Remedy
Start free

Section 17D: Maximum penalty under section 17A(6) or 17B(2)(c) for certain offences

Magistrates' Courts Act 1980 · 1980 c. 43View on legislation.gov.uk

Part I: Criminal Jurisdiction and Procedure

If—

the offence is a scheduled offence (as defined in section 22(1) below);
the court proceeds in relation to the offence in accordance with section 17A(6) or 17B(2)(c) above; and
the court convicts the accused of the offence,

the court shall consider whether, having regard to any representations made by him or by the prosecutor, the value involved (as defined in section 22(10) below) appears to the court to exceed the relevant sum (as specified for the purposes of section 22 below).

If it appears to the court clear that the value involved does not exceed the relevant sum, or it appears to the court for any reason not clear whether the value involved does or does not exceed the relevant sum—

subject to subsection (4) below, the court shall not have power to impose on the accused in respect of the offence a sentence in excess of the limits mentioned in section 33(1)(a) below; and
sections 14 and 18 of the Sentencing Code shall not apply as regards that offence.

Subsections (9) to (12) of section 22 below shall apply for the purposes of this section as they apply for the purposes of that section (reading the reference to subsection (1) in section 22(9) as a reference to subsection (1) of this section).

Subsection (2)(a) above does not apply to an offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking).

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.