Explanatory Notes

Criminal Justice Act 2003

2003 CHAPTER 44

20th November 2003

Commentary on Sections

Part 12 - Sentencing

Chapter 1: General provisions about sentencing
Section 162: Powers to order statement as to offender’s financial circumstances

468.This section re-enacts section 126 of the Powers of Criminal Courts (Sentencing) Act. In some cases the court might wish to know the financial circumstances of the offender. The court can make a “financial circumstances order” in respect of an offender on conviction before sentencing him or if he pleads guilty without appearing before the court. The offender must report his financial circumstances to the court. If the offender fails to comply he commits an offence and is liable to a fine. If the offender falsifies or omits relevant information from a statement of his financial circumstances he also commits an offence and is liable to a fine. Subsection (6) enables proceedings for an offence under subsection (5) to be begun within two years from the date of the offence or within 6 months from its discovery.