The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015

• Citation: S.I. 2015/664
• Sections: 245

Section 1 Citation, commencement, extent and interpretation

(1) These Regulations may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 and come into force on the day after the day on which they are made.

(2) These Regulations extend to England and Wales only.

(3) In these Regulations, “the 2012 Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Section 2 Disapplication of section 85(1) of the 2012 Act and alternative provision

(1) Section 85(1) of the 2012 Act does not apply in relation to the offences specified in Schedule 1.

(2) Schedule 2 contains amendments to make provision for those offences to be punishable on summary conviction by a fine or maximum fine of an amount specified or described.

Section 3 Fines or maximum fines expressed as proportions

(1) Part 1 of Schedule 3 contains amendments to provide for certain offences punishable on summary conviction by a fine or maximum fine expressed as a proportion of £5,000 or more (however that amount is expressed) to be punishable on summary conviction by a fine or maximum fine of that proportion of an amount specified or described.

(2) Part 2 of Schedule 3 contains amendments to provide for powers which can be exercised to create an offence punishable on summary conviction by a fine or maximum fine expressed as a proportion of £5,000 or more (however that amount is expressed) to be exercisable to create an offence punishable on summary conviction by a fine or maximum fine of that proportion of an amount specified or described.

Section 4 Consequential amendments

(1) Part 1 of Schedule 4 contains amendments (consequential on section 85(1) of the 2012 Act) to legislation which expresses the fine or maximum fine for an offence punishable on summary conviction as a numerical amount of £5,000 or more.

(2) Part 2 of Schedule 4 contains amendments (consequential on section 85(2) of the 2012 Act) to legislation which confers power to create offences punishable on summary conviction and expresses the fine or maximum fine which may be imposed for an offence so created as a numerical amount of £5,000 or more.

(3) Part 3 of Schedule 4 contains amendments which are consequential on the provision made by Parts 1 and 2 of that Schedule.

(4) Schedule 5 contains other amendments consequential on section 85 of the 2012 Act.

Section 5 Transitional and saving provision

(1) These Regulations do not affect—

(a) fines for offences committed before these Regulations come into force,

(b) the operation of restrictions on fines that may be imposed on a person aged under 18, or

(c) fines that may be imposed on a person convicted by a magistrates’ court who is to be sentenced as if convicted on indictment.

(2) An amendment made by Part 2 of Schedule 3 or Part 2 of Schedule 4 does not authorise the alteration of a fine or maximum fine that applies in respect of an offence that is, immediately before these Regulations come into force, contained in an instrument made under the legislation amended (whether or not the instrument is in force).

Section 1 Customs and Excise Management Act 1979 (c.2)

An offence under section 24(5) (contraventions relating to the control of movement of goods by pipe-line etc).

Section 2 Customs and Excise Management Act 1979 (c.2)

An offence under section 50(2) (unshipping goods etc with intent to defraud).

Section 3 Customs and Excise Management Act 1979 (c.2)

An offence under section 50(3) (importing goods in contravention of prohibitions or restrictions etc).

Section 4 Customs and Excise Management Act 1979 (c.2)

An offence under section 53(8) (shipping of dutiable or restricted goods before delivery of entry outwards etc).

Section 5 Customs and Excise Management Act 1979 (c.2)

An offence under section 56(5) (contravention of duties where entry in respect of dutiable or restricted goods is cancelled).

Section 6 Customs and Excise Management Act 1979 (c.2)

An offence under section 57(6), so far as relating to a failure to comply with a requirement under section 57(4) (requirement that goods not be loaded into ship or aircraft without authority of proper officer).

Section 7 Customs and Excise Management Act 1979 (c.2)

An offence under section 58E(5), so far as relating to a failure to comply with a requirement under section 58E(4) (requirement to surrender authenticated Community customs document etc).

Section 8 Customs and Excise Management Act 1979 (c.2)

An offence under section 63(6) (taking goods on board a ship in circumstances mentioned in section 63(5), with fraudulent intent).

Section 9 Customs and Excise Management Act 1979 (c.2)

An offence under section 64(7) (loading goods on aircraft etc before application for clearance, with fraudulent intent).

Section 10 Customs and Excise Management Act 1979 (c.2)

An offence under section 66(2), so far as relating to a contravention of regulations under section 66(1)(b) (prescribing procedure to be followed etc by person conveying goods out of Northern Ireland by land).

Section 11 Customs and Excise Management Act 1979 (c.2)

An offence under section 68(2) (being knowingly concerned in the exportation or shipment of goods as stores, with intent to evade prohibitions or restrictions mentioned in section 68(1)).

Section 12 Customs and Excise Management Act 1979 (c.2)

An offence under section 68A(1) (being knowingly concerned in the fraudulent evasion of an agricultural levy on the export of goods).

Section 13 Customs and Excise Management Act 1979 (c.2)

An offence under section 100(1) (unauthorised opening of warehouses etc).

Section 14 Customs and Excise Management Act 1979 (c.2)

An offence under section 100(3) (taking warehoused goods etc with intent to defraud).

Section 15 Customs and Excise Management Act 1979 (c.2)

An offence under section 102(3) (failure to deliver up a licence where required to do so under section 102(2)), so far as relating to a gaming licence or an amusement machine licence.

Section 16 Customs and Excise Management Act 1979 (c.2)

An offence under section 129(3) (separating goods chargeable with duty from substances used to denature them, after the goods have gone into home use).

Section 17 Customs and Excise Management Act 1979 (c.2)

An offence under section 136(1) (obtaining a drawback, rebate etc from duty, with intent to defraud).

Section 18 Customs and Excise Management Act 1979 (c.2)

An offence under section 158(4) (offences in connection with provision of facilities).

Section 19 Customs and Excise Management Act 1979 (c.2)

An offence under section 159(6) (removal of goods before examination with intent to defraud).

Section 20 Customs and Excise Management Act 1979 (c.2)

An offence under section 167(1) (knowingly or recklessly making untrue statements etc).

Section 21 Customs and Excise Management Act 1979 (c.2)

An offence under section 168(1) (counterfeiting or falsifying documents etc).

Section 22 Customs and Excise Management Act 1979 (c.2)

An offence under section 170(1) (knowingly acquiring possession of chargeable goods etc with intent to defraud).

Section 23 Customs and Excise Management Act 1979 (c.2)

An offence under section 170(2) (being knowingly concerned in fraudulent evasion of duty etc).

Section 24 Customs and Excise Management Act 1979 (c.2)

An offence under section 170B(1) (taking preparatory steps for evasion of excise duty).

Section 25 Customs and Excise Duties (General Reliefs) Act 1979 (c.3)

An offence under section 13(3C) (failure to comply with the requirement of an order under section 13 to notify the Commissioners of non-compliance with a condition of relief).

Section 26 Customs and Excise Duties (General Reliefs) Act 1979 (c.3)

An offence under section 13C(2) (acquisition of goods for use in breach of condition of relief etc).

Section 27 Customs and Excise Duties (General Reliefs) Act 1979 (c.3)

An offence under section 15(1) (making of false statement etc in connection with obtaining relief etc).

Section 28 Alcoholic Liquor Duties Act 1979 (c.4)

An offence under section 17(1) (offences in connection with removal of spirits from distillery etc).

Section 29 Alcoholic Liquor Duties Act 1979 (c.4)

An offence under section 25(1) (offences in connection with unlawful manufacture of spirits etc).

Section 30 Alcoholic Liquor Duties Act 1979 (c.4)

An offence under paragraph 5(1) of Schedule 2A (possession etc of unstamped retail containers containing alcoholic liquor to which Schedule 2A applies).

Section 31 Alcoholic Liquor Duties Act 1979 (c.4)

An offence under paragraph 6(1) of Schedule 2A (manager of premises suffering premises to be used for sale of alcoholic liquor in unstamped retail containers etc).

Section 32 Alcoholic Liquor Duties Act 1979 (c.4)

An offence under paragraph 7(3) of Schedule 2A (manager of premises suffering premises to be used in breach of order under paragraph 7(1)).

Section 33 Hydrocarbon Oil Duties Act 1979 (c.5)

An offence under section 10(5) (using or acquiring duty-free oil etc in breach of restrictions).

Section 34 Hydrocarbon Oil Duties Act 1979 (c.5)

An offence under section 10(6) (being liable for duty-free oil being taken into vehicle in breach of restrictions).

Section 35 Hydrocarbon Oil Duties Act 1979 (c.5)

An offence under section 13(3) (using rebated heavy oil in breach of restrictions etc).

Section 36 Hydrocarbon Oil Duties Act 1979 (c.5)

An offence under section 13(4) (being liable for rebated heavy oil being taken into road vehicle in breach of restrictions).

Section 37 Hydrocarbon Oil Duties Act 1979 (c.5)

An offence under section 13AB(1)(c) (using kerosene in contravention of section 13AA(2), with intent).

Section 38 Hydrocarbon Oil Duties Act 1979 (c.5)

An offence under section 13AB(2)(c) (being liable for kerosene being taken into engine in contravention of section 13AA(2), with intent).

Section 39 Hydrocarbon Oil Duties Act 1979 (c.5)

An offence under section 13AB(5) (supplying kerosene etc, with intent).

Section 40 Hydrocarbon Oil Duties Act 1979 (c.5)

An offence under section 14(6) (using or acquiring rebated light oil etc in breach of restrictions).

Section 41 Hydrocarbon Oil Duties Act 1979 (c.5)

An offence under section 14(7) (being liable for rebated light oil being taken into vehicle etc in breach of restrictions).

Section 42 Hydrocarbon Oil Duties Act 1979 (c.5)

An offence under section 14D(3) (misuse of rebated biodiesel or bioblend).

Section 43 Hydrocarbon Oil Duties Act 1979 (c.5)

An offence under section 24A(6) (knowingly misusing marked oil).

Section 44 Betting and Gaming Duties Act 1981 (c.63)

An offence under section 26L(2) (being knowingly concerned etc in the fraudulent evasion of remote gaming duty).

Section 45 Betting and Gaming Duties Act 1981 (c.63)

An offence under paragraph 13(3) of Schedule 1 (making false statements etc in connection with general betting duty or pool betting duty etc).