Commentary on Sections Restrictions Section 6: Criminal penalties
67.This section sets limits on the order-making powers in relation to criminal offences and penalties. An order under this Part cannot create a new offence with penalties exceeding those set out in subsections (1) to (3). Nor may it increase the penalty for an existing offence so as to exceed those limits. Subsections (4) and (5) contain transitional provisions until the coming into force of the relevant provisions of the Criminal Justice Act 2003.
68.The maximum penalty that can be imposed when an offender is convicted on indictment is two years imprisonment.
69.The maximum custodial sentence that can be imposed when an offender is convicted summarily is:
	in the case of a summary offence tried in England and Wales, fifty one weeks;
	in the case of an either way offence tried in England and Wales, twelve months;
	in the case of Scotland or Northern Ireland, six months.
70.However, if an order is made before the day on which section 281(5) of the Criminal Justice Act 2003 comes into force, the order must provide that for any summary offence which is committed before that day, any reference in the order to a term of imprisonment of fifty one weeks must be read as a reference to the current lower maximum of six months: subsection (4).
71.Similarly, if an order is made before the day on which section 154(1) of the Criminal Justice Act 2003 comes into force, the order must provide that for any offence triable either way which is committed before that day, any reference in the order to a term of imprisonment of twelve months must be read as a reference to the current lower maximum of six months: subsection (5).
72.The maximum fine that can be imposed when an offender is convicted summarily is provided for by subsections (1)(b)(ii) and (3).
73.The restrictions in this section do not apply where the provision made is merely restating an enactment.