Sentencing Act 2020

119 Power of magistrates’ court to fine where only imprisonment etc specified

(1) This section applies where under an enactment a magistrates’ court has power to sentence an offender to imprisonment or other detention but not to a fine.

It is immaterial whether the enactment was passed or made before or after the commencement of this Act.

(2) The magistrates’ court may impose a fine instead of sentencing the offender to imprisonment or other detention (unless an Act passed after 31 December 1879 expressly provides to the contrary).

(3) In the case of an offence which—

(a) is triable either way, and

(b) was committed before 12 March 2015,

a fine imposed under subsection (2) may not exceed the prescribed sum (within the meaning of section 32 of the Magistrates’ Courts Act 1980).

(4) In the case of a fine imposed under subsection (2) for a summary offence—

(a) the amount of the fine may not exceed level 3 on the standard scale, and

(b) the default term must not be longer than the term of imprisonment or detention to which the offender is liable on conviction of the offence.

For this purpose, “default term” means the term of imprisonment or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000 to which the offender would be subject in default of payment of the fine.

(5) In this section “enactment” includes an enactment contained in a local Act or in any order, regulation or other instrument having effect by virtue of an Act.