SCHEDULES

SCHEDULE 13Taking control of goods: amendments

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

I1131

The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

I2132

1

Section 78 (limit on magistrates' courts' power to impose imprisonment etc.) is (until its repeal by the Criminal Justice Act 2003 (c. 44) comes into force) amended as follows.

2

In subsection (4) for “distress” substitute “ goods ”.

3

After subsection (4) insert—

4A

In subsection (4) the reference to want of sufficient goods to satisfy a fine is a reference to circumstances where—

a

there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the fine from a person, but

b

it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).

I3133

1

Section 163 (general definition) is amended as follows.

2

The existing words become subsection (1).

3

After that subsection insert—

2

In the definition of “sentence of imprisonment” in subsection (1) the reference to want of sufficient distress to satisfy a sum includes a reference to circumstances where—

a

there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but

b

it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).