Commentary on sections Section 16: Penalties
60.This section sets out the penalties for offences under the Act as being either a fine or imprisonment. "Summary conviction" means that a prosecution is dealt with by magistrates courts (or, in Scotland by the sheriff or district court, without a jury). "Conviction on indictment" means that prosecution is dealt with in the Crown Court (or, in Scotland the sheriff or High Court with a jury).  The penalty for obstructing an officer is a fine not exceeding level 3 on the standard scale; any other offences are punishable on summary conviction by a fine not exceeding level 5 on the standard scale, up to six months imprisonment, or both; and on indictment an unlimited fine, up to two year's imprisonment, or both. A fine at level 3 is currently £1000 and at level 5, £5000.
61.The Government would expect most offences to be dealt with summarily, as they would not be of the gravity or seriousness which would merit being tried on indictment.  However, the possibility of a longer term of imprisonment and unlimited fines are being made available to ensure that those who might be tempted to breach the legislation repeatedly would face appropriate penalties.