The standard scale is a system in
Commonwealth
A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with " republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from th ...
law whereby financial
criminal
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
penalties (
fines) in
legislation
Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to ...
have maximum levels set against a standard scale. Then, when inflation makes it necessary to increase the levels of the fines the
legislator
A legislator (also known as a deputy or lawmaker) is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are often elected by the people of the state. Legislatures may be supra-national (for e ...
s need to modify only the scale rather than every individual piece of legislation.
In
English law, the reference in legislation will typically appear as:
Legislation and level of fines
Australia
In
Australia, the monetary fines for a breach of law is determined by however many penalty units the offence is worth, times the value of that jurisdiction's penalty unit. All states and territories set their own penalty unit values, which is supplemented by the federal penalty unit for federal offences.
Channel Islands
Guernsey
Guernsey 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 (french: États de Guernesey), sometimes referred to as the Government of Guernsey, is the parliament and government of the British Crown dependency of Guernsey. Some laws and ordinances approved by the States of Guer ...
.
Guernsey's dependencies of
Alderney
Alderney (; french: Aurigny ; Auregnais: ) is the northernmost of the inhabited Channel Islands. It is part of the Bailiwick of Guernsey, a British Crown dependency. It is long and wide.
The island's area is , making it the third-larges ...
and
Sark
Sark (french: link=no, Sercq, ; Sercquiais: or ) is a part of the Channel Islands in the southwestern English Channel, off the coast of Normandy, France. It is a royal fief, which forms part of the Bailiwick of Guernsey, with its own set of l ...
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''.
Isle of Man
Since 1 January 2018, for
Acts of Tynwald
An Act of Tynwald is a statute passed by Tynwald, the parliament of the Isle of Man.
Structure
Acts of Tynwald are structured in a similar format to Acts of the Parliament of the United Kingdom.
Commencement
Originally, each Act began with the f ...
the
Isle of Man
)
, anthem = " O Land of Our Birth"
, image = Isle of Man by Sentinel-2.jpg
, image_map = Europe-Isle_of_Man.svg
, mapsize =
, map_alt = Location of the Isle of Man in Europe
, map_caption = Location of the Isle of Man (green)
in Europ ...
uses a standard scale introduced by Section 55 of the Interpretation Act 2015. It replaced specified amounts specified within each piece of legislation.
''Above amounts .''
In respect of Acts of Parliament that extend to the Isle of Man the UK standard scale is used.
* Interpretation Act 2015 (An Act of Tynwald)
*
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
*
Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993
* Criminal Justice (Miscellaneous Provisions) (Jersey) Law 2016
''Above amounts .''
Historic
United Kingdom
Schedule 1 to the
Interpretation Act 1978
The Interpretation Act 1978 is an Act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subo ...
defines "the standard scale" for each
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Ju ...
with reference to the following statutes.
The "
statutory maximum The prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates. In Scotl ...
", which is the maximum fine which can be imposed by a summary court for a
triable either way statutory offence, is similarly defined by the
Interpretation Act 1978
The Interpretation Act 1978 is an Act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subo ...
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. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to th ...
is a matter devolved to the
Scottish Government.
*
Criminal Procedure (Scotland) Act 1995, section 225
With effect from 10 December 2007, the
Criminal Proceedings etc. Reform (Scotland) Act 2007 increased the "prescribed sum", and with it the "statutory maximum" from £5,000 to £10,000. The level of fines on the standard scale was unaltered.
Northern Ireland
*
Fines and Penalties (Northern Ireland) Order 1984 Fines may refer to:
*Fines, Andalusia, Spanish municipality
*Fine (penalty)
* Fine, a dated term for a premium on a lease of land, a large sum the tenant pays to commute (lessen) the rent throughout the term
*Fines, ore or other products with a sma ...
, article 5 (as amended by
Criminal Justice (Northern Ireland) Order 1994
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the Rehabilitation (penology), rehabilitation of o ...
, article 3(2))
Scale
The above amounts apply with respect to offences committed on or after the following dates:
* in
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is ...
and in Scotland, 1 October 1992 (by virtue of Criminal Justice Act 1991 (Commencement No 3) Order 1992)
* in
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. North ...
, 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 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).
= Historical
=
Before March 2015, the level 5 limit was £5,000. This limit was removed by section 85 of the
Legal Aid, Sentencing and Punishment of Offenders Act 2012.
[Subsections 1, 2 and 4, brought into force on 12 March 2015 b]
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 11) Order 2015
/ref> The level 1–4 limits were unaffected.
Between 1984 and 1992, the standard scale in England and Wales was as follows:
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.
''Above amounts .''
Zimbabwe
* 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
* Penalty unit
A penalty unit (PU) is a standard amount of money used to compute penalties for many breaches of law in Australia at both the federal, and state and territory level. Fines are calculated by multiplying the value of a penalty unit by the number o ...
References
* {{cite book
, last1 = Ormerod , first1 = David
, last2 = Hooper, Rt Hon Lord Justice
, title = Blackstone's Criminal Practice 2010
, location = Oxford
, publisher = Oxford University Press
Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print book ...
, year= 2009
, isbn = 978-0-19-957424-7
English law
Sentencing (law)