Powers of Criminal Courts (Sentencing) Act 2000

137 Power to order parent or guardian to pay fine, costs [F1 , compensation or surcharge] . E+W

(1) Where—

(a) a child or young person (that is to say, any person aged under 18) is convicted of any offence for the commission of which a fine or costs may be imposed or a compensation order may be made, and

(b) the court is of the opinion that the case would best be met by the imposition of a fine or costs or the making of such an order, whether with or without any other punishment,

the court shall order that the fine, compensation or costs awarded be paid by the parent or guardian of the child or young person instead of by the child or young person himself, unless the court is satisfied—

(i) that the parent or guardian cannot be found; or

(ii) that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.

[F2 (1A) Where but for this subsection a court would order a child or young person to pay a surcharge under section 161A of the Criminal Justice Act 2003, the court shall order that the surcharge be paid by the parent or guardian of the child or young person instead of by the child or young person himself, unless the court is satisfied—

(a) that the parent or guardian cannot be found; or

(b) that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.]

(2) Where but for this subsection a court would impose a fine on a child or young person under—

[F3 (za) paragraph 6(2)(a) or 8(2)(a) of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach of youth rehabilitation order),]

[F4 (a) paragraph 4(1)(a) or 5(1)(a) of Schedule 3 to this Act (breach of curfew, probation, community service, combination or drug treatment and testing order),

(b) paragraph 2(1)(a) of Schedule 5 to this Act (breach of attendance centre order or attendance centre rules),

(c) paragraph 2(2)(a) of Schedule 7 to this Act (breach of supervision order),]

(d) paragraph 2(2)(a) of Schedule 8 to this Act (breach of F5 ... reparation order),

(e) section 104(3)(b) above (breach of requirements of supervision under a detention and training order), or

(f) section 4(3)(b) of the M1 Criminal Justice and Public Order Act 1994 (breach of requirements of supervision under a secure training order),

the court shall order that the fine be paid by the parent or guardian of the child or young person instead of by the child or young person himself, unless the court is satisfied—

(i) that the parent or guardian cannot be found; or

(ii) that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.

(3) In the case of a young person aged 16 or over, [F6 subsections (1) to (2)] above shall have effect as if, instead of imposing a duty, they conferred a power to make such an order as is mentioned in those subsections.

(4) Subject to subsection (5) below, no order shall be made under this section without giving the parent or guardian an opportunity of being heard.

(5) An order under this section may be made against a parent or guardian who, having been required to attend, has failed to do so.

(6) A parent or guardian may appeal to the Crown Court against an order under this section made by a magistrates’ court.

(7) A parent or guardian may appeal to the Court of Appeal against an order under this section made by the Crown Court, as if he had been convicted on indictment and the order were a sentence passed on his conviction.

(8) In relation to a child or young person for whom a local authority have parental responsibility and who—

(a) is in their care, or

(b) is provided with accommodation by them in the exercise of any functions (in particular those under the M2 Children Act 1989) which F7 [F8 are social services functions within the meaning of] the M3 Local Authority Social Services Act 1970,

references in this section to his parent or guardian shall be construed as references to that authority.

(9) In subsection (8) above “local authority” and “parental responsibility” have the same meanings as in the M4 Children Act 1989.

Textual Amendments

F1 Words in s. 137 heading substituted (1.4.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 10 para. 51(2); S.I. 2007/602, art. 2(c)

F2 S. 137(1A) inserted (1.4.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 10 para. 51(3); S.I. 2007/602, art. 2(c)

F3 S. 137(2)(za) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 57(a) (with Sch. 27 paras. 15); S.I. 2009/3074, art. 2(p)(viii)

F4 S. 137(2)(a)-(c) repealed (30.11.2009 for specified purposes) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 57(b), Sch. 28 Pt. 1 (with Sch. 27 paras. 15); S.I. 2009/3074, art. 2(p)(u)(vii)

F5 Words in s. 137(2)(d) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 57(c), Sch. 28 Pt. 1 (with Sch. 27 paras. 15); S.I. 2009/3074, art. 2(p)(u)(vii)

F6 Words in s. 137(3) substituted (1.4.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), s. 60, Sch. 10 para. 51(4); S.I. 2007/602, art. 2(c)

F7 Words in s. 137(8)(b) substituted (W.) (1.4.2002) by S.I. 2002/808, art. 34

F8 Words in s. 137(8)(b) substituted (E.) (11.7.2001) by S.I. 2001/2237, art. 38

Marginal Citations

M1 1994 c. 33.

M2 1989 c. 41.

M3 1970 c. 42.

M4 1989 c. 41.