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Sentencing Act 2020

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Changes over time for: Section 128

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Point in time view as at 28/06/2022.

Changes to legislation:

Sentencing Act 2020, Section 128 is up to date with all changes known to be in force on or before 25 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

128Fine imposed on offender aged under 18: payment by parent or guardianE+W

(1)This section applies where a court—

(a)is dealing with an offender for an offence,

(b)the offender is aged under 18 when convicted, and

(c)but for this subsection, the court would impose a fine on the offender in respect of the offence.

(2)Section 380 (order for payment by parent or guardian) applies to the fine.

(3)Subsections (4) to (6) apply for the purposes of any order made under section 380 against the offender's parent or guardian.

(4)The following provisions are to be read as if any reference to the financial circumstances of the offender were a reference to the financial circumstances of the offender's parent or guardian—

(a)section 124 (duty of court to inquire into individual offender's financial circumstances);

(b)subsections (2) and (3) of section 125 (fixing of fine: exercise of court's powers).

This is subject to subsection (7).

(5)Section 126 (power to determine financial circumstances where offender is absent or fails to provide information) does not apply (but see section 382).

(6)The reference to the offender's means in section 125(4) (insufficient means to pay fine and surcharge) is to be read as a reference to the means of the offender's parent or guardian.

(7)For the purposes of any order under section 380 made against a local authority, section 124 does not apply.

Commencement Information

I1S. 128 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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