Criminal Proceedings etc.

On 10th December 2007 the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 will come into force. Sections 45, 47 and 48 of the Act will have the effect of changing the maximum penalties available to a Sheriff for all summary offences in Scotland only.

The changes apply to all offences triable either on indictment, or by summary compliant and all legislation passed prior to 18th January 2007 for which the maximum penalty for summary conviction (Sheriff's Court) is imprisonment for less than 12 months.

It also has the affect of providing powers to Scottish Ministers to create either way offences with maximum penalties for summary offences of 12 months imprisonment.

All references to the term “level 5 on the standard scale” contained in either way offences will be amended to read “the statutory maximum”. This statutory maximum has been changed to increase the maximum fine on summary conviction from £5000 to £10,000.

These changes were not designed to result in the courts raising the level of fines for food related offences. They are being specifically introduced to allow the Crown Office to direct more offences along the route of summary proceedings, rather than resulting in a full jury trail. Sheriff's will be able to award higher fines for summary offences and this should relieve the pressure in the system and allow for cases to be processed more efficiently with the Sheriff sitting alone.

This change will create a differential between penalties for hygiene and welfare offences committed north or south of the border.

Yours sincerely
Jane Downes
Veterinary Director
Meat Hygiene Service