Section 76 Offences under regulationsI1

England, Wales and Scotland Not yet in force

(1)

Where regulations under this Chapter create an offence, they may provide for the offence to be triable—

(a)

only summarily, or

(b)

summarily or on indictment.

(2)

Where the regulations provide for the offence to be triable only summarily, they may provide for the offence to be punishable—

(a)

on summary conviction in England or Wales, by imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both);

(b)

on summary conviction in Scotland, by imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale (or both);

or (in either case) by any lesser punishment.

(3)

Where the regulations provide for the offence to be triable summarily or on indictment, they may provide for the offence to be punishable—

(a)

on summary conviction in England or Wales, by imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b)

on summary conviction in Scotland, by imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c)

on conviction on indictment, by imprisonment for a term not exceeding 2 years or a fine (or both);

or (in any of those cases) by any lesser punishment.

(4)

In subsection (2)(a), “the maximum term for summary offences” means—

(a)

if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;

(b)

if the offence is committed after that time, 51 weeks.

Annotations

Commencement

I1: S. 76 not in force at Royal Assent, see s. 99(1)