Paragraph 25

England, Wales and Scotland

(1)

The regulations may provide for any such offence as is mentioned in paragraph 17 to be triable—

(a)

only summarily; or

(b)

either summarily or on indictment.

(2)

The regulations may provide for such an offence to be punishable—

(a)

on summary conviction by—

(i)

imprisonment for a term not exceeding such period as is specified (which may not exceed ~~F1six months~~~~F212 months~~ ~~the general limit in a magistrates’ court~~), or

(ii)

~~F3a fine not exceeding such amount as is specified (which may not exceed~~ ~~F4£20,000~~~~£50,000~~~~F5£40,000~~),

a fine, the amount of which may be limited by the regulations,

or both; or

(b)

on conviction on indictment by—

(i)

imprisonment for a term not exceeding such period as is specified (which may not exceed five years), or

(ii)

a fine,

or both.

Annotations

Textual amendments

F1: Words in Sch. 1 para. 25(2)(a)(i) substituted (E.W.) (7.6.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 105(1)(a), 108(4) (with s. 105(2))
F2: Words in Sch. 1 para. 25(2)(a)(i) substituted (E.W.) (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(1), Sch. Pt. 1 table
F3: Sch. 1 para. 25(2)(a)(ii) substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 90 (with reg. 5(2))
F4: Word in Sch. 1 para. 25(2)(a)(ii) substituted (E.W.) (7.6.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 105(1)(b), 108(4) (with s. 105(2))
F5: Word in Sch. 1 para. 25(2)(a)(ii) substituted (S.) (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), s. 145(2), Sch. 2 para. 5; S.S.I. 2004/420, art. 3, Sch. 1