Fines now unlimited!

11^th March marked the commencement date for the s.85 Legal Aid, Sentencing and Punishment of Offenders Act 2012. 

The principal effect is to remove the former ‘cap’ applicable to fines issued by the Magistrates’ Court for hundreds of offences.

 In terms of the Licensing Act 2003 fines which were formerly limited to either £5,000 or £20,000 are no longer capped allowing Magistrates’ to hand out unlimited fines. This would allow Courts to reflect aggravating factors and the ability of defendants to pay through the fines they order.  These changes are applicable in England & Wales.

 This revision only applies to offences committed today or in the future and is not retrospective. Some of the offences now with unlimited fines now under the Licensing Act are:

• s.136 – Unauthorised Licensable Activities (previously £20,000)
• s.146 – Sale of alcohol to children (previously £5,000)
• s.147 – Allowing the sale of alcohol to children (previously £5,000)
• s.147A – Persistently selling alcohol to children (previously £20,000)
• s.150 – Knowingly allowing the consumption of alcohol on relevant premises by children (previously £5,000)

The Licensing Act is obviously not the only legislation affected although there is a power to exempt certain offences from these changes. Here is a link to the relevant s.85 and the relevant statutory instrument providing details of which offences are and are not affected.