OpenLegislation

Section 33 Maximum penalties on summary conviction in pursuance of section 22.

England and Wales

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

(1)

Where in pursuance of subsection (2) of section 22 above a magistrates’ court proceeds to the summary trial of an information, then, if the accused is summarily convicted of the offence—

(a)

F1subject to subsection (3) below the court shall not have power to impose on him in respect of that offence imprisonment for more than 3 months or a fine greater than F2level 4 on the standard scale; and

(b)

F3section 3 of the Powers of Criminal Courts (Sentencing) Act 2000 shall not apply as regards that offence.

(2)

In subsection (1) above “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.

F4(3)

Paragraph (a) of subsection (1) above does not apply to an offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking).

Annotations

Textual amendments

F1

Words in s. 33(1)(a) inserted (1.4.1992) by Aggravated Vehicle-Taking Act 1992 (c. 11), s. 2(3)(a); S.I. 1992/764, art. 2

F2

Words in s. 33(1)(a) substituted (1.10.1992) by virtue of Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 17(3)(b), 101(1), Sch. 4 Pt. II, Sch. 12 para. 6 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

F3

Words in s. 33(1)(b) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 65

F4

S. 33(3) inserted (1.4.1992) by Aggravated Vehicle-Taking Act 1992 (c. 11), s. 2(3)(b); S.I. 1992/764, art. 2