Criminal Procedure (Scotland) Act 1975

[F1 SCHEDULE 7B] S Alteration of Penalties on Summary Conviction of Certain Offences

Textual Amendments

F1 Sch. 7B inserted by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 11 para. 12

Modifications etc. (not altering text)

C1 Schedule 7B saved retrospectively by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 56

1 (1) The M1 Misuse of Drugs Act 1971 shall be amended as follows— S

(a) . . . F2

(b) in the entries in Schedule 4 showing the punishment that may be imposed on persons summarily convicted of offences mentioned in subparagraph (2)(b) below, for “6 months or £200, or both” there shall be substituted “3 months or [F3 level 4 on the standard scale] or both”; and

(c) in the entry in Schedule 4 relating to section 5(2)—

(i) for “6 months or £400, or both” (being the maximum punishment on summary conviction of an offence under that section where a Class B drug was involved) there shall be substituted “3 months or [F3 level 4 on the standard scale], or both”; and

(ii) for “6 months or £200, or both” (being the maximum punishment on summary conviction of such an offence where a Class C drug was involved) there shall be substituted “3 months or [F3 level 3 on the standard scale], or both”.

(2) The offences to which (as provided in section 289B(7) above) section 289B(1) above does not apply are—

(a) offences under section 5(2) of the Misuse of Drugs Act 1971 (having possession of a controlled drug) where the controlled drug in relation to which the offence was committed was a Class B or Class C drug;

(b) offences under the following provisions of that Act, where the controlled drug in relation to which the offence was committed was a Class C drug, namely—

(i) section 4(2) (production, or being concerned in the production, of a controlled drug);

(ii) section 4(3) (supplying or offering a controlled drug or being concerned in the doing of either activity by another);

(iii) section 5(3) (having possession of a controlled drug with intent to supply it to another);

(iv) section 8 (being the occupier, or concerned in the management, of premises and permitting or suffering certain activities to take place there);

(v) section 12(6) (contravention of direction prohibiting practitioner etc. from possessing, supplying etc. controlled drugs); or

(vi) section 13(3) (contravention of direction prohibiting practitioner etc. from prescribing, supplying etc. controlled drugs);

(c) . . . F4

(3) In this paragraph “controlled drug”, “Class B drug” and “Class C drug” have the same meaning as in the M2 Misuse of Drugs Act 1971.

Textual Amendments

F2 Para. 1(1)(a) repealed by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 8

F3 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and (N.I.) 1984/703, (N.I. 13), art. 5

F4 Para. 1(2)(c) repealed by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 8

Marginal Citations

M1 1971 c. 38(84).

M2 1971 c. 38(84).

2 S In Schedule 4 to the M3 Road Traffic Act 1972 (prosecution and punishment of offences), in the entries relating to section 2 (reckless driving) and section 99(b) (driving while disqualified), for the punishment specified in column 4 in relation to an offence punishable summarily there shall in each case be substituted the words “6 months or the prescribed sum (within the meaning of section 28 of the M4 Criminal Law Act 1977 or, in Scotland, of section 289B of the M5 Criminal Procedure (Scotland) Act 1975) or both.”

Marginal Citations

M3 1972 c. 20(107:1).

M4 1977 c. 45(39:1)

M5 1975 c. 21(39:1).