The standard scale is a system whereby financial criminal Criminal law, or penal law, is the bodies of rules with the potential for severe impositions as punishment for failure to comply. Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision , or fines. There are some archetypal crimes, like murder, but the acts that are forbidden penalties (fines The most usual use of the term, fine, relates to a financial punishment for the commission of minor crimes or as the settlement of a claim. A synonym, typically used in civil law actions, is mulct) in legislation Legislation is law which has been promulgated (or "enacted") by a legislature or other governing body, or the process of making it. (Another source of law is judge-made law or case law.) Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation" while it remains under have maximum levels set against a standard scale. Then, when inflation makes it necessary to increase the levels of the fines the legislators A legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people. Legislatures may be supra-national (for example, the United Nations General Assembly), national (for example, the United States Congress), regional (for example, the need to modify only the scale rather than each individual piece of legislation.
In English law English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countriesand the United States . It was exported to Commonwealth countries while the British Empire was established and maintained, and it forms the basis of the jurisprudence of most of those countries. English law prior to, the reference in legislation will typically appear like so:
... liable on summary conviction to imprisonment Incarceration is the detention of a person in jail —typically as punishment for a crime. People are most commonly incarcerated upon suspicion or conviction of committing a crime, and different jurisdictions have differing laws governing the function of incarceration within an larger system of justice. Incarceration serves two essential purposes for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both.
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Legislation and level of fines
Guernsey
Further information: Standard scale#United KingdomGuernsey The Bailiwick of Guernsey is a British Crown Dependency in the English Channel off the coast of Normandy uses the UK standard scale for adopted UK legislation, and its own scale (called the uniform scale) for legislation originating in the States of Guernsey The States of Guernsey is the parliament of the Island of Guernsey. Some laws and ordinances approved by the States of Guernsey apply to Alderney and Sark (the other component parts of the Bailiwick of Guernsey) as 'Bailiwick-wide legislation' with the consent of the governments of those Islands.
Guernsey's dependencies of Alderney Alderney is the most northerly of the Channel Islands and a British Crown dependency. It is part of the Bailiwick of Guernsey. It is 3 miles (4.8 km) long and 1.5 miles (2.4 km) wide. The area is 3 square miles (7.8 km2), making it the third largest island of the Channel Islands, and the second largest in the Bailiwick. It is around 10 miles (16 and Sark Sark is a small island in the Channel Islands in southwestern English Channel. It is a self-governing British crown dependency, with its own set of laws based on Norman law and its own parliament, although for some administrative purposes it is considered a part of the Bailiwick of Guernsey. It has a population of about 600. Sark's main industries have their own distinct scales, although these are generally in-line with the Guernsey scale.
- The Uniform Scale of Fines (Bailiwick of Guernsey) Law 1989
- Criminal Justice Act 1982 (Guernsey) Order 1992
Alderney
- The Uniform Scale of Fines (Alderney) Law 1989 as amended by The Uniform Scale of Fines (Alderney) (Amendment) Ordinance 2007.
Sark
Sark has its own standard scale, which is normally maintained at the same levels as Guernsey's.
- The Uniform Scale of Fines (Sark) Law, 1989 as amended by the Uniform Scale of Fines (Sark) (Amendment) Ordinance, 1992, the Uniform Scale of Fines (Sark) (Amendment) Ordinance, 2004, and the Uniform Scale of Fines (Sark) (Amendment) Ordinance, 2006.
Hong Kong
- Chapter 221 Criminal Procedure Ordinance, section 113B – Levels of fines for offences
- Chapter 221 Criminal Procedure Ordinance, schedule 8 – Level of fines for offences
Fines specified in prior legislation were converted to points on the standard scale by section 113C.
| Hong Kong standard scale | |
|---|---|
| Level on the scale | Maximum fine |
| 1 | HK$ The Hong Kong dollar is the currency of Hong Kong. It is the 9th most traded currency in the world. In English, it is normally abbreviated with the dollar sign $, or alternatively HK$ to distinguish it from other dollar-denominated currencies. The dollar is subdivided into 100 cents$2,000 |
| 2 | $5,000 |
| 3 | $10,000 |
| 4 | $25,000 |
| 5 | $50,000 |
| 6 | $100,000 |
Isle of Man
Further information: Standard scale#United KingdomThe Isle of Man The Isle of Man , otherwise known simply as Mann (Manx: Mannin, [ˈmanɪn]), is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is represented by a Lieutenant Governor. The island is uses the UK standard scale, but only in respect of Acts of Parliament that extend to the Isle of Man. It does not apply to Acts of Tynwald, which instead include specified amounts within the legislation.
- Criminal Justice Act 1982 (An Act of Parliament) as extended to the Island by the Criminal Justice Act 1982 (Isle of Man) Order 1983, and amended by the Criminal Justice Act 1982 (Isle of Man) Order 1992.
Jersey
- The Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993
Above amounts as of 2005[update].
United Kingdom
Schedule 1 to the Interpretation Act 1978 defines "the standard scale" for each United Kingdom jurisdiction Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. The term is also used to denote the geographical area or subject-matter to which such authority with reference to the following statutes.
The "Statutory maximum", which is the maximum fine which can be imposed by a summary court for a triable either way A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment. In the United States, an alternative misdemeanor/felony offense lists both county jail (misdemeanor sentence) and state prison ( statutory offence, is similarly defined in the Interpretation Act so as to correspond to the "prescribed sum" (in effect to the maximum (level 5) fine on the standard scale, except in Scotland).
England and Wales
- Criminal Justice Act 1982, section 37 (as amended by Criminal Justice Act 1991, section 17(1))
Scotland
The setting of the levels of the standard scale of fines in Scotland Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the southwest. In addition to the mainland, Scotland is a matter devolved to the Scottish Government The Scottish Government is the executive arm of the devolved government of Scotland. It was established in 1999 as the Scottish Executive, from the extant Scottish Office, and the term Scottish Executive (or Administration) remains its legal name under the Scotland Act 1998. Following the 2007 Scottish Parliament election, the term Executive was.
- Criminal Procedure (Scotland) Act 1995, section 225
With effect from 10 December 2007, the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 has increased the "prescribed sum", and with it the "statutory maximum" from £5000 to £10000. The level of fines on the standard scale is unaltered. [1]
Northern Ireland
- Fines and Penalties (Northern Ireland) Order 1984, article 5 (as amended by Criminal Justice (Northern Ireland) Order 1994, article 3(2))
Scale
| UK standard scale | |
|---|---|
| Level on the scale | Maximum fine |
| 1 | £ The pound sterling , commonly called the pound, is the official currency of the United Kingdom, its Crown dependencies (the Isle of Man and the Channel Islands) and the British Overseas Territories of South Georgia and the South Sandwich Islands, British Antarctic Territory and Tristan da Cunha. It is subdivided into 100 pence (singular: penny)200 |
| 2 | £500 |
| 3 | £1,000 |
| 4 | £2,500 |
| 5 | £5,000 |
The above amounts apply with respect to offences committed on or after the following dates:
- in England and Wales England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom. Unlike Scotland and Northern Ireland, England and Wales follow the legal system known as English law, and the two form the constitutional successor to the former Kingdom of England and in Scotland, 1 October 1992 (by virtue of Criminal Justice Act 1991 (Commencement No 3) Order 1992)
- in Northern Ireland Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west. At the time of the 2001 UK Census, its population was 1,685,000, constituting about 30% of the island's total population and about 3% of the population of, 9 January 1995 (by virtue of Criminal Justice (1994 Order) (Commencement) Order (Northern Ireland) 1994).
The United Kingdom standard scale was extended in respect of certain offences to two Crown dependencies The Crown Dependencies are possessions of The Crown in Right of the United Kingdom, as opposed to overseas territories of the United Kingdom. They comprise the Channel Island bailiwicks of Jersey and Guernsey in the English Channel, and the Isle of Man in the Irish Sea:
- the Isle of Man, with effect from 1 December 1992 (by virtue of Criminal Justice Act 1982 (Isle of Man) Order 1992)
- Guernsey, with effect from 1 February 1993 (by virtue of Criminal Justice Act 1982 (Guernsey) Order 1992).
Historic
Between 1984 and 1992, the standard scale in England and Wales was as follows:
| Scale between 1984 and 1992 | |
|---|---|
| Level on the scale | Maximum fine |
| 1 | £50 |
| 2 | £100 |
| 3 | £400 |
| 4 | £1,000 |
| 5 | £2,000 |
Zimbabwe
- The Criminal Penalties Amendment Act 2001, took effect from 20 May 2002
Further reading
- Report on the Indexation of Fines (LRC 37-1991), Law Reform Commission of Ireland, 30 October 1991
See also
References
Categories: English law Categories: Common law legal systems | England | Law by country | Law in the United Kingdom
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