Criminal Justice Act 1982

35 Abolition of enhanced penalties on subsequent conviction of summary offences under Acts of Parliament. E+W

(1) Subject to subsection (3) below, this section applies where under an Act a person convicted of a summary offence—

(a) is liable to a fine or 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; or

(b) is liable to imprisonment for a longer term in the case of a second or subsequent conviction; or

(c) is only liable to imprisonment in the case of a second or subsequent conviction.

(2) Where this section applies, a person guilty of such an offence shall be liable on summary conviction—

(a) to a fine or, as the case may be, a maximum fine of an amount not exceeding the greatest amount;

(b) to imprisonment for a term not exceeding the longest or only term,

to which he would have been liable before this section came into force if his conviction had satisfied the conditions required for the imposition of a fine or maximum fine of that amount or imprisonment for that term.

(3) This section does not apply to offences under—

(a) section 33 to 36 of the M1 Sexual Offences Act 1956 (brothel-keeping and prostitution); or

(b) section 1(2) of the M2 Street Offences Act 1959 (loitering and soliciting for the purpose of prostitution).

Marginal Citations

M1 1956 c. 69.

M2 1959 c. 57.