S C H E D U L E S
SCHEDULE 1
Setting and alteration of certain penalties
Amendments relating to penalties and mode of trial for offences made triable only summarily
1.
(1) The enactments specified in column 2 of Part I of Schedule 2 to this Act (which relate to the modes of trial of, and the maximum penalties for, the offences which are by section 292 of the Principal Act made triable only summarily) shall continue to have effect subject to the amendments specified in column 3 of that Part.
(2) The said amendments have the effect of altering the maximum penalties available on summary conviction of those offences as well as making alterations consequential on their becoming triable only summarily; and in that Part, column 4 shows the maximum penalties resulting from the amendments.
Penalties on summary conviction for offences triable either summarily or on indictment
2.
(1) Where an offence created by a relevant enactment may be tried either on indictment or summarily, the penalty or maximum penalty on summary conviction shall, to the extent that it included, immediately before the commencement of section 55 of the Criminal Justice Act 1982 , a penalty or maximum penalty mentioned in column 1 of the Table below, be amended so as to substitute as a maximum penalty the corresponding penalty set forth in column 2 thereof (unless provision is expressly made by any enactment for a larger penalty or maximum penalty on summary conviction)—
| Column 1 | Column 2 |
Penalty or maximum penalty at commencement of section 55 of Criminal Justice Act 1982 |
New maximum penalty |
1. Fine (other than a fine specified in paragraph 3 below, or a fine in respect of each period of a specified length during which a continuing offence is committed). |
1. Fine not exceeding the prescribed sum. |
2. Imprisonment for a period exceeding 3 months. |
2. Imprisonment for a period not exceeding 3 months. |
3. Fine in respect of a specified quantity or number of things. |
3. Fine not exceeding the prescribed sum in respect of each such quantity or number. |
4. Fine exceeding 100 in respect of each period of a specified length during which a continuing offence is committed. |
4. Fine not exceeding 100 in respect of each such period. |
(2) Where by virtue of a relevant enactment, a person summarily convicted of any offence to which sub-paragraph (1) above relates would, apart from this paragraph, be liable to a fine or a maximum fine of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction, sub-paragraph (1) above shall apply irrespective of whether the conviction is a first, second or subsequent one.
(3) Sub-paragraph (1) above is without prejudice to section 5 of the Principal Act (6 months' imprisonment competent for certain offences).
(4) In this paragraph ‘relevant enactment’ means an enactment contained in the Criminal Law Act 1977 or in any other Act (including this Act).
(5) Sub-paragraph (1) of paragraph 7 below shall not affect so much of any enactment as (in whatever words) provides for a person to be made liable, on summary conviction, to a fine or a maximum fine for each period of a specified length during which a continuing offence is committed.
(6) Where an enactment to which sub-paragraph (1) of the said paragraph 7 below applies provides for a person to be made liable to a penalty or a maximum penalty on summary conviction of an offence triable either on indictment or summarily which includes a fine or a maximum fine in respect of a specified quantity or a specified number of things, that sub-paragraph shall apply to that fine or maximum fine.
(7) Sub-paragraph (1) above shall not apply on summary conviction of any of the offences mentioned in sub-paragraph (2) of paragraph 11 below.
Increase of fines for certain summary offences
3.
(1) The enactments specified in column 2 of Part II of Schedule 2 to this Act, which relate to the maximum fines for the offences mentioned (and broadly described) in column 1 of that Schedule, shall have effect as if the maximum fine that may be imposed on summary conviction of any offence so mentioned were a fine not exceeding the amount specified in column 4 of that Schedule instead of a fine not exceeding the amount specified in column 3 of that Schedule (being the amount of the maximum fine in respect of the offence immediately before the passing of the Criminal Law Act 1977 ), but this sub-paragraph shall not alter the maximum daily fine, if any, provided for by any of those enactments.
(2) In section 203 of the Local Government (Scotland) Act 1973 (offences against byelaws), except as applied to byelaws made under any provision contained in a local or private Act other than by a local authority, for any reference to 20 there shall be substituted a reference to 50.
(3) Subject to sub-paragraph (4) below, this sub-paragraph applies to any pre-1949 enactment however framed or worded which—
(a) as regards any summary offence makes a person liable on conviction thereof to a fine of, or not exceeding, a specified amount less than 50 which has not been altered since the...
