OpenLegislation

Regulation 39 Penalties for offencesI1I2

United Kingdom

(1)

A person who commits an offence under any provision of Part 3 (Finance), Part 5 (other sanctions for the purposes of UN obligations) or regulation 30 (finance: licensing offences), is liable—

(a)

on summary conviction in England and Wales, to imprisonment for a term not exceeding F1the general limit in a magistrates’ court or a fine (or both);

(b)

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

(c)

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

(d)

on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both).

(2)

A person who commits an offence under any provision of Part 4 (Trade) is liable—

(a)

on summary conviction in England and Wales, to imprisonment for a term not exceeding F2the general limit in a magistrates’ court or a fine (or both);

(b)

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

(c)

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

(d)

on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).

(3)

A person who commits an offence under regulations 31(6) or 35 (information offences in connection with Part 3) is liable—

(a)

on summary conviction in England and Wales, to imprisonment for a term not exceeding 6 months or a fine (or both);

(b)

on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both);

(c)

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

(4)

In relation to an offence committed before F32nd May 2022, the reference in each of paragraphs (1)(a) and (2)(a) to F4the general limit in a magistrates’ court is to be read as a reference to 6 months.

Annotations

Textual amendments

F1

Words in reg. 39(1)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(2), Sch. Pt. 2

F2

Words in reg. 39(2)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(2), Sch. Pt. 2

F3

Words in reg. 39(4) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(2), Sch. Pt. 2

F4

Words in reg. 39(4) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(2), Sch. Pt. 2

Commencement

I1

Reg. 39 not in force at made date, see reg. 1(2)

I2

Reg. 39 in force at 31.12.2020 on IP completion day by S.I. 2019/627, reg. 9(2); 2020 c. 1, Sch. 5 para. 1(1)