PART XISentencing

Fines

226Penalties: exceptionally high maximum fines

1

The Secretary of State may by order amend an enactment specifying a sum to which this subsection applies so as to substitute for that sum such other sum as appears to him—

a

to be justified by a change in the value of money appearing to him to have taken place since the last occasion on which the sum in question was fixed; or

b

to be appropriate to take account of an order altering the standard scale which has been made or is proposed to be made.

2

Subsection (1) above applies to any sum which—

a

is higher than level 5 on the standard scale; and

b

is specified as the fine or the maximum fine which may be imposed on conviction of an offence which is triable only summarily.

3

The Secretary of State may by order amend an enactment specifying a sum to which this subsection applies so as to substitute for that sum such other sum as appears to him—

a

to be justified by a change in the value of money appearing to him to have taken place since the last occasion on which the sum in question was fixed; or

b

to be appropriate to take account of an order made or proposed to be made altering the statutory maximum.

4

Subsection (3) above applies to any sum which—

a

is higher than the statutory maximum; and

b

is specified as the maximum fine which may be imposed on summary conviction of an offence triable either on indictment or summarily.

5

An order under this section—

a

shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and

b

shall not affect the punishment for an offence committed before that order comes into force.

6

In this section “enactment” includes an enactment contained in an Act or subordinate instrument passed or made after the commencement of this Act.