C2Part 12Sentencing

Annotations:
Modifications etc. (not altering text)

C1Chapter 1General provisions about sentencing

Annotations:
Modifications etc. (not altering text)
C1

Pt. 12 Ch. 1: power to amend conferred (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 4(3), 153; S.I. 2009/3074, art. 2(d)

Fines

I1165Remission of fines

1

This section applies where a court has, in fixing the amount of a fine, determined the offender’s financial circumstances under section 164(5).

2

If, on subsequently inquiring into the offender’s financial circumstances, the court is satisfied that had it had the results of that inquiry when sentencing the offender it would—

a

have fixed a smaller amount, or

b

not have fined him,

it may remit the whole or part of the fine.

3

Where under this section the court remits the whole or part of a fine after a term of imprisonment has been fixed under section 139 of the Sentencing Act (powers of Crown Court in relation to fines) or section 82(5) of the Magistrates' Courts Act 1980 (magistrates' powers in relation to default) it must reduce the term by the corresponding proportion.

4

In calculating any reduction required by subsection (3), any fraction of a day is to be ignored.