Commentary on Sections Part 12 - Sentencing Chapter 8: Other Provisions about sentencing Section 281: Alteration of penalties for other summary offences
626.This section provides for the alteration of penalties for certain summary offences. Subsections (1) to (3) enable the Secretary of State to amend by order the maximum penalties for summary only offences currently carrying a maximum custodial penalty of five months or less. Under subsection (1) such amendments may be made only in relation to offences which are not listed in Schedule 25 or 26 and are contained either in an Act passed before or in the same Session as this Act, or any subordinate legislation made before the passing of this Act. In such cases the Secretary of State may (by order) either remove imprisonment as a penalty for the offence or raise the maximum penalty for the offence to 51 weeks imprisonment. Subsections (4) and (5) provide for all summary offences contained in Acts passed before or in the same Session as this Act with a maximum penalty of six months imprisonment to have this maximum penalty raised automatically to 51 weeks. Subsection (6)ensures that any alteration of penalties made under this section does not affect the penalty for any offence committed before the commencement of this section.