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Section 5 Penalties.

(1)

Any person guilty of an offence under section 11(7) of this Act shall be liable on summary conviction to a fine not exceeding F1level 3 on the standard scale.

(2)

Any person guilty of any other offence under this Act shall be liable on summary conviction to a fine not exceeding F2level 4 on the standard scale or, in the case of a second or subsequent conviction for such an offence, to a fine not exceeding level 4 on the standard scale.

F3(3)

Proceedings in England and Wales for an offence under this Act may be brought within the period of 6 months beginning with the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.

(4)

But subsection (3) does not authorise the commencement of proceedings for an offence more than 2 years after the date on which the offence was committed.

(5)

For the purposes of subsection (3), a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.

(6)

A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Annotations

Textual amendments

F1

Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss 289F, 289G

F2

Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 3(1), Sch. 2 Pt. II it is provided (S.)(1.4.1996) that s. 5(2) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 4 on the standard scale instead of a fine not exceeding £50 for a first offence and £100 for a second or subsequent offence

F3

S. 5(3)-(6) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 6 para. 2; S.I. 2006/1382, art. 2

Notes on the whole Act

Textual amendments

F1

Act repealed (S.) (31.1.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 130, 168(1) (with s. 162); S.S.I. 2010/230, art. 4(g)