2(1)A provision of an Assembly Measure cannot create, or confer power by subordinate legislation to create, any criminal offence punishable—U.K.
(a)on summary conviction, with imprisonment for a period exceeding the prescribed term or with a fine exceeding the amount specified as level 5 on the standard scale, or
(b)on conviction on indictment, with a period of imprisonment exceeding two years.
(2)In sub-paragraph (1) “the prescribed term” means—
(a)where the offence is a summary offence, 51 weeks, and
(b)where the offence is triable either way, twelve months.