Schedule 8: Costs in criminal cases: service courts Part 3: Sentencing and punishment of offenders Fines Section 86: Power to increase certain other fines on conviction by magistrates’ court
472.Section 86 makes provision in relation to fines or maximum fines of fixed amounts which are less than £5,000. (Such fines are not affected by section 85(1) or (2). Nor are they affected by the powers in section 88, which only relate to amounts expressed as levels 1 to 4 on the standard scale.)
473.Subsections (1) and (2) provide that the Secretary of State may make regulations in respect of relevant offences which are punishable by a fine of a fixed amount (i.e. a sum set out as a figure in the legislation) of less than £5,000. The regulations may specify or describe an amount in place of the original amount.
474.Subsections (3) and (4) provide that the Secretary of State may make regulations in respect of powers to create offences which are punishable by a fine of a fixed amount (i.e. a sum set out as a figure in the legislation) of less than £5,000. The regulations may specify or describe an amount in place of the original amount.
475.Subsection (5) provides that the amount which may be specified or described may not exceed the greater of £5,000 or the sum specified as level 4 on the standard scale. (Section 88 gives the Secretary of State powers to amend levels 1 to 4 on the standard scale.)
476.Subsection (6) sets out a series of limitations on the powers in this section. These limitations relate to fines for offences committed before the day on which section 85(1) comes into force, to the operation of restrictions on fines that may be imposed on a person under 18, and to fines imposed by a Crown Court following committal for sentence from the magistrates’ court, where the Crown Court is exercising its own sentencing jurisdiction.
477.Subsections (7) and (8) make further provision about the scope of the powers to make regulations in this section.
478.Subsections (9) and (10) provide that regulations made under this section are to be made by statutory instrument, using the affirmative resolution procedure.
479.Subsection (11) makes particular provision to deal with the possibility that the power under the Criminal Justice Act 1982 to raise the sum specified as level 5 on the standard scale to reflect increases in the value of money may be exercised before the day on which section 86(1) comes into force. It provides that, if that happens, references in this section to £5,000 have effect as if they were references to the new sum.