Criminal Justice Act 2006

SCHEDULE 2

Increase in Certain Penalties under Explosives Act 1875

Section 69 .

Section of Act

Subject Matter

Words deleted

Words substituted

(1)

(2)

(3)

(4)

4

Making explosives in unauthorised place

to a penalty not exceeding one hundred pounds a day for every day during which he so manufactures

, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000

5

Keeping explosives

to a penalty not exceeding two shillings for every pound of gunpowder so kept

, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000

9

Regulation of explosives factories and magazines

to a penalty not exceeding in the case of the first offence fifty pounds, and in the case of a second or any subsequent offence one hundred pounds, and in addition fifty pounds for every day during which such breach continues

, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000

10

General rules for factories and magazines

to a penalty not exceeding ten pounds, and in addition (in the case of a second offence) ten pounds for every day during which such breach continues

, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000

11

Special rules for regulation of workmen in factories or magazines

forty shillings

€100

13

Devolution and determination of licence

twenty shillings

€50

17

General rules for stores

to a penalty not exceeding ten pounds, and in addition (in the case of a second offence) ten pounds for every day during which such breach continues

, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000

19

Special rules for regulation of workmen in stores

forty shillings

€100

22

General rules for registered premises

to a penalty not exceeding two shillings for every pound of gunpowder in respect of which, or being on the premises in which, the offence was committed

, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000

30

Restriction on sale of explosives in highways, etc.

to a penalty not exceeding forty shillings

, on summary conviction, to a fine not exceeding €2,500 or, on conviction on indictment, to a fine not exceeding €5,000

31

Sale of explosives to children

thirteen years

18 years

to a penalty not exceeding five pounds

, on summary conviction, to a fine not exceeding €2,500 or, on conviction on indictment, to a fine not exceeding €5,000

32

Explosives to be sold in closed packages labelled

to a penalty not exceeding forty shillings

, on summary conviction, to a fine not exceeding €2,500 or, on conviction on indictment, to a fine not exceeding €5,000

33

General rules as to packing of explosives for conveyance

to a penalty not exceeding twenty pounds

on summary conviction, to a fine not exceeding €2,500 or, on conviction on indictment, to a fine not exceeding €5,000

34

Bye-laws by harbour authority

pecuniary penalties not exceeding twenty pounds for each offence, and ten pounds for each day during which the offence continues

on summary conviction, a fine not exceeding €5,000 or, on conviction on indictment, a fine not exceeding €10,000

35

Bye-laws by railway and canal company

pecuniary penalties not exceeding twenty pounds of each offence, and ten pounds for each day during which the offence continues

on summary conviction, a fine not exceeding €5,000 or, on conviction on indictment, a fine not exceeding €10,000

36

Bye-laws as to wharves in which explosives loaded or unloaded

pecuniary penalties not exceeding twenty pounds for each offence, and ten pounds for each day during which the offence continues

on summary conviction, a fine not exceeding €5,000 or, on conviction on indictment, a fine not exceeding €10,000

37

Byelaws as to conveyance by road or otherwise

pecuniary penalties not exceeding twenty pounds for each offence, and ten pounds for each day during which the breach continues

on summary conviction, a fine not exceeding €5,000 or, on conviction on indictment, a fine not exceeding €10,000

40

Application of Part I to explosives other than gunpowder

to a penalty not exceeding one hundred pounds, and to a further penalty not exceeding two shillings for every pound of such explosive

on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000

43

Manufacture, etc. of specially dangerous explosives

to a penalty not exceeding ten shillings for every pound of such explosive brought in the ship

on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000

to a penalty not exceeding ten shillings for every pound of such explosive delivered or sold or found in his possession

, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000

55

Powers of Government inspectors

liable to a penalty not exceeding one hundred pounds for each offence

guilty of an offence and liable, on summary conviction, to a fine not exceeding €1,000

56

Notice to remedy dangerous practices, etc.

to a penalty not exceeding twenty pounds for every day during which he so fails to comply

, on summary conviction, to a fine not exceeding €1,000

63

Notice of accidents

to a penalty not exceeding twenty pounds

, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000

66

Inquiry into accidents

shall for every such offence incur a penalty not exceeding ten pounds and in the case of a failure to comply with a requisition for making any return or producing any document, not exceeding ten pounds during every day that such failure continues

is guilty of an offence and liable on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000

69

Duty and power of local authority

to a penalty not exceeding twenty pounds

, on summary conviction, to a fine not exceeding €1,000

73

Search for explosives

to a penalty not exceeding fifty pounds

, on summary conviction, to a fine not exceeding €1,000

74

Seizure and detention of explosives

to a penalty not exceeding fifty pounds

, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000

77

Penalty on and removal of trespassers

to a penalty not exceeding five pounds

, on summary conviction, to a fine not exceeding €3,000 or, on conviction on indictment, to a fine not exceeding €5,000

to a penalty not exceeding fifty pounds

, on summary conviction, to a fine not exceeding €5,000 or, on conviction on indictment, to a fine not exceeding €10,000

79

Imprisonment for wilful act or neglect endangering life or limb

of the case, to imprisonment, with or without hard labour, for a period not exceeding six months

of the case—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or both the pecuniary penalty and such imprisonment, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or both the pecuniary penalty and such imprisonment

81

Forgery and falsification of documents

to imprisonment, with or without hard labour, for a term not exceeding two years

on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both or, on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding five years or both

82

Defacing notices

two pounds

€100