Part VIFinancial penalties and orders
Miscellaneous powers and duties of Crown Court in relation to fines etc.
139 Powers and duties of Crown Court in relation to fines and forfeited recognizances.
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 as may be specified in the order;
c
in the case of a recognizance, discharging the recognizance or reducing the amount due under it.
C1C42
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 108 above (detention of persons aged 18 to 20 for default) which he is to undergo if any sum which he is liable to pay is not duly paid or recovered.
C1C43
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 or detention in a young offender institution for that or another offence, or so sentences him 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 detention in a young offender institution; or
iii
of detention under section 108 above.
C1C44
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 them.
Table
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 |
5
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 or detention in a young offender institution or a term of detention under section 108 above, 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.
6
The power conferred by this section to discharge a recognizance or reduce the amount due under it 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 under recognizances.
7
Subject to subsection (8) below, the powers conferred by this section shall not be taken as restricted by any enactment which authorises the Crown Court to deal with an offender in any way in which a magistrates’ court might have dealt with him or could deal with him.
8
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 M1Customs and Excise Management Act 1979 (maximum periods of imprisonment in default of payment of certain fines).
C5C29
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 (4) above shall apply in relation to a fine imposed or recognizance forfeited by the criminal division of the Court of Appeal, or by the F3Supreme Court on appeal from that division, as they apply in relation to a fine imposed or recognizance forfeited by the Crown Court, and the references to the Crown Court in subsections (2) and (3) above shall be construed accordi gly.
10
For the purposes of any reference in this section, however expressed, to the term of imprisonment or other detention to which a person has been sentenced or which, or part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall, unless the context otherwise requires, be treated as a single term.
11
Any reference in this section, however expressed, to a previous sentence shall be construed as a reference to a previous sentence passed by a court in Great Britain.
140 Enforcement of fines imposed and recognizances forfeited by Crown Court.
C31
Subject to subsection (5) below, a fine imposed or a recognizance forfeited by the Crown Court shall be treated for the purposes of collection, enforcement and remission of the fine or other sum as having been imposed or forfeited—
a
by a magistrates’ court specified in an order made by the Crown Court, or
b
and, in the case of a fine, as having been so imposed on conviction by the magistrates’ court in question.
C32
Subsection (3) below applies where a magistrates’ court issues a warrant of commitment on a default in the payment of—
a
a fine imposed by the Crown Court; or
b
a sum due under a recognizance forfeited by the Crown Court.
C33
In such a case, the term of imprisonment or detention under section 108 above specified in the warrant of commitment as the term which the offender is liable to serve shall be—
a
the term fixed by the Crown Court under section 139(2) above, or
b
if that term has been reduced under section 79(2) of the M3Magistrates’ Courts Act 1980 (part payment) or section 85(2) of that Act (remission), that term as so reduced,
notwithstanding that that term exceeds the period applicable to the case under section 149(1) of the M4Customs and Excise Management Act 1979 (maximum periods of imprisonment in default of payment of certain fines).
C34
Subsections (1) to (3) above shall apply in relation to a fine imposed or recognizance forfeited by the criminal division of the Court of Appeal, or by the F4Supreme Court on appeal from that division, as they apply in relation to a fine imposed or recognizance forfeited by the Crown Court; and references in those subsections to the Crown Court (except the references in subsection (1)(b)) shall be construed accordingly.
5
A magistrates’ court shall not, under section 85(1) or 120 of the M5Magistrates’ Courts Act 1980 as applied by subsection (1) above, remit the whole or any part of a fine imposed by, or sum due under a recognizance forfeited by—
a
the Crown Court,
b
the criminal division of the Court of Appeal, or
c
the F4Supreme Court on appeal from that division,
without the consent of the Crown Court.
6
Any fine or other sum the payment of which is enforceable by a magistrates’ court by virtue of this section shall be treated for the purposes of the Justices of the M6Peace Act 1997 and, in particular, section 60 of that Act (application of fines and fees) as having been imposed by a magistrates’ court, or as being due under a recognizance forfeited by such a court.
141 Power of Crown Court to allow time for payment, or payment by instalments, of costs and compensation.
Where the Crown Court makes any such order as is mentioned in Part I of Schedule 9 to the M7Administration of Justice Act 1970 (orders against accused for the payment of costs or compensation), the court may—
a
allow time for the payment of the sum due under the order;
b
direct payment of that sum by instalments of such amounts and on such dates as the court may specify.
142 Power of Crown Court to order search of persons before it.
1
Where—
F2za
the Crown Court orders a person to pay a surcharge under section 161A of the Criminal Justice Act 2003,
a
the Crown Court imposes a fine on a person or forfeits his recognizance,
b
the Crown Court makes against a person any such order as is mentioned in paragraph 3, 4 or 9 of Schedule 9 to the Administration of Justice Act 1970 (orders for the payment of costs),
c
the Crown Court makes a compensation order against a person,
d
the Crown Court makes against a person an order under section 137 above (order for parent or guardian to pay fine, costs F1, compensation or surcharge), or
e
on the determination of an appeal brought by a person under section 108 of the M8Magistrates’ Courts Act 1980 a sum is payable by him, whether by virtue of an order of the Crown Court or by virtue of a conviction or order of the magistrates’ court against whose decision the appeal was brought,
then, if that person is before it, the Crown Court may order him to be searched.
2
Any money found on a person in a search under this section may be applied, unless the court otherwise directs, towards payment of the fine or other sum payable by him; and the balance, if any, shall be returned to him.