Modifications etc. (not altering text)
C1Part III (ss. 75–96) modified: (E.W.) by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 6(4)(6); by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 75(5)(6), 123(6), Sch. 8 para. 16; (3.2.1995) by 1994 c. 37, ss. 9(4)(6), 69(2) (with s. 66(2))
Part III (ss. 75-96) extended (1.9.1994) by 1994 c. 22, ss. 32(3)(a), 41(3)(a), 66(1)
Part III (ss. 75-96) applied (with modifications) (24.3.2003) (E.W.) by 2002 c. 29, ss. 35(3), 458(1)(3); S.I. 2003/333, art. 2 Sch.
C2Pt. III applied (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 85, 153; S.I. 2009/2606, art. 2(f)
(1)Where a magistrates’ court would, but for [F1section 89 of the Powers of Criminal Courts (Sentencing) Act 2000], have power to commit to prison a person under [F2the age of 18] for a default consisting in failure to pay, or want of sufficient distress to satisfy, a sum adjudged to be paid by a conviction, the court may, subject to the following provisions of this section, make—
(a)an order requiring the defaulter’s parent or guardian to enter into a recognizance to ensure that the defaulter pays so much of that sum as remains unpaid; or
(b)an order directing so much of that sum as remains unpaid to be paid by the defaulter’s parent or guardian instead of by the defaulter.
(2)An order under subsection (1) above shall not be made in respect of a defaulter—
(a)in pursuance of paragraph (a) of that subsection, unless the parent or guardian in question consents;
(b)in pursuance of paragraph (b) of that subsection, unless the court is satisfied in all the circumstances that it is reasonable to make the order.
(3)None of the following orders, namely—
(a)an order under [F3 section 60(1) of the said Act of 2000 M1] for attendance at an attendance centre; or
(b)any order under subsection (1) above,
shall be made by a magistrates’ court in consequence of a default of a person under [F2the age of 18] years consisting in failure to pay, or want of sufficient distress to satisfy, a sum adjudged to be paid by a conviction unless the court has since the conviction inquired into the defaulter’s means in his presence on at least one occasion.
(4)An order under subsection (1) above shall not be made by a magistrates’ court unless the court is satisfied that the defaulter has, or has had since the date on which the sum in question was adjudged to be paid, the means to pay the sum or any instalment of it on which he has defaulted, and refuses or neglects or, as the case may be, has refused or neglected, to pay it.
(5)An order under subsection (1) above may be made in pursuance of paragraph (b) of that subsection against a parent or guardian who, having been required to attend, has failed to do so; but, save as aforesaid, an order under that subsection shall not be made in pursuance of that paragraph without giving the parent or guardian an opportunity of being heard.
(6)A parent or guardian may appeal to the Crown Court against an order under subsection (1) above made in pursuance of paragraph (b) of that subsection.
(7)Any sum ordered under subsection (1)(b) above to be paid by a parent or guardian may be recovered from him in like manner as if the order had been made on the conviction of the parent or guardian of an offence.
(8)In this section—
“guardian”, in relation to a person under [F2the age of 18], means a person appointed, according to law, to be his guardian F4, or by order of a court of competent jurisdiction;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
“sum adjudged to be paid by a conviction” means any fine, costs, compensation or other sum adjudged to be paid by an order made on a finding of guilt, including an order made under [F6section 130 of the said Act 2000 M2] (compensation orders) F4.
Textual Amendments
F2Words in s. 81(1)(3)(8) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), ss. 68, 101(1), Sch. 8 para. 6(2), Sch. 12 para. 22(1); S.I. 1992/333, art. 2(2), Sch. 2
F4Words in s. 81(8) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
F5Definition of “the statutory restrictions upon the imprisonment of young offenders" repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 78, Sch. 16
Modifications etc. (not altering text)
C4S. 81 restricted (3.2.1995) by 1994 c. 37, ss. 9(4)(a), 69(2) (with s. 66(2))
S. 81 modified (1.1.1998) by 1997 c. 43, s. 35(2); S.I. 1997/2200, art. 3(a)
S. 81 amended (1.1.1998) by 1997 c. 43, s. 40(2); S.I. 1997/2200, art., 3(c)
Marginal Citations