Standard scale


The standard scale is a system in Commonwealth law whereby financial criminal penalties in legislation have maximum levels set against a standard scale. Then, when inflation makes it necessary to increase the levels of the fines the legislators need to modify only the scale rather than every individual piece of legislation.
In English law, the reference in legislation will typically appear as:

Legislation and level of fines

Australia

In Australia, the monetary fines for a breach of law is determined by however many penalty units the offence is worth, times the value of that jurisdiction's penalty unit. All states and territories set their own penalty unit values, which is supplemented by the federal penalty unit for federal offences.

Channel Islands

Guernsey

Guernsey uses the UK standard scale for adopted UK legislation, and its own scale for legislation originating in the States of Guernsey.
Guernsey's dependencies of Alderney and Sark have their own distinct scales, although these are generally in line with the Guernsey scale.

Alderney

The Uniform Scale of Fines Law 1989 as amended by The Uniform Scale of Fines Ordinance 2007.
Level on the scaleMaximum fine
1£500
2£1,000
3£2,000
4£5,000
5£10,000

Sark

Sark has its own standard scale, which is normally maintained at the same levels as Guernsey's.
  • The Uniform Scale of Fines Law, 1989 as amended by the Uniform Scale of Fines Ordinance, 1992, the Uniform Scale of Fines Ordinance, 2004, and the Uniform Scale of Fines Ordinance, 2006.
Level on the scaleMaximum fine
1£500
2£1,000
3£2,000
4£5,000
5£10,000

Isle of Man

Since 1 January 2018, for Acts of Tynwald the Isle of Man uses a standard scale introduced by Section 55 of the Interpretation Act 2015. It replaced specified amounts specified within each piece of legislation.
Level on the scaleMaximum fine
1£500
2£1,000
3£2,000
4£5,000
5£10,000

Above amounts.
In respect of Acts of Parliament that extend to the Isle of Man the UK standard scale is used.
  • Interpretation Act 2015
  • Criminal Justice Act 1982 as extended to the Island by the Criminal Justice Act 1982 Order 1983, and amended by the Criminal Justice Act 1982 Order 1992.

Jersey

  • Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993
  • Criminal Justice Law 2016
Level on the scaleMaximum fine
1£200
2£1,000
3£10,000

''Above amounts.''

United Kingdom

Schedule 1 to the Interpretation Act 1978 defines "the standard scale" for each United Kingdom jurisdiction with reference to the following statutes.
The "statutory maximum", which is the maximum fine which can be imposed by a summary court for a triable either way statutory offence, is similarly defined by the Interpretation Act 1978 so as to correspond to the "prescribed sum".

England and Wales

  • Criminal Justice Act 1982, section 37,

Scotland

The setting of the levels of the standard scale of fines in Scotland is a matter devolved to the Scottish Government.
With effect from 10 December 2007, the Criminal Proceedings etc. Reform (Scotland) Act 2007 increased the "prescribed sum", and with it the "statutory maximum" from £5,000 to £10,000. The level of fines on the standard scale was unaltered.

Northern Ireland

  • Fines and Penalties (Northern Ireland) Order 1984, article 5

Scale

The above amounts apply with respect to offences committed on or after the following dates:
The United Kingdom standard scale was extended in respect of certain offences to two Crown dependencies:
Before March 2015, the level 5 limit was £5,000. This limit was removed by section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The level 1–4 limits were unaffected.
Between 1984 and 1992, the standard scale in England and Wales was as follows:
Level on the scaleMaximum fine
1£50
2£100
3£400
4£1,000
5£2,000

Hong Kong

  • Chapter 221 Criminal Procedure Ordinance, section 113B – Levels of fines for offences
  • Chapter 221 Criminal Procedure Ordinance, schedule 8 – Level of fines for offences
Fines specified in prior legislation were converted to points on the standard scale by section 113C.
Level on the scaleMaximum fine
1HK$2,000
2$5,000
3$10,000
4$25,000
5$50,000
6$100,000

''Above amounts.''

Zimbabwe

  • Criminal Penalties Amendment Act 2001, took effect from 20 May 2002