380Order for parent or guardian to pay fine, costs, compensation or surchargeE+W
(1)Where any enactment provides that this section applies to an amount which, but for that enactment, the court would order the offender to pay, the court—
(a)must, or
(b)if the offender is aged 16 or over, may,
order that the amount is to be paid by the parent or guardian instead of by the offender himself or herself.
(2)Subsection (1) does not apply if the court is satisfied that—
(a)the parent or guardian cannot be found, or
(b)that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.
(3)No order may be made under subsection (1) without giving the parent or guardian an opportunity of being heard.
(4)But an order under subsection (1) may be made against a parent or guardian who, having been required to attend, has failed to do so.
(5)A parent or guardian may appeal to the Crown Court against an order under subsection (1) made by a magistrates' court.
(6)A parent or guardian may appeal to the Court of Appeal against an order under subsection (1) made by the Crown Court, as if the parent or guardian had been convicted on indictment and the order were a sentence passed on the parent's or guardian's conviction.
Modifications etc. (not altering text)
C1S. 380 applied by 2000 c. 6, Sch. 5 para. 2(3A) (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 170(3) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
Commencement Information
I1S. 380 in force at 1.12.2020 by S.I. 2020/1236, reg. 2