C1Part 12Sentencing
Chapter 8Other provisions about sentencing
Alteration of penalties for offences
283Enabling powers: power to alter maximum penalties
1
The Secretary of State may by order, in accordance with subsection (2) or (3), 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;
b
as regards an offence triable either way, liable on summary conviction to a term of imprisonment.
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.
3
An order made by virtue of paragraph (b) of that subsection may amend the relevant enactment in question so as to increase the maximum term of imprisonment to which a person may be made liable on summary conviction of an offence under the power to 12 months.
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.
Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3
Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4