(1)The following section shall be substituted for section 18 of the [1991 c. 53.] Criminal Justice Act 1991 (fixing of certain fines by reference to units)—
(1)Before fixing the amount of any fine, a court shall inquire into the financial circumstances of the offender.
(2)The amount of any fine fixed by a court shall be such as, in the opinion of the court, reflects the seriousness of the offence.
(3)In fixing the amount of any fine, a court shall take into account the circumstances of the case including, among other things, the financial circumstances of the offender so far as they are known, or appear, to the court.
(4)Where—
(a)an offender has been convicted in his absence in pursuance of section 11 or 12 of the Magistrates' Courts Act 1980 (non-appearance of accused),
(b)an offender—
(i)has failed to comply with an order under section 20(1) below; or
(ii)has otherwise failed to co-operate with the court in its inquiry into his financial circumstances, or
(c)the parent or guardian of an offender who is a child or young person—
(i)has failed to comply with an order under section 20(1B) below; or
(ii)has otherwise failed to co-operate with the court in its inquiry into his financial circumstances,
and the court considers that it has insufficient information to make a proper determination of the financial circumstances of the offender, it may make such determination as it thinks fit.
(5)Subsection (3) above applies whether taking into account the financial circumstances of the offender has the effect of increasing or reducing the amount of the fine.”.
(2)Section 19 of the Act of 1991 (fixing of fines in cases to which the unit fines system did not apply) shall cease to have effect.
(3)The further amendments made by Schedule 3 shall have effect.
(4)The amendments made by this section and that Schedule shall apply in relation to offenders convicted (but not sentenced) before the date on which this section comes into force as they apply in relation to offenders convicted after that date.