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Criminal Justice Act 2003

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Changes over time for: Section 283

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Changes to legislation:

Criminal Justice Act 2003, Section 283 is up to date with all changes known to be in force on or before 28 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

283Enabling powers: power to alter maximum penaltiesE+W
This section has no associated Explanatory Notes

(1)The Secretary of State may by order, in accordance with subsection (2) F1..., amend any relevant enactment which confers a power (however framed or worded) by subordinate legislation to make a person—

(a)as regards a summary offence, liable on conviction to a term of imprisonment;

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)An order made by virtue of paragraph (a) of subsection (1) may amend the relevant enactment in question so as to—

(a)restrict the power so that a person may no longer be made liable on conviction of a summary offence to a term of imprisonment, or

(b)increase to 51 weeks the maximum term of imprisonment to which a person may be made liable on conviction of a summary offence under the power.

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Schedule 27 (which amends the maximum penalties which may be imposed by virtue of certain enabling powers) shall have effect.

(5)The power conferred by subsection (1) shall not apply to the enactments amended under Schedule 27.

(6)An order under subsection (1) may make such supplementary, incidental or consequential provision as the Secretary of State considers necessary or expedient, including provision amending any relevant enactment.

(7)None of the following—

(a)an order under subsection (1), or

(b)Schedule 27,

affects the penalty for any offence committed before the commencement of that order or Schedule (as the case may be).

(8)In subsection (1) “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

(9)In this section “relevant enactment” means any enactment contained in an Act passed before or in the same Session as this Act.

Textual Amendments

Commencement Information

I1S. 283(4)(7) in force at 2.5.2022 for specified purposes by S.I. 2022/500, reg. 3(b)(ii)

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