Part III C1C2 Fixed Penalties

Annotations:
Modifications etc. (not altering text)
C1

Pt. III (ss. 51–90) amended by (E.W.) S.I. 1990/335, art. 2(1) and (S.) S.I. 1990/466, art. 2(1)

Pt. III (ss. 51-90) amended (1.8.1999) by S.I. 1999/1851, art. 2(1)

C2

Definition in Pt. III (ss. 51-90) applied (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 18(7)(b), 101(1) (with Sch. 12 para. 6); S.I. 1992/333, art. 2(2), Sch.2

Introductory

F153Amount of fixed penalty.

1

The fixed penalty for an offence isβ€”

a

such amount as the Secretary of State may by order prescribe, or

b

one half of the maximum amount of the fine to which a person committing that offence would be liable on summary conviction,

whichever is the less.

F22

Any order made under subsection (1)(a) above in relation to an offence may make provision for the fixed penalty for the offence to be different depending on the circumstances, including (in particular)β€”

a

the nature of the contravention or failure constituting the offence,

b

how serious it is,

c

the area, or sort of place, where it takes place, and

d

whether the offender appears to have committed any offence or offences of a description specified in the order during a period so specified.