Search

BLOG

Changes in Maximum Fines That Can Be Imposed By Magistrates’ Courts

Blog image

On 12 March 2015 Section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012 came into force.  The aim of this section is to give more power to magistrates’ courts by removing the upper limit on the size of fine they can impose, in order to free up Crown Courts to sentence the more serious offences.  Its effects are likely to be significant in cases where companies of substance are prosecuted and convicted.

What areas of law are affected?

Section 85 entirely removes the present upper limit on fines which can be imposed in a magistrates' court in almost all cases where the present maximum fine is £5,000 or more.  This will affect in particular:

The effect is that magistrates will be able to impose a fine of an unlimited amount when sentencing summarily.  If an offence can be tried either by magistrates or in the Crown Court, if the defendant decides to plead guilty at magistrates' appearance, they are highly likely to be sentenced in the magistrates' court under the new provisions.

Are there any limitations on Section 85?

The Criminal Practice Direction XIII Annex 3 directs that cases involving among other things death or major environmental damage and/or which are of great public interest should be committed to the Crown Court by the magistrates.

The new power to impose an unlimited fine on summary sentencing applies only to offences committed on or after 12th March 2015.  Offences committed before that date will continue to be sentenced on the basis of the maximum fine available to magistrates (typically £5,000, £20,000 or £50,000) under the previous regime.

If you wish to find out more about how Section 85 LASPO could affect your organisation please phone our London office on 0207 993 6960.

Fisher Scoggins Waters is a leading construction, engineering and manufacturing litigation firm, specialising in disputes and disasters. For further information on this article or any of our litigation services, please contact us on: +44 (0) 207 993 6960.

Follow our company page on linkedin for future updates and our views on the latest developments

Categories: FSW News

Please leave a comment

Enter the name you would like to appear on the comment.
(required)
Enter the email you would like to use to get updates. You email is not visible and can not be used by other users.
(required)
Enter you comment help.

 
  Post Comment

Book Launch - 27 November 2019

Will you be joining us?

HSE and Environment Agency prosecution: A new climate

27 November 2019 | Bloomsbury, 50 Bedford Square, London, WC1B 3DP

Event Registration

First name
Surname
Email address
Any additional information
Post/Event URL
Post/Event Title
CAPTCHA image
Enter the code shown above in the box below.

Tag Cloud

‘fit for purpose’ obligations 2016 Adjudication adjudication lawyer Adjudication Notice Adjudication process appeal appointing an adjudicator Arbitration Artificial Intelligence Asbestos benefits of off-site construction bonfires book launch breach of contract Brexit Building Defects business interruption Business Interruption Insurance CDM CDM Regulations chambers and partners Charlotte Waters civil proceedings claim payments Claims client COMAH commercial contracts complex construction claims Compliance compulsory sprinklers in warehouses consequential loss construction Construction Construction & Engineering construction contract Construction contract dispute Construction contracts Construction dispute construction dispute lawyer construction dispute resolution construction dispute resolution solicitor construction dispute solicitors Construction Disputes Resolution Construction industry Construction Magazine contracts Contribution claim Corporate Manslaughter Corporate Responsibility costs criminal investigation criminal proceedings cut out fuse Defective Building Work Defective Premises Act developer developers disadvantages of off-site construction Disaster disaster claim Disasters Dispute dispute resolution Disputes DPA Dr Louise Smail Emergency response Emergency Response Solicitors enforcement notices Engineering Engineering dispute Environment Agency environment law Environmental Environmental Agency Environmental damage Environmental Law environmental waste EU EU Procurement Europe Evidence Expert evidence expert witness falls from height Fatal Accidents fee for intervention Fees For Intervention FFI FIDIC Contracts fine Fines Fire Fire Claim fire claims fire damage fire damage lawyers fire sprinkler systems fireworks flood flood claim flood damage food hygiene Fracking fracking claims Fraudulent claims FSW Gross Negligence Manslaughter Guide to Adjudication H&S fine increases; health and safety fines; Health & Safety health & safety breach health & safety sentences health & safety sentencing guidelines health & safety sentencing large corporations health and safety health and safety Health and Safety Executive heave Higher Fines Honey Rose v R How to appoint an adjudicator HSE Insolvency insolvent insurance Insurance Act 2015 insurance bill Insurance Broker insurance claim insurance cover Insurance Disclosure Insurance Disclosure insurance dispute insurance dispute solicitors Insurance Warranties ISO 45001 join us joint venture Judicial Review latest news Law Lawyer legal 500 legal advice privilege Legal Expense Insurance legal professional privilege legal retainers Liability Liquidated Damages Litigation litigation privilege local bodies magistrates’ courts Major Property Damage Manufacturing Martinisation material breach Mediation Michael Appleby Micheal appleby modern methods of construction (MMC) modular construction Mr. Gutaj Notice of adjudication panel firms party wall Performance Bond planning powers of an adjudicator pre-fabrication procurement procurement injunction procurement model Property Damage property danage Public Contract Public Contracts Public Contracts Regulations public procurement public procurement challenges public procurement relationship public sector Publicity Order PUWER recruitment regulation 11 Relief Resolution riot Riot Compensation Act 2016 Risk Risk Assessment safety in the workplace Sanctions Self-build sentence sentencing sentencing guidelines Serious Fraud Office SME Sneller Sony specialist risk and safety consultant Statute Barred Sub-Contractors subrogation subsidance subsidence TCC TCC Guidance team Technology and Construction Court The Adjudicator’s Decision and Costs The Enterprise Act The Lord Young Reforms The Powers Of An Adjudicator The Public Contracts Regulations 2015 The referral notice and response Training tree root UK Underwriters Warehouse insurance Warranties waste water damage WEEE What is Adjudication? what should an adjudication refal notice contain work equipment

Search The Site

Accreditations

 

The Legal 500 - The Clients Guide to Law Firms


Contact Us Now For Advice And Guidance

Enter your name
Enter your surname
Enter your Email
Ask us a Question?