Standard scale
Encyclopedia
The standard scale is a system whereby financial criminal
penalties (fines) in legislation
have maximum levels set against a standard scale. Then, when inflation makes it necessary to increase the levels of the fines the legislator
s need to modify only the scale rather than each individual piece of legislation.
In English law
, the reference in legislation will typically appear like so:
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
.
Guernsey's dependencies of Alderney
and Sark
have their own distinct scales, although these are generally in-line with the Guernsey scale.
Sark has its own standard scale, which is normally maintained at the same levels as Guernsey's.
Fines specified in prior legislation were converted to points on the standard scale by section 113C.
The Isle of Man
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.
Above amounts .
jurisdiction
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
statutory offence, is similarly defined by the Interpretation Act 1978 so as to correspond to the "prescribed sum
" (in effect to the maximum (level 5) fine on the standard scale, except in Scotland).
The setting of the levels of the standard scale of fines in Scotland
is a matter devolved to the Scottish Government.
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.
The above amounts apply with respect to offences committed on or after the following dates:
The United Kingdom standard scale was extended in respect of certain offences to two Crown dependencies
:
Between 1984 and 1992, the standard scale in England and Wales was as follows:
Also these fines can often only be enforced by the Crown Court.
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
penalties (fines) in legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
have maximum levels set against a standard scale. Then, when inflation makes it necessary to increase the levels of the fines the legislator
Legislator
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...
s need to modify only the scale rather than each individual piece of legislation.
In English law
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 countries and the United States except Louisiana...
, the reference in legislation will typically appear like so:
Guernsey
Guernsey
Guernsey
Guernsey, officially the Bailiwick of Guernsey is a British Crown dependency in the English Channel off the coast of Normandy.The Bailiwick, as a governing entity, embraces not only all 10 parishes on the Island of Guernsey, but also the islands of Herm, Jethou, Burhou, and Lihou and their islet...
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
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 also apply to Alderney and Sark as "Bailiwick-wide legislation" with the consent of the governments of those islands...
.
Guernsey's dependencies of Alderney
Alderney
Alderney is the most northerly of the Channel Islands. It is part of the Bailiwick of Guernsey, a British Crown dependency. It is long and wide. The area is , making it the third-largest island of the Channel Islands, and the second largest in the Bailiwick...
and Sark
Sark
Sark is a small island in the Channel Islands in southwestern English Channel, off the French coast of Normandy. It is a royal fief, geographically located in the Channel Islands in the Bailiwick of Guernsey, with its own set of laws based on Norman law and its own parliament. It has a population...
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$ Hong Kong dollar The Hong Kong dollar is the currency of the jurisdiction. It is the eighth 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... $2,000 |
| 2 | $5,000 |
| 3 | $10,000 |
| 4 | $25,000 |
| 5 | $50,000 |
| 6 | $100,000 |
Isle of Man
The Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann 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
| Jersey standard scale | |
|---|---|
| Level on the scale | Maximum fine |
| 1 | £ Pound sterling The pound sterling , commonly called the pound, is the official currency of the United Kingdom, its Crown Dependencies 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... 50 |
| 2 | £500 |
| 3 | £2,000 |
| 4 | £5,500 |
Above amounts .
United Kingdom
Schedule 1 to the Interpretation Act 1978 defines "the standard scale" for each United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
jurisdiction
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...
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
Hybrid offence
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...
statutory offence, is similarly defined by the Interpretation Act 1978 so as to correspond to the "prescribed sum
Prescribed sum
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 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
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...
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 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.
Northern Ireland
- Fines and Penalties (Northern Ireland) Order 1984, article 5 (as amended by Criminal Justice (Northern Ireland) Order 1994, article 3(2))
Scale
| standard scale | |
|---|---|
| Scale Level | Maximum fine |
| 1 | £ Pound sterling The pound sterling , commonly called the pound, is the official currency of the United Kingdom, its Crown Dependencies 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... 200 |
| 2 | £500 |
| 3 | £1,000 |
| 4 | £2,500 |
| 5 | £5,000 |
| 6 | £25,000 (by courts only) |
The above amounts apply with respect to offences committed on or after the following dates:
- in England and WalesEngland and WalesEngland and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
and in Scotland, 1 October 1992 (by virtue of Criminal Justice Act 1991 (Commencement No 3) Order 1992)
- in Northern IrelandNorthern IrelandNorthern 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...
, 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
Crown dependency
The Crown Dependencies are British possessions of the Crown, 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 |
Also these fines can often only be enforced by the Crown Court.
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