Part 9Sentencing: Principles and Procedures

Chapter 2Principles and Procedures applying to Service Courts Only

Financial punishments

267Power of court to remit fine

(1)

This section applies where a court has, in fixing the amount of a fine in respect of a service offence, determined the offender's financial circumstances under section 249(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.

F1(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 269A, 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.