Criminal Justice Act 2003, section 280

Alteration of penalties for offences

Part 12 Sentencing

Prospective

280 Alteration of penalties for specified summary offences

(1)The summary offences listed in Schedule 25 are no longer punishable with imprisonment.

(2)Schedule 26 (which contains amendments increasing the maximum term of imprisonment for certain summary offences from 4 months or less to 51 weeks) shall have effect.

(3)This section does not affect the penalty for any offence committed before the commencement of this section.

Cases considering section 280 3

REGINA v JOHN JAMES LUNDY

[2021] EWCA Crim 1922 · 4 November 2021

The court applied the statutory definition of dangerousness and regarded the appellant’s grave risk of serious harm to the public as satisfying it. (see para [12])

Jody Simpson, R (on the application of) v Secretary of State for Justice

[2022] EWHC 3181 (Admin) · 16 December 2022Defines

Identified as the current location of the statutory dangerousness test for offenders aged 21 and above, materially equivalent to the earlier test considered in the judgment (see para [67]).

DL v SL

[2015] EWHC 2621 (Fam) · 27 July 2015

Identifies section 280(2) and (3), together with paragraph 7 of Schedule 26, as amendments which reinforced Parliament’s continuing endorsement of the reporting-restriction policy. (see para [11])

What each judgment says about section 280 is in the case-law panel in the full Act.

Explanatory note

625.This section is consequential on the changes in the structure of short sentences which this Act introduces and the corresponding increase in magistrates’ sentencing powers. It introduces Schedules 25 and 26, which make changes to the maximum penalties for summary only offences that previously carried a maximum penalty of less than 12 months. These offences are either to have the maximum penalty lowered so that they are no longer punishable with imprisonment (see Schedule 25) or raised to 51 weeks imprisonment so that they may be punishable with a new sentence of imprisonment of less than 12 months, custody plus (see Schedule 26).

All the explanatory notes for the Act