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(1) In section 12 of the [1968 c. 60.] Theft Act 1968 (taking motor vehicle or other conveyance without authority etc.)—
(a) in subsection (2), for the words “on conviction on indictment be liable to imprisonment for a term not exceeding three years.” there shall be substituted the words “be liable on summary conviction to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both.”; and
(b) at the end of subsection (4) there shall be added the words “and if he is found guilty of it, he shall be liable as he would have been liable under subsection (2) above on summary conviction.”.
(2) In Schedule 4 to the [1972 c. 20.] Road Traffic Act 1972 (prosecution and punishment of offences) as it applies in England and Wales, the following shall be substituted for columns 3 and 4 of the entry relating to offences under section 99(b) (driving while disqualified)—
| “Summarily | 6 months or level 5 on the standard scale or both. |
.”
(1) In subsection (1) of section 22 of the [1980 c. 43.] Magistrates' Courts Act 1980 (under which, where an offence of or related to criminal damage is charged and it appears to a magistrates' court clear that the value involved does not exceed the relevant sum, the court is required to proceed as if the offence charged were triable only summarily) in the second paragraph (which states the relevant sum) for “£400” there shall be substituted “£2,000”.
(2) Subsection (1) above does not apply to an offence charged in respect of an act done before this section comes into force.
(3) The following subsection shall be inserted after subsection (10) of that section—
“(11) Where—
(a) the accused is charged on the same occasion with two or more scheduled offences and it appears to the court that they constitute or form part of a series of two or more offences of the same or a similar character; or
(b) the offence charged consists in incitement to commit two or more scheduled offences,
this section shall have effect as if any reference in it to the value involved were a reference to the aggregate of the values involved.”.
(4) Subsection (3) above does not apply where any of the offences are charged in respect of acts done before this section comes into force.
Common assault and battery shall be summary offences and a person guilty of either of them shall be liable to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months, or to both.
(1) A count charging a person with a summary offence to which this section applies may be included in an indictment if the charge—
(a) is founded on the same facts or evidence as a count charging an indictable offence; or
(b) is part of a series of offences of the same or similar character as an indictable offence which is also charged,
but only if (in either case) the facts or evidence relating to the offence were disclosed in an examination or deposition taken before a justice in the presence of the person charged.
(2) Where a count charging an offence to which this section applies is included in an indictment, the offence shall be tried in the same manner as if it were an indictable offence; but the Crown Court may only deal with the offender in respect of it in a manner in which a magistrates' court could have dealt with him.
(3) The offences to which this section applies are—
(a) common assault;
(b) an offence under section 12(1) of the [1968 c. 60.] Theft Act 1968 (taking motor vehicle or other conveyance without authority etc.);
(c) an offence under section 99(b) of the [1972 c. 20.] Road Traffic Act 1972 (driving a motor vehicle while disqualified);
(d) an offence mentioned in the first column of Schedule 2 to the [1980 c. 43.] Magistrates' Courts Act 1980 (criminal damage etc.) which would otherwise be triable only summarily by virtue of section 22(2) of that Act; and
(e) any summary offence specified under subsection (4) below.
(4) The Secretary of State may by order made by statutory instrument specify for the purposes of this section any summary offence which is punishable with imprisonment or involves obligatory or discretionary disqualification from driving.
(5) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) Where a magistrates' court commits a person to the Crown Court for trial on indictment for an offence triable either way or a number of such offences, it may also commit him for trial for any summary offence with which he is charged and which—
(a) is punishable with imprisonment or involves obligatory or discretionary disqualification from driving; and
(b) arises out of circumstances which appear to the court to be the same as or connected with those giving rise to the offence, or one of the offences, triable either way,
whether or not evidence relating to that summary offence appears on the depositions or written statements in the case; and the trial of the information charging the summary offence shall then be treated as if the magistrates' court had adjourned it under section 10 of the [1980 c. 43.] Magistrates' Courts Act 1980 and had not fixed the time and place for its resumption.
(2) Where a magistrates' court commits a person to the Crown Court for trial on indictment for a number of offences triable either way and exercises the power conferred by subsection (1) above in respect of a summary offence, the magistrates' court shall give the Crown Court and the person who is committed for trial a notice stating which of the offences triable either way appears to the court to arise out of circumstances which are the same as or connected with those giving rise to the summary offence.
(3) A magistrates' court’s decision to exercise the power conferred by subsection (1) above shall not be subject to appeal or liable to be questioned in any court.
(4) The committal of a person under this section in respect of an offence to which section 40 above applies shall not preclude the exercise in relation to the offence of the power conferred by that section; but where he is tried on indictment for such an offence, the functions of the Crown Court under this section in relation to the offence shall cease.
(5) If he is convicted on the indictment, the Crown Court shall consider whether the conditions specified in subsection (1) above were satisfied.
(6) If it considers that they were satisfied, it shall state to him the substance of the summary offence and ask him whether he pleads guilty or not guilty.
(7) If he pleads guilty, the Crown Court shall convict him, but may deal with him in respect of that offence only in a manner in which a magistrates' court could have dealt with him.
(8) If he does not plead guilty, the powers of the Crown Court shall cease in respect of the offence except as provided by subsection (9) below.
(9) If the prosecution inform the Court that they would not desire to submit evidence on the charge relating to the summary offence, the Court shall dismiss it.
(10) The Crown Court shall inform the clerk of the magistrates' court of the outcome of any proceedings under this section.
(11) Where the Court of Appeal allows an appeal against conviction of an offence triable either way which arose out of circumstances which were the same as or connected with those giving rise to a summary offence of which the appellant was convicted under this section—
(a) it shall set aside his conviction of the summary offence and give the clerk of the magistrates' court notice that it has done so; and
(b) it may direct that no further proceedings in relation to the offence are to be undertaken;
and the proceedings before the Crown Court in relation to the offence shall thereafter be disregarded for all purposes.
(12) A notice under subsection (11) above shall include particulars of any direction given under paragraph (b) of that subsection in relation to the offence.
(13) The references to the clerk of the magistrates' court in this section are to be construed in accordance with section 141 of the [1980 c. 43.] Magistrates' Courts Act 1980.
(1) Section 56 of the [1967 c. 80.] Criminal Justice Act 1967 shall be amended as follows.
(2) In subsection (1), for the words “offence triable either way” there shall be substituted the words “indictable offence”.
(3) In subsection (2), for the words from “and sections 8(6)” to the end there shall be substituted the words “, section 8(6) of the [1973 c. 62.] Powers of Criminal Courts Act 1973 (probationer convicted of subsequent offence) and section 24(2) of that Act and paragraph 2(2)(a) of Schedule 9 to the [1977 c. 45.] Criminal Law Act 1977 (committal to be dealt with in respect of a wholly or partly suspended sentence)”.
(1) The [1968 c. 19.] Criminal Appeal Act 1968 shall be amended as follows.
(2) In section 7(1), the words “and do so only by reason of evidence received or available to be received by them under section 23 of this Act” shall cease to have effect.
(3) At the end of subsection (1) of section 8 there shall be added the words “but after the end of two months from the date of the order for his retrial he may not be arraigned on an indictment preferred in pursuance of such a direction unless the Court of Appeal give leave.”
(4) The following subsections shall be inserted after that subsection—
“(1A) Where a person has been ordered to be retried but may not be arraigned without leave, he may apply to the Court of Appeal to set aside the order for retrial and to direct the court of trial to enter a judgment and verdict of acquittal of the offence for which he was ordered to be retried.
(1B) On an application under subsection (1) or (1A) above the Court of Appeal shall have power—
(a) to grant leave to arraign; or
(b) to direct the entry of a judgment and verdict of acquittal, but shall not give leave to arraign unless they are satisfied—
(i) that the prosecution has acted with all due expedition; and
(ii) that there is a good and sufficient cause for a retrial in spite of the lapse of time since the order under section 7 of this Act was made.”
(5) Nothing in this section applies where notice of appeal or of application for leave to appeal was given before the commencement of this section.
(1) Part 1 of Schedule 6 to the [1968 c. 27.] Firearms Act 1968 (prosecution and punishment of offences) shall be amended as follows.
(2) For the third and fourth columns of the entries relating to an offence under section 2(1) (possessing, etc. shotgun without shotgun certificate) there shall be substituted—
| “(a) Summary. | 6 months or the statutory maximum or both. |
| (b) On indictment. | 3 years or a fine; or both. |
.”
(3) “Life imprisonment” shall be substituted for “14 years” in the fourth column of the entries relating to offences under—
(a) section 17(2) (possessing firearm or imitation firearm at time of committing or being arrested for certain offences); and
(b) section 18(1) (carrying firearm or imitation firearm with criminal intent).
(4) Nothing in this section shall affect the punishment for an offence committed before this section comes into force.
(1) In section 1(1)(a) of the [1933 c. 12.] Children and Young Persons Act 1933 (under which the maximum term of imprisonment for cruelty to persons under 16 is two years) and in section 12(1)(a) of the [1937 c. 37.] Children and Young Persons (Scotland) Act 1937 (which makes corresponding provision for Scotland), for “two” there shall be substituted “ten”.
(2) Nothing in subsection (1) above shall affect the punishment for an offence committed before this section comes into force.
(1) In section 1(1)(a) of the [1953 c. 14.] Prevention of Crime Act 1953 “six months” shall be substituted for “three months”.
(2) The maximum fine that may be imposed for an offence under section 1 of the [1959 c. 37.] Restriction of Offensive Weapons Act 1959 shall be a fine not exceeding level 5 on the standard scale.
(3) This section shall not have effect in relation to anything done before it comes into force.
(1) The following paragraph shall be substituted for paragraph (a) of section 2 of the [1889 c. 69.] Public Bodies Corrupt Practices Act 1889 (penalty for corruption in office)—
“(a) be liable—
(i) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both; and
(ii) on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both; and”.
(2) In subsection (1) of section 1 of the [1906 c. 34.] Prevention of Corruption Act 1906 (punishment of corrupt transactions with agents) for the words from “shall be liable” to the end of the subsection there shall be substituted the words “shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both; and
(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both.”.
(3) Nothing in this section shall affect the punishment for an offence committed before this section comes into force.
(1) In section 8(1)(a) of the [1985 c. 8.] Company Securities (Insider Dealing) Act 1985 (under which the maximum term of imprisonment for insider dealing offences is 2 years) for “2” there shall be substituted “7”.
(2) Nothing in subsection (1) above shall affect the punishment for an offence committed before this section comes into force.
Section 134 of the [1980 c. 43.] Magistrates' Courts Act 1980 (under which a magistrates' court having power to impose imprisonment on any person may instead of doing so order him to be detained for any period not exceeding 4 days in a place certified by the Secretary of State to be suitable for the purpose) shall cease to have effect.
(1) The Secretary of State may by order made by statutory instrument make such provision as appears to him to be appropriate—
(a) to give courts-martial and Standing Civilian Courts power to pass suspended and partly suspended sentences of imprisonment on civilians to whom this section applies; and
(b) to give courts power to deal with offenders in respect of suspended and partly suspended sentences passed by courts-martial and Standing Civilian Courts.
(2) This section applies to the following civilians—
(a) persons to whom Part II of the [1955 c. 18.] Army Act 1955 applies by virtue of section 209 of that Act;
(b) persons to whom Part II of the [1955 c. 19.] Air Force Act 1955 applies by virtue of section 209 of that Act; and
(c) persons to whom Parts I and II of the [1957 c. 53.] Naval Discipline Act 1957 apply by virtue of section 118 of that Act.
(3) An order under this section—
(a) may amend—
(i) the Army Act 1955;
(ii) the Air Force Act 1955;
(iii) the Naval Discipline Act 1957; and
(iv) the [1976 c. 52.] Armed Forces Act 1976;
(b) may apply, with or without modifications, any enactment contained in—
(i) the [1973 c. 62.] Powers of Criminal Courts Act 1973;
(ii) the [1977 c. 45.] Criminal Law Act 1977; or
(iii) any other Act not mentioned in paragraph (a) above; and
(c) may make such incidental or consequential provision as the Secretary of State considers necessary or expedient.
(4) Without prejudice to the generality of this section, an order under this section may make—
(a) provision prohibiting a court which passes a suspended sentence on a person from making an order under paragraph 4 of Schedule 5A to the [1955 c. 18.] Army Act 1955 or the [1955 c. 19.] Air Force Act 1955 or paragraph 4 of Schedule 4A to the [1957 c. 53.] Naval Discipline Act 1957 (community supervision orders) in respect of another offence; and
(b) provision restricting the powers conferred by sections 110 and 113 of the Army Act 1955 and the Air Force Act 1955 (confirmation and review) and sections 70 and 71 of the Naval Discipline Act 1957 (review).
(5) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) For any offence triable either way under a subordinate instrument made before the commencement of this section, the maximum fine which may be imposed on summary conviction shall by virtue of this subsection be the statutory maximum unless the offence is one for which by virtue of the instrument a larger maximum fine may be imposed on summary conviction.
(2) Where apart from this section the maximum fine would be one amount in the case of a first conviction and a different amount in the case of a second or subsequent conviction, subsection (1) above shall apply irrespective of whether the conviction is a first, second or subsequent one.
(3) Subsection (1) above shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued after conviction or the occurrence of any other specified event.
(4) Where there is under any enactment (however framed or worded) contained in an Act passed before the commencement of this section a power by subordinate instrument to impose penal provisions, being a power which allows the creation of offences triable either way, the maximum fine which may in the exercise of that power be authorised on summary conviction in respect of an offence triable either way shall by virtue of this subsection be the statutory maximum unless some larger maximum fine can be authorised on summary conviction of such an offence by virtue of an enactment contained in an Act passed before the commencement of this section.
(5) Where there is under any enactment (however framed or worded) contained in an Act passed before the commencement of this section a power by subordinate instrument to create offences triable either way, the maximum fine for an offence triable either way so created may be expressed as a fine not exceeding the statutory maximum.
(6) Subsection (5) above has effect in relation to exercises of powers before as well as after the commencement of this section.
(7) Nothing in this section shall affect the punishment for an offence committed before the commencement of this section.
(8) In this section and sections 52, 53, 55, 57 and 59 below “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.
(1) Where under a relevant subordinate instrument the maximum fine on conviction of a summary offence specified in the instrument is an amount shown in the second column of the standard scale, the reference in the instrument to the amount of the maximum fine shall be construed as a reference to the level in the first column of the standard scale corresponding to that amount.
(2) In subsection (1) above “relevant subordinate instrument” means any instrument made by virtue of an enactment or instrument after 30th April 1984 and before the commencement of this section.
(3) Subsection (1) above shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued after conviction or the occurrence of any other specified event.
(4) Where there is—
(a) under any enactment (however framed or worded) contained in an Act passed before the commencement of this section;
(b) under any instrument (however framed or worded) made by virtue of such an enactment,
a power to provide by subordinate instrument that a person, as regards any summary offence (whether or not created by the instrument) shall be liable on conviction to a fine, a person may be so made liable to a fine not exceeding a specified level on the standard scale.
(5) Subsection (4) above has effect in relation to exercises of powers before as well as after the commencement of this section.
(1) Where an instrument which was made under an enactment on or after 11th April 1983 but before this section came into force confers on any authority other than a harbour authority a power by subordinate instrument to make a person liable to a fine on conviction of a summary offence of an amount shown in the second column of the standard scale, as that scale had effect when the instrument was made, a reference to the level in the first column of the standard scale which then corresponded to that amount shall be substituted for the reference in the instrument conferring the power to the amount of the fine.
(2) If an order under section 143 of the [1980 c. 43.] Magistrates' Courts Act 1980 alters the sums specified in section 37(2) of the [1982 c. 48.] Criminal Justice Act 1982, the second reference to the standard scale in subsection (1) above is to be construed as a reference to that scale as it has effect by virtue of the order.
(3) This section shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a maximum fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued.
In the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975, after section 289GC (which is inserted by section 56 of this Act) there shall be inserted the following section—
(1) Where an instrument which was made under an enactment on or after 11th April 1983 but before the commencement of section 54 of the Criminal Justice Act 1988 confers on any authority other than a harbour authority a power by subordinate instrument to make a person liable on summary conviction to a fine of an amount shown in the second column of the standard scale, as that scale had effect when the instrument was made, a reference to the level in the first column of the standard scale which then corresponded to that amount shall be substituted for the reference in the instrument conferring the power to the amount of the fine.
(2) This section shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a maximum fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued”.
(1) This section applies to any instrument (however framed or worded) which—
(a) was made before 11th April 1983 (the date of the commencement of sections 35 to 50 of the [1982 c. 48.] Criminal Justice Act 1982); and
(b) confers on any authority other than a harbour authority a power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the latter instrument), liable on conviction to a maximum fine of a specified amount not exceeding £1,000,
but does not affect so much of any such instrument as (in whatever words) confers a power by subordinate instrument to make a person liable on conviction to a fine for each period of a specified length during which a continuing offence is continued.
(2) The maximum fine to which a subordinate instrument made by virtue of an instrument to which this section applies may provide that a person shall be liable on conviction of a summary offence is—
(a) if the specified amount is less than £25 , level 1 on the standard scale;
(b) if it is £25 or more but less than £50, level 2;
(c) if it is £50 or more but less than £200, level 3;
(d) if it is £200 or more but less than £400, level 4; and
(e) if it is £400 or more, level 5.
(3) Subject to subsection (5) below, where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things, that fine shall be treated for the purposes of this section as being the maximum fine to which a person may be made liable by virtue of the instrument.
(4) Where an instrument to which this section applies confers a power to provide for different maximum fines in relation to different circumstances or persons of different descriptions, the amounts specified as those maximum fines are to be treated separately for the purposes of this section.
(5) Where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things but also confers a power by subordinate instrument to make a person, as regards such an offence, liable on conviction to an alternative fine, this section shall have effect in relation—
(a) to the alternative fine; and
(b) to any amount that the instrument specifies as the maximum fine for which a subordinate instrument made in the exercise of the power conferred by it may provide,
as well as in relation to the fine mentioned in subsection (3) above.
(6) Section 36 of the [1982 c. 48.] Criminal Justice Act 1982 (abolition of enhanced penalties under subordinate instruments) shall have effect as if the references in it to an Act included references to an instrument and the reference in subsection (2) to the coming into force of the section were a reference, in relation to an instrument conferring a power such as is mentioned in subsection (1), to the coming into force of this section.
(1) In the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975, after section 289GB (which was inserted by the [1987 c. 41.] Criminal Justice (Scotland) Act 1987) there shall be inserted the following section—
(1) This section applies to any instrument (however framed or worded) which—
(a) was made before 11th April 1983 (the date of commencement of Part IV of the Criminal Justice Act 1982);
(b) confers on any authority other than a harbour authority a power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the latter instrument), liable on conviction to a maximum fine of a specified amount not exceeding £1,000,
but does not affect so much of any such instrument as (in whatever words) confers a power by subordinate instrument to make a person liable on conviction to a fine for each period of a specified length during which a continuing offence is continued.
(2) The maximum fine to which a subordinate instrument made by virtue of an instrument to which this section applies may provide that a person shall be liable on conviction of a summary offence is—
(a) if the specified amount is less than £25, level 1 on the standard scale;
(b) if it is £25 or more but less than £50, level 2;
(c) if it is £50 or more but less than £200, level 3;
(d) if it is £200 or more but less than £400, level 4; and
(e) if it is £400 or more, level 5.
(3) Subject to subsection (5) below, where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things, that fine shall be treated for the purposes of this section as being the maximum fine to which a person may be made liable by virtue of the instrument.
(4) Where an instrument to which this section applies confers a power to provide for different maximum fines in relation to different circumstances or persons of different descriptions, the amount specified as those maximum fines are to be treated separately for the purposes of this section.
(5) Where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things but also confers a power by subordinate instrument to make a person, as regards such an offence, liable on conviction to an alternative fine, this section shall have effect in relation—
(a) to the alternative fine; and
(b) to any amount that the instrument specifies as the maximum fine for which a subordinate instrument made in the exercise of the power conferred by it may provide,
as well as in relation to the fine mentioned in subsection (3) above.”
(2) Section 289E of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (penalties for first and subsequent convictions of summary offences to be the same) shall have effect as if the references in it to an Act included references to an instrument and the reference in subsection (5) to the commencement of the section were a reference, in relation to an instrument conferring a power such as is mentioned in subsection (1), to the coming into force of this section.
Criminal Justice Act 1988