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Criminal Procedure (Scotland) Act 1975
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Changes to legislation:
Criminal Procedure (Scotland) Act 1975, Section 289B is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act certain function transferred. by 1994 c. 39 s. 127(1) 128
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 168(c)(ii) amended (prosp.) by 1995 c. 36 s. 105(4) Sch. 4 para. 24(6)(b)
- s. 364(c)(ii) amended (prosp.) by 1995 c. 36 s. 105(4) Sch. 4 para. 24(14)(b)
- s. 413(3) (defn.of "the appropriate local authority") para. (a)(b) amended by 1994 c. 39 Sch. 13 para. 97(5)
- s. 413(3) (defns. of "care" and "the 1968 Act") repealed (prosp.) by 1995 c. 36 s. 105(4)(5) Sch. 4 para. 24(17)(b)(i) Sch. 5
- s. 462 (defns. of "child" "children's hearing" "place of safety" "residential establishment" and "supervision requirement") amended (prosp.) by 1995 c. 36 s. 105(4) Sch. 4 para. 24(18)
- s. 462 (defns. of "crime" and "prosecutor") applied (prosp.) by 1995 c. 36 s. 53(7)
[F1[F2289B Penalties on summary conviction for offences triable either summarily or on indictment.S
(1)Where an offence created by a relevant enactment may be tried either on indictment or summarily, the penalty or maximum penalty on summary conviction shall, to the extent that it included, immediately before the commencement of section 55 of the Criminal Justice Act 1982, a penalty or maximum penalty mentioned in column 1 of the Table below, be amended so as to substitute as a maximum penalty the corresponding penalty set forth in column 2 thereof (unless provision is expressly made by any enactment for a larger penalty or maximum penalty on summary conviction)—
| Column 1 | Column 2 |
|---|---|
| Penalty or maximum penalty at commencement of section 55 of Criminal Justice Act 1982 | New maximum penalty |
| 1. Fine (other than a fine specified in paragraph 3 below, or a fine in respect of each period of a specified length during which a continuing offence is committed). | 1. Fine not exceeding the prescribed sum. |
| 2. Imprisonment for a period exceeding 3 months. | 2. Imprisonment for a period not exceeding 3 months. |
| 3. Fine in respect of a specified quantity or number of things. | 3. Fine not exceeding the prescribed sum in respect of each such quantity or number. |
| 4. Fine exceeding £100 in respect of each period of a specified length during which a continuing offence is committed. | 4. Fine not exceeding £100 in respect of each such period. |
(2)Where, by virtue of a relevant enactment, a person summarily convicted of any offence to which subsection (1) above relates would, apart from this section, be liable to a fine or a maximum fine of one amount in the case of a first conviction and of a different amount in the case of a second or subsequent conviction, subsection (1) above shall apply irrespective of whether the conviction is a first, second or subsequent one.
(3)(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(5)Subsection (1) above is without prejudice to section 290 of this Act (6 months’ imprisonment competent for certain offences).
(6)In this section—
“the prescribed sum” means [F4£5,000] or such sum as is for the time being substituted in this definition by an order in force under section 289D(1) of this Act;
“relevant enactment” means an enactment contained in the M1Criminal Law Act 1977 or in any Act (including this Act) passed before, or in the same session as, that Act.
(7)[F5Section 289GA(1) of this Act] shall not affect so much of any enactment as (in whatever words) provides for a person to be made liable, on summary conviction, to a fine or a maximum fine for each period of a specified length during which a continuing offence is committed.
(8)Where an enactment to which [F6section 289GA(1) of this Act] applies provides for a person to be made liable to a penalty or maximum penalty on summary conviction of an offence triable either on indictment or summarily which includes a fine or a maximum fine in respect of a specified quantity or a specified number of things, that subsection shall apply to that fine or maximum fine.
(9)Schedule 7B to this Act shall have effect for the purpose of altering the penalties or maximum penalties available on summary conviction of the offences therein mentioned; and subsection (1) above shall not apply on summary conviction of any of the offences mentioned in paragraph 1(2) of the said Schedule 7B.]]
Textual Amendments
F1S. 289B substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 55(2)
F2Act repealed (S.) (1.4.1996) by Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), s. 6(1), Sch. 5 (with savings in ss. 4, 6(2), Sch. 3 paras. 3, 16, Sch. 6)
F3S. 289B(3)(4) repealed by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 70(2), Sch. 2
F4Word in s. 289B(6) substituted (1.10.1992) by virtue of Criminal Justice Act 1991 (c. 53), ss. 17(2), 101(1), Sch. 12, para. 6 (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2 (subject to the restriction of S.I. 1992/333, art. 4A as inserted (1.9.1992) by S.I. 1992/2118, arts. 3, 4).
F5Words substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 70(1), Sch. 1 para. 15(a)
F6Words substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 70(1), Sch. 1 para. 15(b)
Marginal Citations
M11977 c. 45(39:1).
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