Page:Criminal Law Act 1977.pdf/72

Section 28.

SCHEDULE 5
Alteration of Penalties on Summary Conviction of Certain Offences Triable Either Way

1.—(1) The 1971 c. 38.Misuse of Drugs Act 1971 shall be amended as follows—

(a) in section 26(3) (which makes provision in relation to the penalties for certain offences under the 1952 c. 44.Customs and Excise Act 1952 where a Class C drug is involved), for the words from “as if” onwards there shall be substituted “as if for the words from ‘shall be liable’ to ‘or to both’ there were substituted the following words, that is to say—

‘shall be liable—

(a) on summary conviction, to a penalty of three times the value of the goods or £500, whichever is the greater, or to imprisonment for a term not exceeding 3 months, or to both;

(b) on conviction on indictment, to a pecuniary penalty of such amount as the court may determine, or to imprisonment for a term not exceeding five years, or to both’,

so however that nothing in this subsection shall be taken to affect the liability of any person to detention under the said section 45(1), 56(2) or 304.”;

(b) in the entries in Schedule 4 showing the punishment that may be imposed on persons summarily convicted of offences mentioned in subparagraph (2)(b) below, for “6 months or £200, or both” there shall be substituted “3 months or £500 or both”; and

(c) in the entry in Schedule 4 relating to section 5(2)—

(i) for “6 months or £400, or both” (being the maximum punishment on summary conviction of an offence under that section where a Class B drug was involved) here shall be substituted “3 months or £500, or both”; and

(ii) for “6 months or £200, or both” (being the maximum punishment on summary conviction of such an offence where a Class C drug was involved) there shall be substituted “3 months or £200, or both”.

(2) The offences to which (as provided in section 28(8) above) section 28(2) above does not apply are—

(a) offences under section 5(2) of the Misuse of Drugs Act 1971 (having possession of a controlled drug) where the controlled drug in relation to which the offence was committed was a Class B or Class C drug:

(b) offences under the following provisions of that Act, where the controlled drug in relation to which the offence was committed was a Class C drug, namely—

(i) section 4(2) (production, or being concerned in the production, of a controlled drug);