56 Fines under secondary subordinate instruments: Scotland.
(1) In the Criminal Procedure (Scotland) Act 1975, after section 289GB (which was inserted by the Criminal Justice (Scotland) Act 1987) there shall be inserted the following section—
Fines under secondary subordinate instruments— Scotland.
289GC (1) This section applies to any instrument (however framed or worded) which—
(a) was made before 11th April 1983 (the date of commencement of Part IV of the Criminal Justice Act 1982);
(b) confers on any authority other than a harbour authority a power by subordinate instrument to make a person, as regards any summary offence (whether or not created by the latter instrument), liable on conviction to a maximum fine of a specified amount not exceeding £1,000,
but does not affect so much of any such instrument as (in whatever words) confers a power by subordinate instrument to make a person liable on conviction to a fine for each period of a specified length during which a continuing offence is continued.
(2) The maximum fine to which a subordinate instrument made by virtue of an instrument to which this section applies may provide that a person shall be liable on conviction of a summary offence is—
(a) if the specified amount is less than £25, level 1 on the standard scale;
(b) if it is £25 or more but less than £50, level 2;
(c) if it is £50 or more but less than £200, level 3;
(d) if it is £200 or more but less than £400, level 4; and
(e) if it is £400 or more, level 5.
(3) Subject to subsection (5) below, where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things, that fine shall be treated for the purposes of this section as being the maximum fine to which a person may be made liable by virtue of the instrument.
(4) Where an instrument to which this section applies confers a power to provide for different maximum fines in relation to different circumstances or persons of different descriptions, the amount specified as those maximum fines are to be treated separately for the purposes of this section.
(5) Where an instrument to which this section applies confers a power by subordinate instrument to make a person, as regards a summary offence, liable on conviction to a fine in respect of a specified quantity or a specified number of things but also confers a power by subordinate instrument to make a person, as regards such an offence, liable on conviction to an alternative fine, this section shall have effect in relation—
(a) to the alternative fine; and
(b) to any amount that the instrument specifies as the maximum fine for which a subordinate instrument made in the exercise of the power conferred by it may provide,
as well as in relation to the fine mentioned in subsection (3) above.
(2) Section 289E of the Criminal Procedure (Scotland) Act 1975 (penalties for first and subsequent convictions of summary offences to be the same) shall have effect as if the references in it to an Act included references to an instrument and the reference in subsection (5) to the commencement of the section were a reference, in relation to an instrument conferring a power such as is mentioned in subsection (1), to the coming into force of this section.
57 Powers of harbour authorities to provide for maximum fines up to level 4 on standard scale.
(1) Where a harbour authority is empowered to provide—
(a) in an instrument made by virtue of an enactment; or
(b) in an instrument made by virtue of an instrument made under an enactment,
that a person, as regards any summary offence (whether or not created by the instrument), shall be liable on conviction to a fine not exceeding an amount less than level 4 on the standard scale, the power shall extend by virtue of this section to making him liable to a fine not exceeding level 4.
(2) Where any enactment or instrument (“the enabling legislation") (however expressed) provides that a person who contravenes any provision of an instrument (“a regulatory instrument") made by a harbour authority—
(a) by virtue of the enabling legislation; or
(b) by virtue of an instrument made under the enabling legislation,
shall be guilty of a summary offence and liable on conviction to a fine not exceeding an amount less than level 4 on the standard scale, the power conferred by the enabling legislation shall by virtue of this section enable the harbour authority to provide in a regulatory instrument that a person, as regards any summary offence created by the regulatory instrument, shall be liable on summary conviction to a fine not exceeding level 4.
59 Power to alter exceptionally high maximum fines.
(1) The Secretary of State may by order amend an enactment or subordinate instrument specifying a sum to which this subsection applies so as to substitute for that sum such other sum as appears to him—
(a) to be justified by a change in the value of money appearing to him to have taken place since the last occasion on which the sum in question was fixed; or
(b) to be appropriate to take account of an order altering the standard scale which has been made or is proposed to be made.
(2) Subsection (1) above applies to any sum which—
(a) is specified as the maximum fine which may be imposed on conviction of a summary offence; and
(b) is higher than level 5 on the standard scale.
(3) The Secretary of State may by order amend an enactment or subordinate instrument specifying a sum to which this subsection applies so as to substitute for that sum such other sum as appears to him—
(a) to be justified by a change in the value of money appearing to him to have taken place since the last occasion on which the sum in question was fixed; or
(b) to be appropriate to take account of an order made or proposed to be made altering the statutory maximum.
(4) Subsection (3) above applies to any sum which—
(a) is specified as the maximum fine which may be imposed on summary conviction of an offence triable either way; and
(b) is higher than the statutory maximum.
(5) An order under this section—
(a) shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament; and
(b) shall not affect the punishment for an offence committed before it comes into force.
(6) In this section—
“enactment” includes an enactment contained in an Act passed after this Act; and
“subordinate instrument” includes an instrument made after the passing of this Act.
(1) In the Table in paragraph 1 of Schedule 4 to the Magistrates’ Courts Act 1980, for the entries relating to amounts not exceeding £10,000 there shall be substituted—
An amount not exceeding £50 | 5 days
An amount exceeding £50 but not exceeding £100 | 7 days
An amount exceeding £100 but not exceeding £400 | 14 days
An amount exceeding £400 but not exceeding £1,000 | 30 days
An amount exceeding £1,000 but not exceeding £2,000 | 45 days
An amount exceeding £2,000 but not exceeding £5,000 | 3 months
An amount exceeding £5,000 but not exceeding £10,000 | 6 months
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(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Magistrates’ Courts Act 1980 shall be amended as follows.
(2) The following subsections shall be added after section 77(2)—
(3) A magistrates’ court shall have power at any time to do either or both of the following—
(a) to direct that the issue of the warrant of commitment shall be postponed until a time different from that to which it was previously postponed;
(b) to vary any of the conditions on which its issue is postponed,
but only if it thinks it just to do so having regard to a change of circumstances since the relevant time.
(4) In this section “the relevant time” means—
(a) where neither of the powers conferred by subsection (3) above has been exercised previously, the date when the issue of the warrant was postponed under subsection (2) above; and
(b) in any other case, the date of the exercise or latest exercise of either or both of the powers.
(5) Without prejudice to the generality of subsection (3) above, if on an application by a person in respect of whom issue of a warrant has been postponed it appears to a justice of the peace acting for the petty sessions area in which the warrant has been or would have been issued that since the relevant time there has been a change of circumstances which would make it just for the court to exercise one or other or both of the powers conferred by that subsection, he shall refer the application to the court.
(6) Where such an application is referred to the court, it shall be the duty of the clerk of the court—
(a) to fix a time and place for the application to be heard; and
(b) to give the applicant notice of the time and place which he fixes.
(7) Where such a notice has been given but the applicant does not appear at the time and place specified in the notice, the court may proceed with the consideration of the application in his absence.
(8) If a warrant of commitment in respect of the sum adjudged to be paid has been issued before the hearing of the application, the court shall have power to order that the warrant shall cease to have effect and, if the applicant has been arrested in pursuance of it, to order that he shall be released, but it shall only make an order under this subsection if it is satisfied that the change of circumstances on which the applicant relies was not put before the court when it was determining whether to issue the warrant.
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(3) The following subsection shall be inserted after subsection (4) of section 82 (restriction on power to impose imprisonment for default)—
(4A) The methods of enforcing payment mentioned in subsection (4)(b)(ii) above are—
(a) a warrant of distress under section 76 above;
(b) an application to the High Court or county court for enforcement under section 87 below;
(c) an order under section 88 below;
(d) an attachment of earnings order; and
(e) if the offender is under the age of 21, an order under section 17 of the Criminal Justice Act 1982 (attendance centre orders).
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(4) The following subsections shall be inserted after subsection (5) of that section—
(5A) A magistrates’ court may not issue a warrant of commitment under subsection (5) above at a hearing at which the offender is not present unless the clerk of the court has first served on the offender a notice in writing stating that the court intends to hold a hearing to consider whether to issue such a warrant and giving the reason why the court so intends.
(5B) Where after the occasion of an offender’s conviction by a magistrates’ court the court holds a hearing for the purpose of considering whether to issue a warrant of commitment for default in paying a sum adjudged to be paid by the conviction, it shall consider such information about the offender’s means as is available to it unless it has previously—
(a) inquired into the offender’s means; and
(b) postponed the issue of the warrant of commitment under section 77(2) above.
(5C) A notice under subsection (5A) above—
(a) shall state the time and place appointed for the hearing; and
(b) shall inform the offender that, if he considers that there are grounds why the warrant should not be issued, he may make representations to the court in person or in writing,
but the court may exercise its powers in relation to the issue of a warrant whether or not he makes representations.
(5D) Except as mentioned in subsection (5E) below, the time stated in a notice under subsection (5A) above shall not be earlier than 21 days after the issue of the notice.
(5E) Where a magistrates’ court exercises in relation to an offender the power conferred by section 77(2) above and at the same hearing issues a notice under subsection (5A) above in relation to him, the time stated in the notice may be a time on any day following the end of the period for which the issue of the warrant of commitment has been postponed.
(5F) A notice under subsection (5A) above to be served on any person shall be deemed to be served on that person if it is sent by registered post or the recorded delivery service addressed to him at his last known address, notwithstanding that the notice is returned as undelivered or is for any other reason not received by that person.
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(5) The following section shall be substituted for section 85—
Power to remit fine.
85 (1) Where a fine has been imposed on conviction of an offender by a magistrates’ court, the court may at any time remit the whole or any part of the fine, but only if it thinks it just to do so having regard to a change of circumstances which has occurred—
(a) where the court is considering whether to issue a warrant of commitment after the issue of such a warrant in respect of the fine has been postponed under subsection (2) of section 77 above, since the relevant time as defined in subsection (4) of that section; and
(b) in any other case, since the date of the conviction.
(2) Where the court remits the whole or part of the fine after a term of imprisonment has been fixed, it shall also reduce the term by an amount which bears the same proportion to the whole term as the amount remitted bears to the whole or, as the case may be, shall remit the whole term.
(3) In calculating the reduction in a term of imprisonment required by subsection (2) above any fraction of a day shall be left out of account.
(4) Notwithstanding the definition of “fine” in section 150(1) below, references in this section to a fine do not include any other sum adjudged to be paid on conviction, whether as a pecuniary penalty, forfeiture, compensation or otherwise.
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(6) In section 121(2) (magistrates’ court to consist of at least 2 justices when holding an inquiry into the means of an offender for the purposes of section 82) after the word “above" there shall be inserted the words “or determine under that section at a hearing at which the offender is not present whether to issue a warrant of commitment".
(1) The following section shall be inserted after section 87 of the Magistrates’ Courts Act 1980—
Fines imposed on companies.
87A (1) Where—
(a) a magistrates’ court has, or is treated by any enactment as having, adjudged a company by a conviction to pay a sum; and
(b) the court has issued a warrant of distress under section 76(1) above for the purpose of levying the sum; and
(c) it appears on the return to the warrant that the money and goods of the company are insufficient to satisfy the sum with the costs and charges of levying the same,
the clerk of the court may make an application in relation to the company under section 9 or 124 of the Insolvency Act 1986 (administration or winding up).
(2) Any expenses incurred under subsection (1) above by the clerk of a magistrates’ court shall be treated for the purposes of Part VI of the Justices of the Peace Act 1979 as expenses of the magistrates’ courts committee.
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(2) The words “ or by the clerk of a magistrates’ court in the exercise of the power conferred by section 87A of the Magistrates’ Courts Act 1980 (enforcement of fines imposed on companies) ” shall be inserted—
(a) before the words “or by all" in section 9(1) of the Insolvency Act 1986;
(b) after the word “contributories" in section 124(1) of that Act.
(1) Section 38 of the Fisheries Act 1981 (which applied certain enactments to so much of the River Tweed as is situated outwith Scotland as if it were situated in Scotland) shall be deemed not to have been excluded from the operation of section 38(1) of the Criminal Justice Act 1982 (general increase of fines for summary offences) by paragraph (c) of that subsection (exclusion of offences where fine or maximum fine altered since 29th July 1977).
(2) Nothing in this section shall affect the punishment for an offence committed before this section comes into force.
67 Fines imposed and recognizances forfeited by coroners.
(1) A fine imposed by a coroner, including a fine so imposed before this section comes into force, shall be treated for the purpose of its collection, enforcement and remission as having been imposed by the magistrates’ court for the area in which the coroner’s court was held, and the coroner shall as soon as practicable after imposing the fine give particulars of the fine to the designated officer for that court.
(2) A coroner shall proceed in the like manner under subsection (1) above in relation to a recognizance forfeited at an inquest held before him, including a recognizance so forfeited before this section comes into force, as if he had imposed a fine upon the person forfeiting that recognizance, and subsection (1) above shall apply accordingly.
In section 27(1) of the Misuse of Drugs Act 1971 (forfeiture on conviction of an offence under that Act) after the words “under this Act" there shall be inserted the words “or a drug trafficking offence, as defined in section 38(1) of the Drug Trafficking Offences Act 1986".