Page:Magistrates’ Courts Act 1980.pdf/34

26c. 43

(9) In this section—
 * “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation;
 * “the prescribed sum” means £1,000 or such sum as is for the time being substituted in this definition by an order in force under section 143(1) below;
 * “relevant enactment” means an enactment contained in the Criminal Law Act 1977 or in any Act passed before, or in the same Session as, that Act.

33.—(1) Where in pursuance of subsection (2) of section 22 above a magistrates’ court proceeds to the summary trial of an information, then, if the accused is summarily convicted of the offence-
 * (a) the court shall not have power to impose on him in respect of that offence imprisonment for more than 3 months or a fine greater than £500; and
 * (b) section 38 below shall not apply as regards that offence.

(2) In subsection (1) above “fine” includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.

34.—(1) Where under any enactment whether passed before or after the commencement of this Act a magistrates’ court has power to sentence an offender to imprisonment for a period specified by the enactment, or to a fine of an amount specified by the enactment, then, except where an Act passed after 31st December 1879 expressly provides to the contrary, the court may sentence him to imprisonment for less than that period or, as the case may be, to a fine of less than that amount.

(2) Where under any such enactment an offender sentenced on summary conviction to imprisonment or a fine is required to enter into a recognizance with or without sureties to keep the peace or observe any other condition, the court convicting him may dispense with or modify the requirement.

(3) Where under any such enactment a magistrates’ court has power to sentence an offender to imprisonment or other detention but not to a fine, then, except where an Act passed after 31st December 1879 expressly provides to the contrary, the court may, instead of sentencing him to imprisonment or other detention, impose a fine which—
 * (a) for an offence triable either way, shall not exceed the prescribed sum within the meaning of section 32 above; and