Criminal Justice Act 1991

21 Remission of fines fixed under section 18

(1) This section applies where, in the case of a fine the amount of which has been fixed by a magistrates' court under section 18 above, the determination of the offender’s disposable weekly income—

(a) would have been of a lesser amount but for subsection (5)(a) of that section; or

(b) was made by virtue of subsection (8) of that section.

(2) In a case falling within subsection (1)(a) above, the court may, on inquiring into the offender’s means or at a hearing under section 82(5) of the 1980 Act (issue of warrant of commitment for default), remit the whole or any part of the fine if the court considers that its payment by the offender within twelve months of the imposition of the fine would cause the offender undue hardship.

(3) In a case falling within subsection (1)(b) above, the court may, on inquiring into the offender’s disposable weekly income or at such a hearing as is mentioned in subsection (2) above, remit the whole or any part of the fine if the court thinks it just to do so having regard—

(a) to the amount of that income as determined by the court under this subsection in accordance with rules made by the Lord Chancellor; and

(b) if applicable, to the provisions of subsection (2) above.

(4) Where the court remits the whole or part of a fine under subsection (2) or (3) above after a term of imprisonment has been fixed under the said section 82(5), it shall also reduce the term by an amount which bears the same proportion to the whole term as the amount remitted bears to the whole fine or, as the case may be, shall remit the whole term.

(5) In calculating the reduction in a term of imprisonment required by subsection (4) above, any fraction of a day shall be left out of account.