Section 281 Alteration of penalties for other summary offencesC1

England and Wales

(1)

Subsection (2) applies to any summary offence which—

(a)

is an offence under a relevant enactment,

(b)

is punishable with a maximum term of imprisonment of five months or less, and

(c)

is not listed in Schedule 25 or Schedule 26.

(2)

The Secretary of State may by order amend any relevant enactment so as to—

(a)

provide that any summary offence to which this subsection applies is no longer punishable with imprisonment, or

(b)

increase to 51 weeks the maximum term of imprisonment to which a person is liable on conviction of the offence.

(3)

An order under subsection (2) may make such supplementary, incidental or consequential provision as the Secretary of State considers necessary or expedient, including provision amending any relevant enactment.

(4)

Subsection (5) applies to any summary offence which—

(a)

is an offence under a relevant enactment, and

(b)

is punishable with a maximum term of imprisonment of six months.

C2(5)

The maximum term of imprisonment to which a person is liable on conviction of an offence to which this subsection applies is, by virtue of this subsection, 51 weeks (and the relevant enactment in question is to be read as if it had been amended accordingly).

(6)

Neither of the following—

(a)

an order under subsection (2), or

(b)

subsection (5),

affects the penalty for any offence committed before the commencement of that order or subsection (as the case may be).

I1(7)

In this section and section 282 “relevant enactment” means any enactment contained in—

(a)

an Act passed before or in the same Session as this Act, or

(b)

any subordinate legislation made before the passing of this Act.

(8)

In subsection (7) “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

Annotations

Modifications

C1: S. 281 applied (prosp.) by Horserace Betting and Olympic Lottery Act 2004 (c. 25), ss. 10(3), 40
C2: S. 281(5) modified (16.12.2010) by The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010 (S.I. 2010/2837), arts. 1(2), Sch. 4 para. 1(6)

Commencement

I1: S. 281(7)(8) in force at 14.7.2022 for specified purposes by S.I. 2022/816, regs. 1(2), 2(a)

Notes on Part 12

Modifications

C1: Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
C2: Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)) and as amended (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), s. 5(2)(3), Sch. 2 para. 139; S.I. 2012/1236, reg. 2)