11

Regulations under this section creating a criminal offence may not provide for—

a

imprisonment for a term exceeding the maximum term for summary offences, on summary conviction for an offence triable summarily only,

b

imprisonment for a term exceeding the general limit in a magistrates’ court, on summary conviction for an offence triable either way, or

c

imprisonment for a term exceeding 2 years, on conviction on indictment.

12

In subsection (11)(a), “the maximum term for summary offences” means—

a

in relation to an offence committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;

b

in relation to an offence committed after that time, 51 weeks.