Part 12 U.K. Sentencing

Modifications etc. (not altering text)

C1 Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3

Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Chapter 8 U.K. Other provisions about sentencing

Fine defaulters E+W

300 Power to impose unpaid work requirement [F1 curfew requirement or attendance centre requirement] on fine defaulter E+W

(1) Subsection (2) applies in any case where, in respect of a person aged 16 or over, a magistrates' court—

(a) has power under Part 3 of the Magistrates' Courts Act 1980 (c. 43) to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)), or

(b) would, but for section 89 of the Sentencing Act (restrictions on custodial sentences for persons under 18), have power to issue such a warrant for such default.

(2) The magistrates' court may, instead of issuing a warrant of commitment or, as the case may be, proceeding under section 81 of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offender), order the person in default to comply with—

(a) an unpaid work requirement (as defined by section 199), or

(b) a curfew requirement (as defined by section 204)[F2 , or

(c) in a case where the person is aged under 25, an attendance centre requirement (as defined by section 214)]

(3) In this Part “default order” means an order under subsection (2).

(4) Subsections (3) and (4) of section 177 (which relate to electronic monitoring) have effect in relation to a default order as they have effect in relation to a community order.

(5) Where a magistrates' court has power to make a default order, it may, if it thinks it expedient to do so, postpone the making of the order until such time and on such conditions (if any) as it thinks just.

(6) Schedule 8 (breach, revocation or amendment of community order), Schedule 9 (transfer of community orders to Scotland or Northern Ireland) and Chapter 4 (further provisions about orders under Chapters 2 and 3) have effect in relation to default orders as they have effect in relation to community orders, but subject to the modifications contained in Schedule 31.

(7) Where a default order has been made for default in paying any sum—

(a) on payment of the whole sum to any person authorised to receive it, the order shall cease to have effect, and

(b) on payment of a part of the sum to any such person, the total number of hours or days to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.

(8) In calculating any reduction required by subsection (7)(b), any fraction of a day or hour is to be disregarded.

Textual Amendments

F1 Words in s. 300 heading inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 40(2), 153 (with Sch. 27 para. 13(2)); S.I. 2008/1586, art. 2(1), Sch. 1 para. 20

F2 S. 300(2)(c) and word inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 40(3), 153 (with Sch. 27 para. 13(2)); S.I. 2008/1586, art. 2(1), Sch. 1 para. 20

Modifications etc. (not altering text)

C2 S. 300 restricted (prosp.) by Education and Skills Act 2008 (c. 25), ss. 56-58, 173

Commencement Information

I1 S. 301 partly in force; s. 301 not in force at Royal Assent, see s. 336(3); s. 301(5) in force at 7.3.2005 by S.I. 2005/373, art. 2