Commentary Definitions Subsection (12)
37.Subsection (12)provides a transitional provision in respect of the period before the commencement of section 154(1) of the Criminal Justice Act 2003. At the moment a Magistrates’ Court can only give a penalty of up to six months’ imprisonment. Once section 154(1) is in force this will increase to 12 months’ imprisonment. Subsection (11), which sets out the penalties for the offence, is drafted as if section 154 is in force but as it is not in force a provision is needed to make it clear that, until such time as it is in force, the Magistrates’ Court only has its existing powers to give a penalty of imprisonment.