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Criminal Justice Act 1988

Criminal Justice Act 1988 s 52

s 52 Penalties on conviction for summary offences under subordinate legislation— conversion of references to amounts to references to levels on scale.

(1) Where under a relevant subordinate instrument the maximum fine on conviction of a summary offence specified in the instrument is an amount shown in the second column of the standard scale, the reference in the instrument to the amount of the maximum fine shall be construed as a reference to the level in the first column of the standard scale corresponding to that amount. (2) In subsection (1) above “ relevant subordinate instrument ” means any instrument made by virtue of an enactment or instrument after 30th April 1984 and before the commencement of this section. (3) Subsection (1) above shall not affect so much of any instrument as (in whatever words) makes a person liable on summary conviction to a fine not exceeding a specified amount for each period of a specified length during which a continuing offence is continued after conviction or the occurrence of any other specified event. (4) Where there is— (a) under any enactment (however framed or worded) contained in an Act passed before the commencement of this section; (b) under any instrument (however framed or worded) made by virtue of such an enactment, a power to provide by subordinate instrument that a person, as regards any summary offence (whether or not created by the instrument) shall be liable on conviction to a fine, a person may be so made liable to a fine not exceeding a specified level on the standard scale. (5) Subsection (4) above has effect in relation to exercises of powers before as well as after the commencement of this section.

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