviction of an indictable offence tried summarily) for “£1,000” there shall be substituted the words “ the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order 1984 ”;

(b) in Article 54 (fine in lieu of imprisonment)—

(i) in paragraph (1) for the words “a summary offence” there shall be substituted the words “ an offence ”;

(ii) for the words “not exceeding £200” there shall be substituted the words—

“which—

(a) for an offence punishable on conviction on indictment or on summary conviction, shall not exceed the prescribed sum within the meaning of Article 4 of the Fines and Penalties (Northern Ireland) Order 1984; and

(b) for an offence punishable on summary conviction only, shall—

(i) not exceed £200; and

(ii) not be of such an amount as would subject the offender, in default of payment of fine, to a longer term of imprisonment or detention than the term to which he is liable on conviction of the offence”;

(iii) paragraph (2) shall be omitted.

(3) Where, by virtue of any relevant provision, a person summarily convicted of an offence punishable on conviction on indictment or on summary conviction would, apart from this Article, be liable to 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, paragraph (1) shall apply irrespective of whether the conviction is a first, second or subsequent one.

(4) Paragraph (1) shall not affect so much of any relevant provision as (in whatever words) makes a person liable on summary conviction to a fine of a specified amount or to a fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued.

(5) Where, as regards any offence punishable on conviction on indictment or on summary conviction, there is under any statutory provision (however framed or worded) a power by instrument to restrict the amount of the fine which on summary conviction can be imposed in respect of that offence—

(a) paragraph (1) shall not affect that power or override any restriction imposed in exercise of that power; and

(b) the amount to which that fine may be restricted in exercise of that power shall be any amount less than the maximum fine which could be imposed on summary conviction in respect of the offence apart from any restriction so imposed.

Para.(6) rep. by 1994 NI 15

(7) Where any relevant provision provides that the maximum fine which may be imposed on summary conviction shall not exceed the statutory maximum, statutory maximum shall be construed as referring to the prescribed sum within the meaning of this Article;F1 . . .

(8) In this Article—

• “the prescribed sum” means[F1 £5,000] or such sum as is for the time being substituted in this definition by an order under Article 17;

• “relevant provision” means a provision contained in—

  (a)

  an Act of the Parliament of the United Kingdom;

  (b)

  an Act of the Parliament of Ireland;

  (c)

  an Act of the Parliament of Northern Ireland;

  (d)

  an Order in Council under section 1(3) of the [1972 c. 22] Northern Ireland (Temporary Provisions) Act 1972; or

  (e)

  an Order in Council under Schedule 1 to the [1974 c. 28] Northern Ireland Act 1974;

  being such an Act or Order passed or made—

  (i)

  before this Order is made; or

  (ii)

  in the case of an Act, in the same Session of Parliament; or

  (iii)

  in the case of an Order, in the same calendar year.

(9) Schedule 1 shall have effect for the purpose of altering the penalties available on summary conviction of certain offences under the [1971 c. 38] Misuse of Drugs Act 1971 punishable on conviction on indictment or on summary conviction and paragraph (1) shall not apply on summary conviction of any of the offences under that Act of 1971 mentioned in paragraph 2 of that Schedule.

F1 1994 NI 15