460.This section makes it an offence for a person to fail to comply with an information notice, or compliance notice given to them. It also makes it an offence for a person to contravene a prohibition or restriction in a prohibition notice, and to fail to comply with section 98(6) (steps to be taken by the recipient of a prohibition notice). Subsection (2) provides that it is a defence for a person to prove that the person has a reasonable excuse for the failure or contravention.
461.If a person is found guilty of an offence under subsection (1) in a magistrates’ court, the court may impose a fine or a term of imprisonment, or both. There is no maximum limit on the amount of the fine. The maximum term of imprisonment is 12 months (which is the “applicable limit” set out in section 224(1A) (b) of the Sentencing Code, contained in the Sentencing Act 2020 (c. 17)).
462.If a person is found guilty of an offence under subsection (1) in the Crown court, the court may impose a fine or a term of imprisonment, or both. There is no maximum limit on the amount of the fine. The maximum term of imprisonment is 2 years.
463.A person who has been convicted of an offence under subsection (1), commits a further offence if the failure or contravention continues after the conviction (subsection (4)).
464.An offence under subsection (4) would be tried in a magistrates’ court. If found guilty of the further offence the person may be fined for each day on which the contravention continues (subsection (5)). The standard scale of fines is set out in section 122 of the Sentencing Act 2020.
Commentary on Sections Powers of enforcing authorities to give notices Section 101 - Notices: offences