Part 4: Medical Devices Chapter 3: Enforcement Section 28: Offences
Section 28 sets out the offence provisions in relation to enforcement notices. Subsection (1) provides that the breach of any of the enforcement notices (a compliance notice, suspension notice, safety notice and information notice) is an offence.
	Subsection (2) outlines the convictions a person may receive if guilty of an offence. These are:
As a result of a summary conviction in England and Wales, which is an offence that is only triable in a magistrates court, and is often summarised without the need for trial, a person can be imprisoned for up to 51 weeks, receive a fine, or both.
As a result of a summary conviction in Scotland or Northern Ireland, a person can be imprisoned for up to 6 months, or receive a fine not exceeding £5,000 (level 5 of the standard scale), or both. A level 5 on the standard scale references the scale of fines for summary offences as outlined in the Criminal Justice Act 1982.
	Subsection (3) outlines that the maximum 51 weeks imprisoned outlined in paragraph(a) is to be read as 6 months if the offence is committed before section 281(5) of the Criminal Justice Act 2003 is commenced.
Example (10): Section 281(5) of the Criminal Justice Act 2003
Section 281(5) of the Criminal Justice Act 2003, yet to be commenced, provides for an increase in magistrates’ sentencing powers so as to enable them to impose custodial sentences of up to and including 12 months for one offence.
The increase was originally intended to accompany a new sentence called "custody plus" which has not been implemented.