Powers of Criminal Courts Act 1973 (repealed)

31 Powers, etc., of Crown Court in relation to fines and forfeited recognizances. E+W

(1) Subject to the provisions of this section, if the Crown Court imposes a fine on any person or forfeits his recognizance, the court may make an order—

(a) allowing time for the payment of the amount of the fine or the amount due under the recognizance;

(b) directing payment of that amount by instalments of such amounts and on such dates respectively as may be specified in the order;

(c) in the case of a recognizance, discharging the recognizance or reducing the amount due thereunder.

[F1 (2) Subject to the provisions of this section, if the Crown Court imposes a fine on any person or forfeits his recognizance, the court shall make an order fixing a term of imprisonment or of detention under section 9 of the Criminal Justice Act 1982 (detention of persons aged 17 to 20 for default) which he is to undergo if any sum which he is liable to pay is not duly paid or recovered.

(3) No person shall on the occasion when a fine is imposed on him or his recognizance is forfeited by the Crown Court be committed to prison or detained in pursuance of an order under subsection (2) above unless—

(a) in the case of an offence punishable with imprisonment, he appears to the court to have sufficient means to pay the sum forthwith;

(b) it appears to the court that he is unlikely to remain long enough at a place of abode in the United Kingdom to enable payment of the sum to be enforced by other methods; or

(c) on the occasion when the order is made the court sentences him to immediate imprisonment, custody for life, youth custody or detention in a detention centre for that or another offence, or sentences him as aforesaid for an offence in addition to forfeiting his recognizance, or he is already serving a sentence of custody for life or a term—

(i) of imprisonment;

(ii) of youth custody;

(iii) of detention in a detention centre; or

(iv) of detention under section 9 of the Criminal Justice Act 1982.

(3A) Subject to subsections (3B) and (3C) below, the periods set out in the second column of the following Table shall be the maximum periods of imprisonment or detention under subsection (2) above applicable respectively to the amounts set out opposite thereto.

[F2 Table

An amount not exceeding £50	5 days
An amount exceeding £50 but not exceeding £100	7 days
An amount exceeding £100 but not exceeding £400	14 days
An amount exceeding £400 but not exceeding £1,000	30 days
An amount exceeding £1,000 but not exceeding £2,000	45 days
An amount exceeding £2,000 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]

(3B) Where the amount due at the time imprisonment or detention is imposed is so much of a fine or forfeited recognizance as remains due after part payment, then, subject to subsection (3C) below, the maximum period applicable to the amount shall be the period applicable to the whole sum reduced by such number of days as bears to the total number of days therein the same proportion as the part paid bears to the total sum.

(3C) In calculating the reduction required under subsection (3B) above any fraction of a day shall be left out of account and the maximum period shall not be reduced to less than five days.

(4) Where any person liable for the payment of a fine or a sum due under a recognizance to which this section applies is sentenced by the court to, or is serving or otherwise liable to serve, a term of imprisonment of youth custody or a term of detention under section 4 or 9 of the Criminal Justice Act 1982, the court may order that any term of imprisonment or detention fixed under subsection (2) above shall not begin to run until after the end of the first-mentioned term.]

(5) The power conferred by this section to discharge a recognizance or reduce the amount due thereunder shall be in addition to the powers conferred by any other Act relating to the discharge, cancellation, mitigation or reduction of recognizances or sums forfeited thereunder.

(6) Subject to subsection (7) below, the powers conferred by this section shall not be taken as restricted by any enactment about committal by a magistrates’ court to the Crown Court which authorises the Crown Court to deal with an offender in any way in which the magistrates’ court might have dealt with him.

[F3 (7) Any term fixed under subsection (2) above as respects a fine imposed in pursuance of such an enactment, that is to say a fine which the magistrates’ court could have imposed, shall not exceed the period applicable to that fine (if imposed by the magistrates’ court) under section 149(1) of the Customs and Excise Management Act 1979.

(8) This section shall not apply to a fine imposed by the Crown Court on appeal against a decision of a magistrates’ court, but subsections (2) to (3C) above shall apply in relation to a fine imposed or recognizance forfeited by the criminal division of the Court of Appeal, or by the House of Lords from that division, as they apply in relation to a fine imposed or recognizance forfeited by the Crown Court, and references to the Crown Court in subsections (2) and (3) above shall be construed accordingly.]

Textual Amendments

F1 S. 31(2)–(4) substituted by Criminal Justice Act 1982 (c. 48, SIF 39:2), s. 69(1)

F2 Table substituted by virtue of S.I. 1984/447, arts. 1(2), 2(2), Sch. 2 and Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 60(1)(2), Sch. 8 para. 16

F3 S. 31(7)(8) substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 67(b)

Modifications etc. (not altering text)

C1 S. 31 extended by Contempt of Court Act 1981 (c. 49, SIF 39:3), s. 16(3), and by Supreme Court Act 1981 (c. 54), s. 140(3)(5)

C2 S. 31(1) modified by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 6(1)(6) and Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 75(1), Sch. 8 para. 16

C3 S. 31(2)(3) modified by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 6(1)(6), and Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 75(1), Sch. 8 para. 16

C4 S. 31(3A): power to amend Table in section 31(3A) conferred by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 143(2)(j) as added by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 48(1)(b)(iii)

C5 S. 31(3A) modified by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 6(1)(6) and Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 75(1), Sch. 8 para. 16

C6 S. 31(3A) modified (1.7.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), ss. 15(2), 16(4)(b); S.I. 1991/1072, art. 2(b), Sch. Pt.II

C7 S. 31(3B)(3C) modified by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 6(1)(6) and Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 75(1), Sch. 8 para. 16