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INCREASE OF FINES ACT (NORTHERN IRELAND) 1967 - SECT 1



1.(1) The enactments specified in column 1 of Part I of the Schedule (being
enactments creating the offences broadly described in column 2 of that Part of
the Schedule) shall each have effect as if the maximum fine which may be
imposed on summary conviction for any offence specified in that enactment were
a fine not exceeding the amount specified in column 4 of the Schedule instead
of a fine of, or not exceeding, the amount specified in column 3 of the
Schedule.

(2) The enactments specified in column 1 of Part II of the Schedule (being
enactments which confer power to include in subordinate instruments a
provision imposing a fine on summary conviction for any offence described in
column 2 of that Part of the Schedule) shall each have effect as if the
maximum amount of the fine which may be imposed by any provision contained in
such an instrument and made under that enactment for any offence under the
instrument were that specified in column 4 of the Schedule instead of that
specified in column 3 of the Schedule.

(3) Any subordinate provision in force immediately before the commencement of
this Act under an enactment specified in the said Part II shall, if it
provides that the maximum amount of the fine which may be imposed on summary
conviction for an offence specified in the provision shall be the amount
specified in column 3 of the said Part II, have effect as if the said maximum
amount were the amount specified in column 4 of the said Part II.

(4) Subsection (3) shall have effect subject to any subordinate provision made
under any enactment specified in the said Part II after the commencement of
this Act and shall not apply to any provision contained in an order made under
section 3 of the Plant Health Act (Northern Ireland) 1967.

(5) Subsections (1) to (4) shall not affect the power of a court to impose a
penalty for a continuing offence under any enactment specified in Part I of
the Schedule or any subordinate provision made under an enactment specified in
Part II of the Schedule except where such a penalty is expressly mentioned in
column 3 of the Schedule; nor shall they affect the power of a court to award
imprisonment under any such enactment or provision.

(6) Where any reference is made in column 3 of Part I of the Schedule to a
minimum penalty, the provisions relating to that minimum penalty and to any
mitigation thereof shall cease to have effect.

(7) In this section, "subordinate provision" means provision contained in an
instrument made under an enactment.

(8) Notwithstanding any provision limiting the amount of the fine which may be
imposed on conviction on indictment for an offence under any of the following
enactments:

(a)section 2 of the Public Bodies Corrupt Practices Act 1889 (giving or
receiving bribes in respect of a public servant's performance of his duties);

(b)section 1(1) of the Prevention of Corruption Act 1906 (giving or receiving
bribes in respect of an agent's functions in relation to his principal's
affairs, etc.); and

(c)section 27(1) of the Summary Jurisdiction and Criminal Justice Act
(Northern Ireland) 1958 (forgery of a passport and false statements in
procuring a passport);

(9) Nothing in this section shall affect the amount of the fine which may be
imposed on conviction for an offence committed before the commencement of
this Act.


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© 1967 Crown Copyright

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