Part VIFinancial penalties and orders

Young offenders

138 Fixing of fine F1, compensation or surcharge to be paid by parent or guardian.

(1)

For the purposes of any order under section 137 above made against the parent or guardian of a child or young person—

F2(za)

subsection (3) of section 161A of the Criminal Justice Act 2003 (surcharges) and subsection (4A) of section 164 of that Act (fixing of fines) shall have effect as if any reference in those subsections to the offender’s means were a reference to those of the parent or guardian;

(a)

F3section 164 of the Criminal Justice Act 2003 (fixing of fines) shall have effect as if any reference in subsections (1) to (4) to the financial circumstances of the offender were a reference to the financial circumstances of the parent or guardian, and as if subsection (5) were omitted;

(b)

section 130(11) above (determination of compensation order) shall have effect as if any reference to the means of the person against whom the compensation order is made were a reference to the financial circumstances of the parent or guardian; and

(c)

section 130(12) above (preference to be given to compensation if insufficient means to pay both compensation and a fine) shall have effect as if the reference to the offender were a reference to the parent or guardian;

but in relation to an order under section 137 made against a local authority this subsection has effect subject to subsection (2) below.

(2)

For the purposes of any order under section 137 above made against a local authority, F4section 164(1) of the Criminal Justice Act 2003 and section 130(11) above shall not apply.

(3)

For the purposes of any order under section 137 above, where the parent or guardian of an offender who is a child or young person—

(a)

has failed to comply with an order under section 136 above, or

(b)

has otherwise failed to co-operate with the court in its inquiry into his financial circumstances,

and the court considers that it has insufficient information to make a proper determination of the parent’s or guardian’s financial circumstances, it may make such determination as it thinks fit.

(4)

Where a court has, in fixing the amount of a fine, determined the financial circumstances of a parent or guardian under subsection (3) above, subsections (2) to (4) of F5section 165 of the Criminal Justice Act 2003 (remission of fines) shall (so far as applicable) have effect as they have effect in the case mentioned in F6section 165(1), but as if the reference in F7section 165(2) to the offender’s financial circumstances were a reference to the financial circumstances of the parent or guardian.

(5)

In this section “local authority” has the same meaning as in the M1Children Act 1989.