Part 8Financial sanctions

Enhanced maximum penalties

145Other offences: maximum term of imprisonment

(1)

Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (freezing orders) is amended in accordance with subsections (2) and (3).

(2)

In paragraph 7 (offences), for sub-paragraph (6)(a) and (b) substitute—

“(a)

on summary conviction—

(i)

in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, 6 months) or to a fine, or to both;

(ii)

in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both;

(iii)

in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both.”

(3)

In that paragraph, in sub-paragraph (7), for the words from “on summary conviction” to the end of the sub-paragraph substitute“—

(a)

on summary conviction—

(i)

in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, 6 months) or to a fine, or to both;

(ii)

in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both;

(iii)

in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.”

(4)

Schedule 7 to the Counter-Terrorism Act 2008 (terrorist financing and money laundering) is amended in accordance with subsections (5) to (9).

(5)

In paragraph 30 (offence of failure to comply with requirement imposed by direction), after sub-paragraph (4) insert—

“(4A)

In a case where a person is guilty of an offence under this paragraph by failing to comply with a requirement of a kind mentioned in paragraph 13, the person is liable—

(a)

on summary conviction—

(i)

in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, 6 months) or to a fine, or to both;

(ii)

in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both;

(iii)

in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both.”

(6)

In sub-paragraph (5) of that paragraph, at the beginning insert “ In any other case, ”.

(7)

In paragraph 30A (offence of relevant person circumventing requirements), after sub-paragraph (1) insert—

“(1A)

In a case where a person is guilty of an offence under this paragraph in relation to a requirement of a kind mentioned in paragraph 13, the person is liable—

(a)

on summary conviction—

(i)

in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, 6 months) or to a fine, or to both;

(ii)

in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both;

(iii)

in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both.”

(8)

In sub-paragraph (2) of that paragraph, at the beginning insert “ In any other case, ”.

(9)

In paragraph 31 (offences in connection with licences), in sub-paragraph (2), for the words from “on conviction on indictment” to the end of the sub-paragraph substitute“—

(a)

on summary conviction—

(i)

in England and Wales, to imprisonment for a term not exceeding 12 months (or, in relation to offences committed before section 154(1) of the Criminal Justice Act 2003 comes into force, 6 months) or to a fine, or to both;

(ii)

in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both;

(iii)

in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.”

(10)

The amendments made by this section do not affect the penalty for an offence if any act or other event proof of which is required for conviction of the offence takes place before this section comes into force.