Increase of Fines Act (Northern Ireland) 1967
1967 Chapter 29
An Act to provide for the increase and varying of certain pecuniary penalties and for matters connected therewith.
[14th December 1967]
1. Increase of fines.
— (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.
Subs. (2) rep. by 1984 NI 3
(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.
Subs. (4) rep. by 1984 NI 3
(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
1889 c.69
(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
1906 c.34
(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
1958 c.9
(
... false statements in procuring a passport);
the court may on such conviction impose a fine of such amount as the court may think proper, whether greater or less than the amount limited by that provision.
(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.
2. Consequential amendments.
— (1) The Governor may, by Order in Council
— (a)
make such amendments to, and repeals in, the enactments specified in column 1 of Parts I and II of the Schedule as appear to him to be necessary as a result of the increase and variation of the penalties specified in column 3 thereof as are effected by section 1 and by column 4 of the said Parts I and II; and
(b)
make such amendments to, and repeals in, the enactments specified in section 1(8) as appear to him to be necessary as a result of the provisions of the said section 1(8).
(2) No recommendation shall be made to the Governor in Council to make an Order in Council under this section unless a draft of the Order has been laid before Parliament and approved by a resolution of each House of Parliament. 3. Short title.
— (1) This Act may be cited as the Increase of Fines Act (Northern Ireland) 1967.
(2) Commencement
SCHEDULE
Section 1.
INCREASE AND VARIATION OF FINES
The new fines are noted at the relevant enactments
