Criminal Justice Act 1991

Financial penalties: supplemental E+W+S

[F1 21 Remission of fines. E+W

(1) This section applies where a court has, in fixing the amount of a fine, determined the offender’s financial circumstances under section 18(4) above.

(2) If, on subsequently inquiring into the offender’s financial circumstances, the court is satisfied that had it had the results of that inquiry when sentencing the offender it would—

(a) have fixed a smaller amount; or

(b) not have fined him,

it may remit the whole or any part of the fine.

(3) Where under this section the court remits the whole or part of a fine after a term of imprisonment has been fixed under section 82(5) of the M1 Magistrates’ Courts Act 1980 (issue of warrant of commitment for default) or section 31 of the M2 Powers of Criminal Courts Act 1973 (powers of Crown Court in relation to fines), it shall reduce the term by the corresponding proportion.

(4) In calculating any reduction required by subsection (3) above, any fraction of a day shall be ignored.]

Textual Amendments

F1 S. 21 substituted (20.9.1993) by 1993 c. 36, s. 65(3)(4), Sch. 3 para.3; S.I. 1993/1968, art. 2(2), Sch.2

Marginal Citations

M1 1980 c. 43.

M2 1973 c. 62.

F2 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F2 S. 22 repealed (20.9.1993) by 1993 c. 36, ss. 65(3)(4), 79(14), Sch. 3 para. 4, Sch. 6 Pt.I; S.I. 1993/1968, art. 2(2), Sch.2, Appendix.

23 Default in other cases. E+W+S

(1) In the Tables in section 31(3A) of the 1973 Act and paragraph 1 of Schedule 4 to the 1980 Act (maximum periods of imprisonment for default in paying fines etc.), for the entries relating to amounts not exceeding £5,000 there shall be substituted the following entries—

“An amount not exceeding £200	7 days
An amount exceeding £200 but not exceeding £500	14 days
An amount exceeding £500 but not exceeding £1,000	28 days
An amount exceeding £1,000 but not exceeding £2,500	45 days
An amount exceeding £2,500 but not exceeding £5,000	3 months”.

(2) For the Table in section 407(1A) of the M3 Criminal Procedure (Scotland) Act 1975 (maximum period of imprisonment for failure to pay fine or find caution) there shall be substituted the following Table—

“Amount of fine or caution	Maximum period of imprisonment
An amount not exceeding £200	7 days
An amount exceeding £200 but not exceeding £500	14 days
An amount exceeding £500 but not exceeding £1,000	28 days
An amount exceeding £1,000 but not exceeding £2,500	45 days
An amount exceeding £2,500 but not exceeding £5,000	3 months
An amount exceeding £5,000 but not exceeding £10,000	6 months
An amount exceeding £10,000 but not exceeding £20,000	12 months
An amount exceeding £20,000 but not exceeding £50,000	18 months
An amount exceeding £50,000 but not exceeding £100,000	2 years
An amount exceeding £100,000 but not exceeding £250,000	3 years
An amount exceeding £250,000 but not exceeding £1 million	5 years
An amount exceeding £1 million	10 years.”

(3) In Schedule 16 (repeals) to the 1988 Act, the entry relating to subsection (8) of section 41 of the M4 Administration of Justice Act 1970 shall cease to have effect; and that subsection (discretion of Crown Court to specify extended period of imprisonment in default of payment of compensation) shall have effect as if that entry had not been enacted.

Extent Information

E1 S. 23 extends to England and Wales only except as mentioned in s. 102(4) - (6).

Commencement Information

I1 S. 23 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Marginal Citations

M3 1975 c. 21.

M4 1970 c. 31.

24 Recovery of fines etc. by deductions from income support. E+W+S

(1) The Secretary of State may by regulations provide that where a fine has been imposed on an offender by a magistrates’ court, or a sum is required to be paid by a compensation order which has been made against an offender by such a court, and (in either case) the offender is entitled to income support—

(a) the court may apply to the Secretary of State asking him to deduct sums from any amounts payable to the offender by way of income support, in order to secure the payment of any sum which is or forms part of the fine or compensation; and

(b) the Secretary of State may deduct sums from any such amounts and pay them to the court towards satisfaction of any such sum.

(2) The regulations may include—

(a) provision that, before making an application, the court shall make an enquiry as to the offender’s means;

(b) provision allowing or requiring adjudication as regards an application, and provision as to appeals and reviews;

(c) provision as to the circumstances and manner in which and the times at which sums are to be deducted and paid;

(d) provision as to the calculation of such sums (which may include provision to secure that amounts payable to the offender by way of income support do not fall below prescribed figures);

(e) provision as to the circumstances in which the Secretary of State is to cease making deductions;

(f) provision requiring the Secretary of State to notify the offender, in a prescribed manner and at any prescribed time, of the total amount of sums deducted up to the time of notification; and

(g) provision that, where the whole amount to which the application relates has been paid, the court shall give notice of that fact to the Secretary of State.

(3) In subsection (1) above—

(a) the reference to a fine having been imposed by a magistrates’ court includes a reference to a fine being treated, by virtue of section 32 of the 1973 Act, as having been so imposed; and

(b) the reference to a sum being required to be paid by a compensation order which has been made by a magistrates’ court includes a reference to a sum which is required to be paid by such an order being treated, by virtue of section 41 of the M5 Administration of Justice Act 1970, as having been adjudged to be paid on conviction by such a court.

[F3 (c) the reference in paragraph (a) to “the court” includes a reference to a court to which the function in that paragraph has been transferred by virtue of a transfer of fine order under section 89(1) or (3) or 90(1)(a) of the 1980 Act (power of magistrates’ court to make transfer of fine order) or under section 403(1)(a) or (b) of the M6 Criminal Procedure (Scotland) Act 1975 (analogous provision as respects Scotland) and a reference to a court to which that function has been remitted by virtue of section 196(2) of the said Act of 1975 (enforcement of fine imposed by High Court of Justiciary).]

(4) In this section—

• “fine” includes—

(a) a penalty imposed under [F4 section 29 or 37 of the Vehicle Excise and Registration Act 1994] or section 102(3)(aa) of the M7 Customs and Excise Management Act 1979 (penalties imposed for certain offences in relation to vehicle excise licences);

(b) an amount ordered to be paid, in addition to any penalty so imposed, under [F4 section 30, 36 or 38 of the Vehicle Excise and Registration Act 1994] (liability to additional duty);

(c) an amount ordered to be paid by way of costs which is, by virtue of section 41 of the M8 Administration of Justice Act 1970, treated as having been adjudged to be paid on a conviction by a magistrates’ court;

• “income support” means income support within the meaning of the M9 Social Security Act 1986, either alone or together with any unemployment, [F5 or incapacity] benefit, retirement pension or severe disablement allowance which is paid by means of the same instrument of payment;

• “prescribed” means prescribed by regulations made by the Secretary of State.

(5) In the application of this section to Scotland—

(a) references in subsections (1) and (2) above to a magistrates’ court shall be construed as references to a court; and

(b) in subsection (3) above, for paragraphs (a) and (b) there shall be substituted the following paragraphs—

“(a) the reference to a fine having been imposed by a court includes a reference to a fine being treated, by virtue of section 196(2) of the Criminal Procedure (Scotland) Act 1975, as having been so imposed; and

(b) the reference to a compensation order having been made by a court includes a reference to such an order being treated, by virtue of section 66 of the Criminal Justice (Scotland) Act 1980, as having been so made.”

Textual Amendments

F3 S. 24(3)(c) inserted (3.2.1995) by 1994 c. 33, s. 47(3); S.I. 1995/127, art. 2(1), Sch. 1

F4 Words in s. 24(4) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 30 (with s. 57(4))

F5 Words in definition in s. 24(4) substituted (13.4.1995) by 1994 c. 18, s. 11(1), Sch. 1 Pt. II para.55; S.I. 1994/2926, art. 2, Sch. Pt.IV

Commencement Information

I2 S. 24 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Marginal Citations

M5 1970 c. 31.

M6 1975 c. 21.

M7 1979 c. 2.

M8 1970 c. 31.

M9 1986 c. 50.