Criminal Justice Act 2003

300 Power to impose unpaid work requirement [F1 curfew requirement or attendance centre requirement] on fine defaulter E+W

(1) Subsection (2) applies in any case where, in respect of a person aged 16 or over, a magistrates' court—

(a) has power under Part 3 of the Magistrates' Courts Act 1980 (c. 43) to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)), or

(b) would, but for [F2 section 227 of the Sentencing Code] (restrictions on custodial sentences for persons under 18), have power to issue such a warrant for such default.

(2) The magistrates' court may, instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offender), order the person in default to comply with—

(a) an unpaid work requirement (as defined by [F3 paragraph 1 of Schedule 9 to the Sentencing Code]), or

(b) a curfew requirement (as defined by [F4 paragraph 9 of that Schedule]), F5 ...

F5 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this Part “default order” means an order under subsection (2).

(4) [F6 Section 207(5) and (6) of the Sentencing Code and paragraph 10(3) of Schedule 9 to that Code] (which relate to electronic monitoring) have effect in relation to a default order as they have effect in relation to a community order.

(5) Where a magistrates' court has power to make a default order, it may, if it thinks it expedient to do so, postpone the making of the order until such time and on such conditions (if any) as it thinks just.

[F7 (6) The following provisions of the Sentencing Code have effect in relation to default orders as they have effect in relation to community orders, but subject to the modifications contained in Schedule 31 to this Act—

• sections 208(13), 210, 212 to 216, 394 and 395 (further provisions about community orders);

• Schedule 9 (community orders and suspended sentence orders: requirements);

• Schedule 10 (breach, revocation or amendment of community order);

• Schedule 11 (transfer of community orders to Scotland or Northern Ireland).]

(7) Where a default order has been made for default in paying any sum—

(a) on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect, and

(b) on payment of a part of the sum to any such person, the total number of hours or days to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.

(8) In calculating any reduction required by subsection (7)(b), any fraction of a day or hour is to be disregarded.

Textual Amendments

F1 Words in s. 300 heading inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 40(2), 153 (with Sch. 27 para. 13(2)); S.I. 2008/1586, art. 2(1), Sch. 1 para. 20

F2 Words in s. 300(1)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 241(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F3 Words in s. 300(2)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 241(3)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F4 Words in s. 300(2)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 241(3)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F5 S. 300(2)(c) and word omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 13 para. 6(1)(b)(2); S.I. 2022/520, reg. 5(q) (as amended by S.I. 2022/680, reg. 2(c))

F6 Words in s. 300(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 241(4) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F7 S. 300(6) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 241(5) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Modifications etc. (not altering text)

C1 S. 300 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173

Commencement Information

I1 S. 301 partly in force; s. 301 not in force at Royal Assent, see s. 336(3); s. 301(5) in force at 7.3.2005 by S.I. 2005/373, art. 2