removal of caps on fines in the Magistrates' Court
The Government has been given the power under the Legal Aid,
Sentencing and Punishment of Offences Act 2012 to remove or amend
the caps on fines that Magistrates’ Court can impose criminal
offences. Although the Act received Royal Assent on 1 May
2012 these particular changes have not yet been commenced.
However, if and when the changes are brought into force they will
apply across all business sectors and will affect a very wide range
of legislation, including health and safety and environmental
laws.
At present, and since the Health & Safety (Offences) Act
2008 the maximum fine for most health and safety offences where
they are sentenced in the Magistrates’ Court is £20,000
and/or six months imprisonment where an individual has been
convicted.
When section 85(1) of the Legal Aid, Sentencing and Punishment
of Offenders Act 2012 comes into force any offence punishable on
summary conviction, where the fine is currently capped at £5,000 or
a higher amount, will instead face a fine of unlimited
amount. This will not have a retrospective affect.
The removal of the cap was not part of the bill when it was
first laid before Parliament and there was very limited debate on
these changes when the Bill was discussed in Parliament.
However the Government have stated on numerous occasions that it
wishes to encourage the greater use of fines in the Magistrates’
Court and to allow the Magistrates’ Court to deal with more cases
without the need to commit for sentence cases where they consider
that they do not have sufficient power available to them to impose
a proportionate sign on wealthy or corporate offenders and
organisations.
It will be necessary to watch and wait as to when the Government
enacts the appropriate commencement order to bring the section into
force.
