Part 3Conditional cautions
F123AFinancial penalties
(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,
F2(b)
the person to whom the financial penalty is to be paid and how it may be paid.
(6)
To comply with the condition, the offender must pay the penalty F3in accordance with the provision specified under subsection (5)(b). .
F4(6A)
Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer.
(7)
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .