The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
The key provisions relating to the imposition of fines following conviction are found in sections 118 to 132 of the Sentencing Act 2020 (SA 2020) (also known as the Sentencing Code).
A fine is a financial penalty imposed on conviction either instead of, or in addition to, any other sentence if, under the relevant offence provision, that offence is liable to a fine. A fine can be imposed in the Crown Court or the magistrates’ court and should always be proportionate to the gravity of the offence.
Any fine imposed following conviction must not exceed the maximum specified amount provided by the relevant offence (if such a limit is specified).
A fine will never be appropriate when the seriousness of the offence requires an immediate custodial sentence and must not be imposed where the offence is one in relation to which a mandatory sentence requirement (such as life imprisonment for murder). See: A-G's Reference (No 41 of 1994) (1995) 16 Cr App Rep (S) 792 (not reported by LexisNexis®).
Certain criminal offences dealt with by the magistrates’ court, have a maximum fine prescribed by statute or subordinate legislation.
For many summary offences, the maximum fine levels are fixed by reference to levels on the standard scale. The standard scale is contained in SA 2020, s 122.
The fine levels in the magistrates are:
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
Pension commencement lump sums (PCLSs)When a member of a pension scheme becomes entitled to receive their scheme benefits, they can usually take part as a tax-free lump sum. HMRC calls this a ‘pension commencement lump sum’ (PCLS). Taking a lump sum is usually at the option of the member who will
Forming enforceable contracts—considerationThis Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in
DateD [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] (Landlord)2[name of Tenant] [of OR incorporated in England and Wales with company registration number [number] whose registered office
Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and
0330 161 1234