Criminal Justice Act 1991

Financial penalties: supplemental E+W+S

F1 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F1 S. 21 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

F2 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F2 S. 22 repealed (20.9.1993) by 1993 c. 36, ss. 65(3)(4), 79(14), Sch. 3 para. 4, Sch. 6 Pt.I; S.I. 1993/1968, art. 2(2), Sch.2, Appendix.

23 Default in other cases. E+W+S

(1) In the [F3 Table in] paragraph 1 of Schedule 4 to the 1980 Act (maximum periods of imprisonment for default in paying fines etc.), for the entries relating to amounts not exceeding £5,000 there shall be substituted the following entries—

“An amount not exceeding £200	7 days
An amount exceeding £200 but not exceeding £500	14 days
An amount exceeding £500 but not exceeding £1,000	28 days
An amount exceeding £1,000 but not exceeding £2,500	45 days
An amount exceeding £2,500 but not exceeding £5,000	3 months”.

(2) For the Table in section 407(1A) of the M1 Criminal Procedure (Scotland) Act 1975 (maximum period of imprisonment for failure to pay fine or find caution) there shall be substituted the following Table—

“Amount of fine or caution	Maximum period of imprisonment
An amount not exceeding £200	7 days
An amount exceeding £200 but not exceeding £500	14 days
An amount exceeding £500 but not exceeding £1,000	28 days
An amount exceeding £1,000 but not exceeding £2,500	45 days
An amount exceeding £2,500 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.”

(3) In Schedule 16 (repeals) to the 1988 Act, the entry relating to subsection (8) of section 41 of the M2 Administration of Justice Act 1970 shall cease to have effect; and that subsection (discretion of Crown Court to specify extended period of imprisonment in default of payment of compensation) shall have effect as if that entry had not been enacted.

Extent Information

E1 S. 23 extends to England and Wales only except as mentioned in s. 102(4) - (6).

Textual Amendments

F3 Words in s. 23(1) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 135

Commencement Information

I1 S. 23 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Marginal Citations

M1 1975 c. 21.

M2 1970 c. 31.

24 Recovery of fines etc. by deductions from income support. E+W+S

(1) The Secretary of State may by regulations provide that where a fine has been imposed on an offender by a magistrates’ court, or a sum is required to be paid by a compensation order which has been made against an offender by such a court, and (in either case) the offender is entitled to income support [F4 , a jobseeker’s allowance or state pension credit]

(a) the court may apply to the Secretary of State asking him to deduct sums from any amounts payable to the offender by way of [F5 that benefit], in order to secure the payment of any sum which is or forms part of the fine or compensation; and

(b) the Secretary of State may deduct sums from any such amounts and pay them to the court towards satisfaction of any such sum.

(2) The regulations may include—

(a) provision that, before making an application, the court shall make an enquiry as to the offender’s means;

[F6 (aa) provision that the court may require the offender to provide prescribed information in connection with an application;]

(b) provision allowing or requiring adjudication as regards an application, and provision as to [F7 appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act];

(c) provision as to the circumstances and manner in which and the times at which sums are to be deducted and paid;

(d) provision as to the calculation of such sums (which may include provision to secure that amounts payable to the offender by way of income support [F8 , a jobseeker’s allowance or state pension credit] do not fall below prescribed figures);

(e) provision as to the circumstances in which the Secretary of State is to cease making deductions;

(f) provision requiring the Secretary of State to notify the offender, in a prescribed manner and at any prescribed time, of the total amount of sums deducted up to the time of notification; and

(g) provision that, where the whole amount to which the application relates has been paid, the court shall give notice of that fact to the Secretary of State.

[F9 (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.]

(3) In subsection (1) above—

(a) the reference to a fine having been imposed by a magistrates’ court includes a reference to a fine being treated, by virtue of [F10 section 140 of the Powers of Criminal Courts (Sentencing) Act 2000], as having been so imposed; and

(b) the reference to a sum being required to be paid by a compensation order which has been made by a magistrates’ court includes a reference to a sum which is required to be paid by such an order being treated, by virtue of section 41 of the M3 Administration of Justice Act 1970, as having been adjudged to be paid on conviction by such a court.

[F11 (c) the reference in paragraph (a) to “the court” includes a reference to a court to which the function in that paragraph has been transferred by virtue of a transfer of fine order under section 89(1) or (3) or 90(1)(a) of the 1980 Act (power of magistrates’ court to make transfer of fine order) or under section [F12 section 222(1)(a) or (b) of the Criminal Procedure (Scotland) Act 1995] (analogous provision as respects Scotland) and a reference to a court to which that function has been remitted by virtue of section 196(2) of the said Act of 1975 (enforcement of fine imposed by High Court of Justiciary).]

(4) In this section—

• “fine” includes—

(a) a penalty imposed under [F13 section 29 or 37 of the Vehicle Excise and Registration Act 1994] or section 102(3)(aa) of the M4 Customs and Excise Management Act 1979 (penalties imposed for certain offences in relation to vehicle excise licences);

(b) an amount ordered to be paid, in addition to any penalty so imposed, under [F13 section 30, 36 or 38 of the Vehicle Excise and Registration Act 1994] (liability to additional duty);

(c) an amount ordered to be paid by way of costs which is, by virtue of section 41 of the M5 Administration of Justice Act 1970, treated as having been adjudged to be paid on a conviction by a magistrates’ court;

• “income support” means income support within the meaning of the M6 Social Security Act 1986, either alone or together with any F14 . . . [F15 incapacity] benefit, [F16 or retirement pension]which is paid by means of the same instrument of payment;

• “prescribed” means prescribed by regulations made by the Secretary of State.

(5) In the application of this section to Scotland—

(a) references in subsections (1) and (2) above to a magistrates’ court shall be construed as references to a court; and

(b) in subsection (3) above, for paragraphs (a) and (b) there shall be substituted the following paragraphs—

“(a) the reference to a fine having been imposed by a court includes a reference to a fine being treated, by virtue of [F17 section 211(4) of the Criminal Procedure (Scotland) Act 1995], as having been so imposed; and

(b) the reference to a compensation order having been made by a court includes a reference to such an order being treated, by virtue of [F18 section 252 of the Criminal Procedure (Scotland) Act 1995], as having been so made.”

Textual Amendments

F4 Words in s. 24(1) substituted (2.7.2002 for specified purposes and otherwise 6.10.2003) by State Pension Credit Act 2002 (c. 16), ss. 14, 22(2)(3), Sch. 2 para. 31(a); S.I. 2002/1691, art. 2 ; S.I. 2003/1766, art. 2

F5 Words in s. 24(1)(a) substituted (11.6.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 21; S.I. 1996/1509, art. 2, Sch.

F6 S. 24(2)(aa) inserted (E.W.) (5.4.2004) by Courts Act 2003 (c. 39), ss. 96(1)(2) , 110; S.I. 2004/174, art. 3

F7 Words in s. 24(2)(b) substituted (18.10.1998 for specified provisions, 29.11.1999 for further specified provisions, otherwise prosp.) by 1998 c. 14, s. 86(1), Sch.7 para. 55; S.I. 1999/2860, art. 2, Sch. 1 (with art. 5 and subject to transitional provisions in Schs. 16-18); S.I. 1999/3178, art. 2, Sch. 1 (subject to transitional provisions in Schs. 21-23)

F8 Words in s. 24(2)(d) substituted (2.7.2002 for specified purposes and otherwise 6.10.2003) by State Pension Credit Act 2002 (c. 16), ss. 14, 22(2)(3), Sch. 2 para. 31(b) ; S.I. 2002/1691, art. 2 ; S.I. 2003/1766, art. 2

F9 S. 24(2A)-(2C) inserted (E.W.) (5.4.2004) by Courts Act 2003 (c. 39), ss. 96(3) , 110; S.I. 2004/174, art. 3

F10 Words in s. 24(3) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 136

F11 S. 24(3)(c) inserted (3.2.1995) by 1994 c. 33, s. 47(3); S.I. 1995/127, art. 2(1), Sch. 1

F12 Words in s. 24(3)(c) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 80(2)(c)

F13 Words in s. 24(4) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 30 (with s. 57(4))

F14 Words in s. 24(4) repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2

F15 Word in s. 24(4) substituted (13.4.1995) by 1994 c. 18, s. 11(1), Sch. 1 Pt. II para. 55; S.I. 1994/2926, art. 2, Sch. Pt. IV

F16 Words in definition of “income support” in s. 24(4) substituted (6.4.2001) by 1999 c. 30, s. 70, Sch. 8 Pt. III para. 27; S.I. 2000/2958, art. 2(6)(b) (subject to arts. 3, 4)

F17 S. 24(5)(a): words in subsecton (3)(a) as it applies to Scotland substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 80(2)(a)

F18 S. 24(5)(b): words in subsecton (3)(b) as it applies to Scotland substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 80(2)(b)

Commencement Information

I2 S. 24 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

Marginal Citations

M3 1970 c. 31.

M4 1979 c. 2.

M5 1970 c. 31.

M6 1986 c. 50.