Powers of Criminal Courts (Sentencing) Act 2000

Changes over time for: Section 140

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Powers of Criminal Courts (Sentencing) Act 2000, Section 140 is up to date with all changes known to be in force on or before 30 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

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View outstanding changes

Changes and effects yet to be applied to Section 140:

s. 12(1A)(g) inserted by 2019 c. 17 s. 13(6)
s. 82A(3A)-(3C) inserted by 2008 c. 4 s. 19(3)
s. 83(2)(aa) substituted for s. 83(2)(b)(c) by 2000 c. 43 Sch. 7 para. 178
s. 101(2A) inserted by 2003 c. 44 s. 298(3)
s. 140(3) words repealed by 2000 c. 43 Sch. 7 para. 194 Sch. 8

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 12(1A)(g) inserted by 2019 c. 17 s. 13(6)
s. 82A(3A)-(3C) inserted by 2008 c. 4 s. 19(3)
s. 83(2)(aa) substituted for s. 83(2)(b)(c) by 2000 c. 43 Sch. 7 para. 178
s. 101(2A) inserted by 2003 c. 44 s. 298(3)

140 Enforcement of F1... recognizances forfeited by Crown Court.E+W

(1)Subject to subsection (5) below, F2... a recognizance forfeited by the Crown Court shall be treated for the purposes of collection, enforcement and remission of the F3... sum as having been F4... forfeited—

(a)by a magistrates’ court specified in an order made by the Crown Court, or

(b)if no such order is made, by the magistrates’ court by which the offender [F5was committed to the Crown Court to be tried or dealt with or by which he] was sent to the Crown Court for trial under section 51 [F6or 51A] of the M1Crime and Disorder Act 1998,

F7...

(2)Subsection (3) below applies where a magistrates’ court issues a warrant of commitment on a default in the payment of—

F8(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a sum due under a recognizance forfeited by the Crown Court.

(3)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 M2Magistrates’ Courts Act 1980 (part payment) or section 85(2) of that Act (remission), that term as so reduced,

F9...

(4)Subsections (1) to (3) above shall apply in relation to a F10... recognizance forfeited by the criminal division of the Court of Appeal, or by the [F11Supreme Court] on appeal from that division, as they apply in relation to a F10... 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 F12... 120 of the M3Magistrates’ Courts Act 1980 as applied by subsection (1) above, remit the whole or any part of a F13... sum due under a recognizance forfeited by—

(a)the Crown Court,

(b)the criminal division of the Court of Appeal, or

(c)the [F11Supreme Court] on appeal from that division,

without the consent of the Crown Court.

(6)Any F14... sum the payment of which is enforceable by a magistrates’ court by virtue of this section shall be treated for the purposes of [F15section 38 of the Courts Act 2003 (application of receipts of designated officers)] F16... as being due under a recognizance forfeited by [F17a magistrates' court].

Textual Amendments

F1Words in s. 140 heading omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 166(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F2Words in s. 140(1) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 166(3)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F3Words in s. 140(1) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 166(3)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F4Words in s. 140(1) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 166(3)(c) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

F5Words in s. 140(1)(b) repealed (18.6.2012 for specified purposes; 5.11.2012 for specified purposes; 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 74(4)(a), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(2)(c)(3), Sch. (with arts. 3, 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3, 4)