This article was produced by Nabarro LLP, which joined CMS on 1 May 2017.
Summary and implications
In short, magistrates' courts are no longer restricted to certain caps when imposing fines in relation to offences committed on or after 12 March 2015.
The law
Sub-sections (1), (2) and (4) of section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 were brought into force on 12 March 2015, and relate to fines and maximum fines which may be imposed on summary conviction in the magistrates' court.
The effect of this is that:
- where, on 12 March 2015, an offence would be punishable on summary conviction in the magistrates' court by a fine of £5,000 or more (however expressed), the offence is now punishable by an unlimited fine; and
- any new offence punishable on summary conviction may be subject to an unlimited fine.
The removal of the cap on maximum fines for summary conviction does not apply to:
- fines for offences committed before 12 March 2015;
- the operation of restrictions on fines that may be imposed on a person aged under 18; or
- fines that may be imposed on a person convicted by a magistrates' court who is to be sentenced as if convicted on indictment.
What is a summary offence?
A summary offence is a criminal offence that is triable (summarily) in the magistrates' court. By way of example, summary offences include:
- a number of offences under the Health and Safety at Work etc. Act 1974;
- environmental offences;
- fire safety offences; and
- certain driving offences.
Previous position
Fines relating to many summary offences were previously capped at statutory maximums of £5,000 or a specified higher amount (i.e. a number of health and safety offence fines were capped at £20,000) when sentenced in the magistrates' courts. This element of certainty has now been removed, and it cannot yet be known how magistrates' courts will use their new unlimited sentencing powers.
This shift appears to reflect the attitude taken by the crown court in recent years that fines should be proportionate to the size of the offender in financial terms. It is also likely to reduce the number of allocations and committals to the crown court where the sentencing powers of the magistrates' court were previously insufficient (i.e. the statutory maximum fine was not sufficient for the offence committed).
The standard scale
The standard scale of fines for summary offences is contained in section 37(2) of the Criminal Justice Act 1982. Any reference in an enactment to a person convicted of a summary offence being liable to a fine or maximum fine on the "standard scale" is reference to the standard scale in section 37(2). The scale is currently as follows:
Level 1: £200
Level 2: £500
Level 3: £1,000
Level 4: £2,500
Level 5: £5,000
The change outlined earlier in this briefing does not remove the limit on fines capped at a lesser amount than £5,000. However, offences that were subject to a maximum fine of level 5 on the standard scale (£5,000), as at 12 March 2015, will now be punishable by an unlimited fine. Offences that are subject to a maximum fine by reference to levels 1 to 4 on the standard scale will not be subject to an unlimited fine.
It is anticipated that further legislative changes will increase the statutory maximum amounts listed on the standard scale by around 300 per cent, although there is no indication as to when this may happen.
