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The principal rules for imposing fines after conviction sit in sections 118–132 of the Sentencing Act 2020 (SA 2020), also called the Sentencing Code. On conviction, a court may order a monetary penalty in place of, or in addition to, another sentence where the offence allows a fine, and this can occur in either the Crown Court or the magistrates’ court. Any financial penalty must reflect the seriousness of the conduct and may not exceed any statutory maximum attached to the offence. A fine is inappropriate where the gravity of the offence demands immediate custody, and it must not be used where a mandatory sentence applies (for example, life imprisonment for murder). See: A-G’s Reference (No 41 of 1994) (1995) 16 Cr App Rep (S) 792 (not reported by LexisNexis®). Where an offence sets a ceiling for the amount, the court is bound by that cap. Maximum fines Magistrates’ court Certain criminal offences heard in the magistrates’ court have an upper limit on fines prescribed by statute...
Introduction This Practice Note serves as a handbook to arbitration conducted by the International and Ibero-American Arbitration Center of Madrid (‘CIIAM’ or the ‘Center’) (formerly CIAM-CIAR) pursuant to its arbitration rules effective from 1 January 2024 (the Arbitration Rules). It focuses on the issuance of awards, the assessment and apportionment of costs, and the ways in which proceedings can be brought to a close. Time limit for rendering awards The Arbitration Rules set timetable parameters that marry predictability with sufficient flexibility. They differentiate between standard proceedings and accelerated options (‘abbreviated procedure’ and ‘highly expedited procedure’). The Center oversees adherence to time limits, and arbitrators’ timeliness may influence both applications for extensions and the setting of fees (Arts 4.5, 49.1, and institutional guidance on award scrutiny). In ordinary proceedings, unless the parties stipulate otherwise, tribunals must issue awards on the merits within three months after the hearing or the final substantive submission. Submissions on costs are not treated as substantive when computing this period. Moreover, the Arbitration...