THIRD GROUP OF PARTSDisposals
PART 7Financial orders and orders relating to property
CHAPTER 1Fines
Fines: payment
I1128Fine imposed on offender aged under 18: payment by parent or guardian
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.