Courts Act 2003

Fines E+W

95 Fixing of fines: failure to furnish statement of financial circumstances E+W

(1) Amend section 20A of the Criminal Justice Act 1991 (c. 53) (false statements as to financial circumstances) as follows.

(2) After subsection (1) insert—

“(1A) A person who is charged with an offence who fails to furnish a statement of his financial circumstances in response to an official request shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.”

(3) In subsection (2)(b), after “may impose” insert “ and how it should be paid ”.

(4) In section 128(5) of the 2000 Act (fixing of fines: power of court to make determination of financial circumstances where offender has failed to co-operate with court etc.), in paragraph (b) before sub-paragraph (i) insert—

“(zi) has failed to furnish a statement of his financial circumstances in response to a request which is an official request for the purposes of section 20A of the Criminal Justice Act 1991 (offence of making false statements as to financial circumstances),”.

(5) “The 2000 Act” means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

96 Recovery of fines etc. by deductions from income support: failure to provide information E+W

(1) Amend section 24 of the Criminal Justice Act 1991 (power to make regulations about recovery of fines etc. by deductions from income support) as follows.

(2) In subsection (2), after paragraph (a) insert—

“(aa) provision that the court may require the offender to provide prescribed information in connection with an application;”.

(3) After subsection (2) insert—

“(2A) An offender who fails to provide information required by the court by virtue of subsection (2)(aa) commits an offence.

(2B) An offender commits an offence if, in providing information required by the court by virtue of that subsection, he—

(a) makes a statement which he knows to be false in a material particular,

(b) recklessly provides a statement which is false in a material particular, or

(c) knowingly fails to disclose any material fact.

(2C) A person guilty of an offence under subsection (2A) or (2B) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.”

97 Collection of fines and discharge of fines by unpaid work E+W

(1) Schedule 5 contains provisions about the collection of fines.

(2) Schedule 6 contains provisions about the discharge of fines by means of unpaid work.

(3) Subsections (4) to (9) apply in relation to each of those Schedules.

(4) The Schedule is to have effect only in accordance with—

(a) subsections (5) and (6) (pilot schemes), or

(b) subsections (7) to (9) (power to make pilot schemes, or modified versions of pilot schemes, permanent after completion of pilots).

(5) The Lord Chancellor may by order provide that the Schedule is to have effect in relation to the local justice area or areas specified in the order for the period specified in the order.

(6) An order under subsection (5) may make provision modifying the Schedule, or any enactment in connection with the operation of the Schedule, in relation to the specified local justice area or areas and the specified period.

(7) The Lord Chancellor may, at the end of the relevant period, by order provide that the Schedule is to have effect—

(a) in all local justice areas, and

(b) indefinitely.

(8) “The relevant period” means—

(a) if one order has been made under subsection (5) in relation to the Schedule, the period specified in the order;

(b) if more than one order has been made under subsection (5) in relation to the Schedule, the period which, out of the periods so specified, ends at the latest date.

(9) An order under subsection (7) may make such amendments of—

(a) the Schedule, and

(b) any other enactments,

as appear to the Lord Chancellor appropriate in the light of the operation of the Schedule in accordance with the order made under subsection (5) (pilot schemes).

Commencement Information

I1 S. 97 wholly in force; s. 97 not in force at Royal Assent see s. 110(1)(2); s. 97 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); s. 97 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); s. 97 in force for certain further purposes at 5.4.2004 by S.I. 2004/174, art. 4(c); s. 97 in force for certain further purposes at 1.5.2004 by S.I. 2004/1104, art. 3(c); s. 97 in force at 21.9.2004 insofar as not already in force by S.I. 2004/2195, art. 2