Prospective
(1)A condition that the offender pay a financial penalty (a “financial penalty condition”) may not be attached to a conditional caution given in respect of an offence unless the offence is one that is prescribed, or of a description prescribed, in an order made by the Secretary of State.
(2)An order under subsection (1) must prescribe, in respect of each offence or description of offence in the order, the maximum amount of the penalty that may be specified under subsection (5)(a).
(3)The amount that may be prescribed in respect of any offence must not exceed—
(a)one quarter of the amount of the maximum fine for which a person is liable on summary conviction of the offence, or
(b)£250,
whichever is the lower.
(4)The Secretary of State may by order amend subsection (3) by—
(a)substituting a different fraction in paragraph (a);
(b)substituting a different figure in paragraph (b).
(5)Where a financial penalty condition is attached to a conditional caution, a relevant prosecutor must also specify—
(a)the amount of the penalty,
(b)the designated officer for a local justice area to whom the penalty is to be paid, and
(c)the address of that officer.
(6)To comply with the condition, the offender must pay the penalty to the specified officer.
(7)The offender may pay a sum in respect of the penalty by pre-paying and posting a letter containing that sum (in cash or otherwise) to the address specified under subsection (5)(c).
(8)If a person—
(a)claims to have made payment by the method described in subsection (7), and
(b)shows that his letter was posted,
then, unless the contrary is proved, payment is to be regarded as made at the time at which the letter would be delivered in the ordinary course of post.
(9)Subsection (7) is not to be read as preventing payment by other means.]
Textual Amendments
F1S. 23A inserted (8.7.2009 for specified purposes, 16.11.2009 for specified purposes, 8.4.2013 in so far as not already in force) by Police and Justice Act 2006 (c. 48), ss. 17(4), 53(1); S.I. 2009/1679, art. 2(1)(4); S.I. 2009/2774, art. 2(1)(3); S.I. 2013/592, art. 2(1)