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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 12 September 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.
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(1)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)if no such order is made, by the magistrates’ court by which the offender was 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 [F1or 51A] of the M1Crime and Disorder Act 1998,
and, in the case of a fine, as having been so imposed on conviction by the magistrates’ court in question.
(2)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.
(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,
notwithstanding that that term exceeds the period applicable to the case under section 149(1) of the M3Customs and Excise Management Act 1979 (maximum periods of imprisonment in default of payment of certain fines).
(4)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 House of Lords 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 M4Magistrates’ 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 House of Lords 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 M5Peace 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.
Textual Amendments
F1Words in s. 140(1)(b) inserted (9.5.2005 for specified purposes, 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)(b); S.I. 2005/1267, art. 2(1)(2)(b), Sch. Pt. 2; S.I. 2012/1320, art. 4(1)(c)(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)(d)(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)(2)(3) (with arts. 3, 4)
Modifications etc. (not altering text)
C1S. 140(1)-(4) applied (with modifications) (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 35(2), 458(1); S.I. 2003/333, art. 2, Sch. (with arts. 10-13)
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