Animal Health Act 1981

76 Certain importation offences triable either summarily or on indictment. E+W+S

(1) Where—

(a) an offence against this Act which is declared to be such by an order under section 10 above, and

(b) that order is expressed to be made for the purpose of preventing the introduction of rabies into Great Britain,

that offence may be tried either summarily or on indictment.

(2) For an offence triable under subsection (1) above a person shall be liable—

(a) on summary conviction to a fine not exceeding the statutory maximum;

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 12 months or to both.

(3) Where an order under section 10 declares that this subsection applies to an offence which consists of—

(a) a contravention of, or failure to comply with, any provision of that order, or

(b) a failure to observe any conditions to which a licence issued in accordance with that order is subject,

that offence may be tried either summarily or on indictment, and a person convicted of such an offence shall be liable as provided in paragraphs (a) and (b) of subsection (2) above.

(4) In this section “the statutory maximum”, in relation to a fine on summary conviction, means—

(a) in England and Wales, the prescribed sum within the meaning of section 32 of the M1 Magistrates’ Courts Act 1980 (at the passing of this Act £1000);

(b) in Scotland, the prescribed sum within the meaning of section 289B of the M2 Criminal Procedure (Scotland) Act 1975 (at the passing of this Act £1000).

Until the coming into force of the Magistrates’ Courts Act 1980 any reference in this subsection to any provision of that Act shall have effect as if it were a reference to the corresponding provision of the M3 Criminal Law Act 1977.

Modifications etc. (not altering text)

C1 S. 76(3) applied by S.I. 1986/2265, arts. 11, 12

Marginal Citations

M1 1980 c. 43.

M2 1975 c. 21.

M3 1977 c. 45.