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Criminal Justice and Public Order Act 1994 (c. 33)

(The document as of February, 2008)

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(5) In subsection (2A), after the words "subsection (1)" there shall be inserted the words "or (1A)".

(6) In subsections (3) and (4), after the words "a magistrates' court" or "the court" wherever they occur there shall be inserted the words "or justice, as the case may be,".

43 (1) Section 128 of the 1980 Act (remand in custody or on bail) shall be amended as follows.

(2) In subsection (1)(b), for the words "inquiring into or" there shall be substituted the words "proceeding with a view to transferring the proceedings against that person for trial or is".

(3) In subsections (1A), (3A), (3C) and (3E), for the words "section 5" there shall be substituted the words "section 4(4)".

(4) In subsection (4)--

(a) for the words from "during an inquiry" to the words "committed by him" there shall be substituted the words "when it is proceeding with a view to transfer for trial"; and

(b) in paragraph (c)--

(i) for the word "hearing" there shall be substituted the word "proceedings"; and

(ii) for the words from "person" to "committed" there shall be substituted the words "proceedings against the person so bailed being transferred".

44 In section 129 of the 1980 Act (further remand), in subsection (4)--

(a) for the words from "commits" to "bail" there shall be substituted the words "transfers for trial proceedings against a person who has been remanded on bail"; and

(b) for the words "so committed" there shall be substituted the words "in respect of whom proceedings have been transferred".

45 In section 130 of the 1980 Act (transfer of remand hearings), in subsection (1), for the words "section 5" there shall be substituted the words "section 4(4)".

46 In section 145(1)(f) of the 1980 Act (rules: supplementary provisions), for the word "committed" there shall be substituted the words "in respect of whom proceedings have been transferred".

47 (1) Schedule 3 to the 1980 Act (corporations) shall be amended as follows.

(2) In paragraph 1(1), for the words "commit a corporation" there shall be substituted the words ", in the case of a corporation, transfer the proceedings".

(3) In paragraph 2(a), for the words from "a statement" to "to" there shall be substituted the words "an application to dismiss".

(4) In paragraph 6, for the words "inquiry into," there shall be substituted the words "transfer for trial".

48 In paragraph 5 of Schedule 5 to the 1980 Act (transfer of remand hearings), for the words "sections 5" there shall be substituted the words "sections 4(4)".



Criminal Attempts Act 1981 (c. 47.)

49 In section 2(2)(g) of the Criminal Attempts Act 1981 (application of procedural and other provisions to attempts), the words "or committed for trial" shall be omitted.



Contempt of Court Act 1981 (c. 49.)

50 In section 4(3)(b) of the Contempt of Court Act 1981 (contemporary reports of proceedings)--

(a) for the words "committal proceedings" there shall be substituted the words "an application for dismissal under section 6 of the Magistrates' Courts Act 1980"; and

(b) for the words from "subsection (3)" to "1980" there shall be substituted the words "subsection (5) or (7) of section 8A of that Act".



Supreme Court Act 1981 (c. 54)

51 In section 76 of the 1981 Act (alteration of place of Crown Court trial)--

(a) in subsection (1), for the words from "varying the decision" to the end there shall be substituted the words "substituting some other place for the place specified in a notice relating to the transfer of the proceedings to the Crown Court or by varying a previous decision of the Crown Court";

(b) in subsection (3), for the words from the beginning to the words "varying the place of trial;" there shall be substituted the following words-- " If he is dissatisfied with the place of trial--

(a) the defendant may apply to the Crown Court for a direction, or further direction, varying the place of trial specified in a notice relating to the transfer of the proceedings to the Crown Court or fixed by the Crown Court, or

(b) the prosecutor may apply to the Crown Court for a direction, or further direction, varying the place of trial specified in a notice given by the magistrates' court under section 7 of the Magistrates' Courts Act 1980 or fixed by the Crown Court; " ; and

(c) after subsection (4) there shall be inserted the following subsection--

" (5) In this section any reference to a notice relating to the transfer of proceedings to the Crown Court is a reference to the notice given by the magistrates' court under section 7 of the [1980 c. 43.] Magistrates' Courts Act 1980 or by the prosecutor under section 4 of the [1987 c. 38.] Criminal Justice Act 1987 or section 53 of the [1991 c. 53.] Criminal Justice Act 1991. " .

52 (1) Section 77 of the 1981 Act (date of Crown Court trial) shall be amended as follows.

(2) In subsection (1), for the words from "a person's committal" to "beginning of the trial" there shall be substituted the words "the transfer of proceedings for trial by the Crown Court and the beginning of the trial;".

(3) In subsection (2)--

(a) for the words preceding paragraph (a) there shall be substituted the words "The trial of a person on charges the proceedings on which have been transferred for trial to the Crown Court--"; and

(b) in paragraph (a), for the words "his consent" there shall be substituted the words "the consent of the person charged".

(4) In subsection (3), for the word "committal" there shall be substituted the word "transfer".

(5) After subsection (3) there shall be inserted the following subsections--

" (4) Where a notice of the prosecution case has been given in respect of any proceedings, the Crown Court before which the proceedings are to be tried shall, in exercising any of its powers in relation to the proceedings, have regard to the desirability of avoiding prejudice to the welfare of any witness that may be occasioned by unnecessary delay in bringing the proceedings to trial.

(5) In this section references to the transfer of proceedings for trial are references to a transfer by a magistrates' court under section 7 of the Magistrates' Courts Act 1980 or by the prosecutor under section 4 of the Criminal Justice Act 1987 or section 53 of the Criminal Justice Act 1991 and the date of transfer for trial is the date on which the transfer is effected under the said section 7 or, where the transfer is by the prosecutor, the date specified in his notice of transfer. " .

53 In section 80(2) of the 1981 Act (process to compel appearance before Crown Court), for the words from "the person" to "committed" there shall be substituted the words "proceedings against the person charged have not been transferred".



Criminal Justice Act 1982 (c. 48.)

54 In section 1(2) of the 1982 Act (restrictions on custodial sentences for persons under 21)--

(a) the words "trial or" shall be omitted; and

(b) after the word "sentence" there shall be inserted the words "or ordered to be safely kept in custody on the transfer of proceedings against him for trial".

55 In section 3(2) of the 1982 Act (restriction on imposing custodial sentences on persons under 21 not legally represented)--

(a) for the words "or trial" there shall be substituted the words "or in respect of whom proceedings have been transferred to the Crown Court for trial"; and

(b) after the words "committed him" there shall be inserted the words "or transferred proceedings against him".



Mental Health Act 1983 (c. 20.)

56 (1) Section 52 of the 1983 Act (provisions relating to persons remanded by magistrates' courts) shall be amended as follows.

(2) In subsection (2), for the words from "accused" to "or" there shall be substituted the words "court, on transferring proceedings against the accused to the Crown Court for trial, orders him to be safely kept in custody, or commits the accused in custody to the Crown Court".

(3) In subsection (5), after the words "expired or that" there shall be inserted the words "proceedings against the accused are transferred to the Crown Court for trial or".

(4) In subsection (6), after the word "If" there shall be inserted the words "proceedings against the accused are transferred to the Crown Court for trial or".

(5) In subsection (7)--

(a) for the words from "inquire" to "into" there shall be substituted the words "proceed with a view to transferring for trial proceedings for"; and

(b) for the words from "commit" to "1980" there shall be substituted the words "transfer proceedings against him for trial".



County Courts Act 1984 (c. 28.)

57 In section 57(1) of the 1984 Act (evidence of prisoners), for the words "under committal" there shall be substituted the words "following the transfer of proceedings against him".



Police and Criminal Evidence Act 1984 (c. 60.)

58 In section 62(10)(a) of the Police and Criminal Evidence Act 1984 (power of court to draw inferences from failure of accused to consent to provide intimate sample), for sub-paragraph (i) there shall be substituted the following sub-paragraph--

" (i) whether to grant an application for dismissal made by that person under section 6 of the Magistrates' Courts Act 1980 (application for dismissal of charge in course of proceedings with a view to transfer for trial); or " .



Prosecution of Offences Act 1985 (c. 23.)

59 In section 16 of the 1985 Act (defence costs)--

(a) in subsection (1), for paragraph (b) there shall be substituted the following paragraph--

" (b) a magistrates' court determines not to transfer for trial proceedings for an indictable offence; " ; and

(b) in subsection (2)(a), for the word "committed" there shall be substituted the words "in respect of which proceedings against him have been transferred".

60 In section 21(6) of the 1985 Act (interpretation, etc.), in paragraph (b), for the words from "the accused" to "but" there shall be substituted the words "proceedings against the accused are transferred to the Crown Court for trial but the accused is".

61 In section 22 of the 1985 Act (time limits for preliminary stages of criminal proceedings), in subsection (11)--

(a) in the definition of "appropriate court", in paragraph (a) for the words from "accused" to "or" there shall be substituted the words "proceedings against the accused have been transferred for trial or the accused has been"; and

(b) in the definition of "custody of the Crown Court", for paragraph (a) there shall be substituted the following paragraph--

" (a) section 8(1) of the Magistrates' Court Act 1980 (remand of accused where court is proceeding with a view to transfer for trial); or " .

62 In section 23 of the 1985 Act (discontinuance of proceedings in magistrates' courts), in subsection (2)(b)(i), for the words "accused has been committed" there shall be substituted the words "proceedings against the accused have been transferred".



Agricultural Holdings Act 1986 (c. 5.)

63 In paragraph 12(1) of Schedule 11 to the 1986 Act (procedure on arbitrations under the Act), for the words "under committal" there shall be substituted the words "following the transfer of proceedings against him".



Criminal Justice Act 1987 (c. 38.)

64 (1) The 1987 Act shall be amended as follows.

(2) In section 4(1) (notices of transfer in serious fraud cases)--

(a) in paragraph (b)(i), for the words from "person" to "trial" there shall be substituted the words "proceedings against the person charged to be transferred for trial"; and

(b) in paragraph (c), for the words from the beginning to "justices" there shall be substituted the words "not later than the time at which the authority would be required to serve a notice of the prosecution case under section 5 of the Magistrates' Courts Act 1980,".

(3) In section 5 (procedure for notices of transfer)--

(a) in subsection (9)(a), for the words "a statement of the evidence" there shall be substituted the words "copies of the documents containing the evidence (including oral evidence)"; and

(b) after subsection (9) there shall be inserted the following subsection--

" (9A) Regulations under subsection (9)(a) above may provide that there shall be no requirement for copies of any documents referred to in the documents sent with the notice of transfer as having already been supplied to accompany the copy of the notice of the transfer. " .

(4) In section 6(5) (applications for dismissal), for the words from "a refusal" to the end there shall be substituted the words "the dismissal of a charge or charges against an accused under section 6 of the Magistrates' Courts Act 1980.".



Criminal Justice Act 1988 (c. 33.)

65 In section 40 of the Criminal Justice Act 1988 (power to include counts for certain summary offences in indictment), in subsection (1), for the words from "an examination" to the end, there shall be substituted the words "the documents sent with the copy of a notice of the prosecution case to the Crown Court".

66 (1) Section 41 of the Criminal Justice Act 1988 shall be amended as follows.

(2) In subsection (1)--

(a) for the words preceding paragraph (a) there shall be substituted the words "Where a magistrates' court transfers to the Crown Court for trial proceedings against a person for an offence triable either way or a number of such offences, it may also transfer to the Crown Court for trial proceedings against a person for any summary offence with which he is charged and which--"; and

(b) for the words from "appears" to "case" there shall be substituted the words "was sent to the person charged with the notice of the transfer of the proceedings".

(3) In subsection (2)--

(a) for the words from "commits" to "indictment" there shall be substituted the words "transfers to the Crown Court for trial proceedings against a person"; and

(b) for the words "who is committed" there shall be substituted the words "in respect of whom proceedings are transferred".

(4) In subsection (4), for the words "committal of" there shall be substituted the words "transfer for trial of proceedings against".



Legal Aid Act 1988 (c. 34.)

67 In section 20 of the 1988 Act (authorities competent to grant criminal legal aid), in subsection (4), after paragraph (a) there shall be inserted the following paragraph--

" (aa) which proceeds with a view to transferring proceedings to the Crown Court for trial, " .

68 In section 21 of the 1988 Act (availability of criminal legal aid)--

(a) in subsection (3)(a), for the words from "a person" to "his" there shall be substituted the words "proceedings against a person who is charged with murder are transferred to the Crown Court for trial, for that person's"; and

(b) in subsection (4), for the word "commits" there shall be substituted the words "transfers the proceedings against".

69 (1) Schedule 3 to the 1988 Act (enforcement of contribution orders) shall be amended as follows.

(2) In paragraph 1(b)--

(a) for the words from "who" to "by a magistrates' court)" there shall be substituted the words "against whom proceedings were transferred for trial or who was committed for sentence"; and

(b) for the words "committed him" there shall be substituted the words "transferred the proceedings against him or committed him for sentence".

(3) In paragraph 9(b), for sub-subparagraph (i) there shall be substituted the following sub-subparagraph--

" (i) in the proceedings against the legally assisted person being transferred to the Crown Court for trial or in the legally assisted person being committed to the Crown Court for sentence, or " .

(4) In paragraph 10(2)(b), for sub-subparagraph (i) there shall be substituted the following sub-subparagraph--

" (i) in the proceedings against the legally assisted person being transferred to the Crown Court for trial or in the legally assisted person being committed to the Crown Court for sentence, or " .



Coroners Act 1988 (c. 13.)

70 In section 16 of the Coroners Act 1988 (adjournment of inquest)--

(a) in subsection (1)(b), for the words "examining justices" there shall be substituted the words "a magistrates' court which is to proceed with a view to transferring proceedings against that person for trial,"; and

(b) in subsection (8)--

(i) for the words "examining justices" there shall be substituted the words "a magistrates' court considering an application for dismissal under section 6 of the Magistrates' Courts Act 1980"; and

(ii) for the words from "person" to "committed" there shall be substituted the words "proceedings against the person charged are transferred".

71 In section 17 of the Coroners Act 1988 (supplementary provisions applying on adjournment of inquest)--

(a) in subsection (2)--

(i) after the word "Where" there shall be inserted the words "proceedings against"; and

(ii) for the words "is committed" there shall be substituted the words "are transferred"; and

(b) in subsection (3)(b), for the words "that person is committed" there shall be substituted the words "proceedings against that person are transferred".



War Crimes Act 1991 (c. 13.)

72 In the War Crimes Act 1991--

(a) in section 1(4) (introducing the Schedule providing a procedure for use instead of committal proceedings for certain war crimes), the words "England, Wales or" shall be omitted; and

(b) Part I of the Schedule (procedure for use in England and Wales instead of committal proceedings) shall be omitted.



Criminal Justice Act 1991 (c. 53.)

73 (1) The 1991 Act shall be amended as follows.

(2) In section 53 (notices of transfer in certain cases involving children)--

(a) in subsection (1)(a), for the words from "person" to "trial" there shall be substituted the words "proceedings against the person charged to be transferred for trial"; and

(b) in subsection (2), for the words from "before" to the end, there shall be substituted the words "not later than the time at which the Director would be required to serve a notice of the prosecution case under section 5 of the Magistrates' Courts Act 1980,".

(3) In paragraph 4 of Schedule 6 (procedure for notices of transfer)--

(a) in sub-paragraph (1)(a) for the words "a statement of the evidence" there shall be substituted the words "copies of the documents containing the evidence (including oral evidence)"; and

(b) after sub-paragraph (1) there shall be inserted the following sub-paragraph--

" (1A) Regulations under sub-paragraph (1)(a) above may provide that there shall be no requirement for copies of any documents referred to in the documents sent with the notice of transfer as having already been supplied to accompany the copy of the notice of transfer. " .

(4) In paragraph 5 of Schedule 6 (applications for dismissal), in sub-paragraph (7), for the words from "a refusal" to the end there shall be substituted the words "the dismissal of a charge or charges against an accused under section 6 of the Magistrates' Courts Act 1980.".

(5) In paragraph 6 of Schedule 6 (reporting restrictions), in sub-paragraph (8), for the words "sub-paragraphs (5) and (6)" there shall be substituted the words "sub-paragraphs (5) and (7)".



Sexual Offences (Amendment) Act 1992 (c. 34.)

74 In section 6(3)(c) of the 1992 Act, for the words "commits him" there shall be substituted the words "transfers proceedings against him".



Section 45.

SCHEDULE 5 Magistrates' Courts: Dealing with cases where accused pleads guilty



Non-appearance of accused: plea of guilty

1 For section 12 of the [1980 c. 43.] Magistrates' Courts Act 1980 ("the 1980 Act") there shall be substituted the following section--

" 12 Non-appearance of accused: plea of guilty

(1) This section shall apply where--

(a) a summons has been issued requiring a person to appear before a magistrates' court, other than a youth court, to answer to an information for a summary offence, not being--

(i) an offence for which the accused is liable to be sentenced to be imprisoned for a term exceeding 3 months; or

(ii) an offence specified in an order made by the Secretary of State by statutory instrument; and

(b) the clerk of the court is notified by or on behalf of the prosecutor that the documents mentioned in subsection (3) below have been served upon the accused with the summons.

(2) The reference in subsection (1)(a) above to the issue of a summons requiring a person to appear before a magistrates' court other than a youth court includes a reference to the issue of a summons requiring a person who has attained the age of 16 at the time when it is issued to appear before a youth court.

(3) The documents referred to in subsection (1)(b) above are--

(a) a notice containing such statement of the effect of this section as may be prescribed;

(b) a concise statement in the prescribed form of such facts relating to the charge as will be placed before the court by or on behalf of the prosecutor if the accused pleads guilty without appearing before the court; and

(c) if any information relating to the accused will or may, in those circumstances, be placed before the court by or on behalf of the prosecutor, a notice containing or describing that information.

(4) Where the clerk of the court receives a notification in writing purporting to be given by the accused or by a legal representative acting on his behalf that the accused desires to plead guilty without appearing before the court--

(a) the clerk of the court shall inform the prosecutor of the receipt of the notification; and

(b) the following provisions of this section shall apply.

(5) If at the time and place appointed for the trial or adjourned trial of the information--

(a) the accused does not appear; and

(b) it is proved to the satisfaction of the court, on oath or in such manner as may be prescribed, that the documents mentioned in subsection (3) above have been served upon the accused with the summons,

the court may, subject to section 11(3) and (4) above and subsections (6) to (8) below, proceed to hear and dispose of the case in the absence of the accused, whether or not the prosecutor is also absent, in like manner as if both parties had appeared and the accused had pleaded guilty.

(6) If at any time before the hearing the clerk of the court receives an indication in writing purporting to be given by or on behalf of the accused that he wishes to withdraw the notification--

(a) the clerk of the court shall inform the prosecutor of the withdrawal; and

(b) the court shall deal with the information as if the notification had not been given.

(7) Before accepting the plea of guilty and convicting the accused under subsection (5) above, the court shall cause the following to be read out before the court by the clerk of the court, namely--

(a) the statement of facts served upon the accused with the summons;

(b) any information contained in a notice so served, and any information described in such a notice and produced by or on behalf of the prosecutor;

(c) the notification under subsection (4) above; and

(d) any submission received with the notification which the accused wishes to be brought to the attention of the court with a view to mitigation of sentence.

(8) If the court proceeds under subsection (5) above to hear and dispose of the case in the absence of the accused, the court shall not permit--

(a) any other statement with respect to any facts relating to the offence charged; or

(b) any other information relating to the accused,

to be made or placed before the court by or on behalf of the prosecutor except on a resumption of the trial after an adjournment under section 10(3) above.

(9) If the court decides not to proceed under subsection (5) above to hear and dispose of the case in the absence of the accused, it shall adjourn or further adjourn the trial for the purpose of dealing with the information as if the notification under subsection (4) above had not been given.

(10) In relation to an adjournment on the occasion of the accused's conviction in his absence under subsection (5) above or to an adjournment required by subsection (9) above, the notice required by section 10(2) above shall include notice of the reason for the adjournment.

(11) No notice shall be required by section 10(2) above in relation to an adjournment--

(a) which is for not more than 4 weeks; and

(b) the purpose of which is to enable the court to proceed under subsection (5) above at a later time.

(12) No order shall be made under subsection (1) above unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

(13) Any such document as is mentioned in subsection (3) above may be served in Scotland with a summons which is so served under the Summary Jurisdiction (Process) Act 1881. " .



Application of section 12 procedure where accused appears

2 After section 12 of the 1980 Act there shall be inserted the following section--

" 12A Application of section 12 where accused appears

(1) Where the clerk of the court has received such a notification as is mentioned in subsection (4) of section 12 above but the accused nevertheless appears before the court at the time and place appointed for the trial or adjourned trial, the court may, if he consents, proceed under subsection (5) of that section as if he were absent.

(2) Where the clerk of the court has not received such a notification and the accused appears before the court at that time and place and informs the court that he desires to plead guilty, the court may, if he consents, proceed under section 12(5) above as if he were absent and the clerk had received such a notification.

(3) For the purposes of subsections (1) and (2) above, subsections (6) to (11) of section 12 above shall apply with the modifications mentioned in subsection (4) or, as the case may be, subsection (5) below.

(4) The modifications for the purposes of subsection (1) above are that--

(a) before accepting the plea of guilty and convicting the accused under subsection (5) of section 12 above, the court shall afford the accused an opportunity to make an oral submission with a view to mitigation of sentence; and

(b) where he makes such a submission, subsection (7)(d) of that section shall not apply.

(5) The modifications for the purposes of subsection (2) above are that--

(a) subsection (6) of section 12 above shall apply as if any reference to the notification under subsection (4) of that section were a reference to the consent under subsection (2) above;

(b) subsection (7)(c) and (d) of that section shall not apply; and

(c) before accepting the plea of guilty and convicting the accused under subsection (5) of that section, the court shall afford the accused an opportunity to make an oral submission with a view to mitigation of sentence. " .



Consequential amendments

3 (1) In consequence of the amendments made by paragraphs 1 and 2 above the [1980 c. 43.] Magistrates' Courts Act 1980 shall be further amended as follows.

(2) For section 13(4), there shall be substituted the following subsection--

" (4) This section shall not apply to an adjournment on the occasion of the accused's conviction in his absence under subsection (5) of section 12 above or to an adjournment required by subsection (9) of that section. " .

(3) In section 13(5), for "12(2)" there shall be substituted "12(5)".

(4) In section 155(2), for "12(8)" there shall be substituted "12(13)".



Section 114.

SCHEDULE 6 Certification of Prisoner Custody Officers: Scotland



Preliminary

1 In this Schedule--

  • "certificate" means a certificate under section 114 of this Act;

  • "the relevant functions", in relation to a certificate, means the escort functions or custodial duties authorised by the certificate.



Issue of certificates

2 (1) The Secretary of State may, on the application of any person, issue a certificate in respect of that person.

(2) The Secretary of State shall not issue a certificate on any such application unless he is satisfied that the applicant--

(a) is a fit and proper person to perform the relevant functions; and

(b) has received training to such standard as he may consider appropriate for the performance of those functions.

(3) Where the Secretary of State issues a certificate, then, subject to any suspension under paragraph 3 or revocation under paragraph 4 below, it shall continue in force until such date or the occurrence of such event as may be specified in the certificate.

(4) A certificate authorising the performance of both escort functions and custodial duties may specify different dates or events as respects those functions and duties respectively.



Suspension of certificate

3 (1) This paragraph applies where at any time--

(a) in the case of a prisoner custody officer acting in pursuance of prisoner escort arrangements, it appears to the prisoner escort monitor for the area concerned that the officer is not a fit and proper person to perform escort functions;

(b) in the case of a prisoner custody officer performing custodial duties at a contracted out prison, it appears to the controller of that prison that the officer is not a fit and proper person to perform custodial duties; or

(c) in the case of a prisoner custody officer performing contracted out functions at a directly managed prison, it appears to the governor of that prison that the officer is not a fit and proper person to perform custodial duties.

(2) The prisoner escort monitor, controller or governor may--

(a) refer the matter to the Secretary of State for a decision under paragraph 4 below; and

(b) in such circumstances as may be prescribed by prison rules, suspend the officer's certificate so far as it authorises the performance of escort functions or, as the case may be, custodial duties pending that decision.



Revocation of certificate

4 Where at any time (whether on a reference to him under paragraph 3(2)(a) above or otherwise) it appears to the Secretary of State that a prisoner custody officer is not a fit and proper person to perform escort functions or custodial duties, he may revoke that officer's certificate so far as it authorises the performance of those functions or duties.



False statements

5 If any person, for the purpose of obtaining a certificate for himself or for any other person--

(a) makes a statement which he knows to be false in a material particular; or

(b) recklessly makes a statement which is false in a material particular,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

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