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Section 282 Increase in maximum term that may be imposed on summary conviction of offence triable either wayC1I1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In section 32 of the Magistrates' Courts Act 1980 (c. 43) (penalties on summary conviction for offences triable either way) in subsection (1) (offences listed in Schedule 1 to that Act) for “not exceeding 6 months” there is substituted “ not exceeding 12 months ”.

(2)

Subsection (3) applies to any offence triable either way which—

(a)

is an offence under a relevant enactment,

(b)

is punishable with imprisonment on summary conviction, and

(c)

is not listed in Schedule 1 to the Magistrates' Courts Act 1980.

C2(3)

The F1... term of imprisonment to which a person is liable on summary conviction of an offence to which this subsection applies is by virtue of this subsection F2a term not exceeding the general limit in a magistrates’ court (and the relevant enactment in question is to be read as if it had been amended accordingly).

(4)

Nothing in this section affects the penalty for any offence committed before the commencement of this section.

Annotations

Textual amendments

F1

Word in s. 282(3) omitted (14.7.2022) by virtue of Judicial Review and Courts Act 2022 (c. 35), ss. 13(5)(a), 51(4); S.I. 2022/816, regs. 1(2), 3(c)

F2

Words in s. 282(3) substituted (14.7.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 13(5)(b), 51(4); S.I. 2022/816, regs. 1(2), 3(c)

Modifications

C1

S. 282 applied (prosp.) by Horserace Betting and Olympic Lottery Act 2004 (c. 25), ss. 10(3), 60

C2

S. 282(3) modified (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), ss. 56(4), 66(2)(c)

Commencement

I1

S. 282 in force at 2.5.2022 by S.I. 2022/500, reg. 3(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)