Sentencing Act 2020

50 Power of magistrates’ court to remit criminal courts charge

(1) This section applies where a court has made a criminal courts charge order against a person.

(2) A magistrates’ court may remit the whole or part of the criminal courts charge, but this is subject to subsections (3) to (5).

(3) It may remit the charge only if—

(a) it is satisfied that the person has taken all reasonable steps to pay it, having regard to the person’s personal circumstances, or

(b) it is satisfied that collection and enforcement of the charge is impracticable.

(4) It may not remit the charge at a time when the person is detained in prison.

(5) It may not remit the charge unless each of the following has expired—

(a) a specified period beginning with the day on which a criminal courts charge order was last made in respect of the person;

(b) a specified period beginning with the day on which the person was last convicted of an offence;

(c) where relevant, a specified period beginning with the day on which the person was last released from prison.

(6) Where a court remits a criminal courts charge after an order has been made under section 300(2) of the Criminal Justice Act 2003 (power to impose unpaid work requirement etc on fine defaulter) for default in paying the charge (or the charge and other amounts), the court must—

(a) reduce the total number of hours or days to which the order relates by the same proportion as the amount remitted bears to the total amount in respect of which the order was made, or

(b) if the total number of hours or days would be reduced to nil under paragraph (a), revoke the order.

(7) In calculating a reduction required by subsection (6), any fraction of an hour or day is to be rounded down to the nearest hour or day.

(8) In this section—

• “criminal courts charge” means the charge ordered to be paid by a criminal courts charge order;

• “prison” includes any place where a person serving a sentence of detention for an offence is liable to be detained;

• “specified period” means a period of a length specified by the Lord Chancellor by regulations.