Sentencing Act 2020

382 Power to determine financial circumstances of offender’s parent or guardian

(1) For the purposes of any order under section 380, where—

(a) the parent or guardian of an offender aged under 18—

(i) has failed to comply with a financial circumstances order imposed by virtue of section 35(4), or

(ii) has otherwise failed to co-operate with the court in its inquiry into the parent’s or guardian’s financial circumstances, and

(b) the court considers that it has insufficient information to make a proper determination of the parent’s or guardian’s financial circumstances,

the court may make such determination as it thinks fit.

(2) Subsections (3) to (5) apply where a court has—

(a) made an order under section 380 in respect of a parent or guardian of an offender to pay the amount of a fine, and

(b) in fixing the amount of the fine, determined the financial circumstances of the parent or guardian under subsection (1).

(3) If on subsequently inquiring into the financial circumstances of the parent or guardian the court is satisfied that, had it had the results of that inquiry when sentencing the offender, it—

(a) would have fixed a smaller amount, or

(b) would not have fined the offender,

it may remit the whole or part of the fine.

(4) Where under subsection (3) the court remits the whole or part of the fine after a term of—

(a) imprisonment, or

(b) detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000,

has been fixed under section 82(5) of the Magistrates’ Courts Act 1980 (magistrates’ powers in relation to default) in respect of the amount ordered to be paid under section 380, the court must reduce the term by the corresponding proportion.

(5) In calculating any reduction required by subsection (4), any fraction of a day is to be ignored.