PART I continued
(3) In making any such determination as is mentioned in subsection (2)(a) above, a court shall take into account all such information about the circumstances of the offence (including any aggravating or mitigating factors) as is available to it.
(4) The number of units determined under subsection (2)(a) above shall not exceed—
(a) 2 units in the case of a level 1 offence;
(b) 5 units in the case of a level 2 offence;
(c) 10 units in the case of a level 3 offence;
(d) 25 units in the case of a level 4 offence; and
(e) 50 units in the case of a level 5 offence or a statutory maximum offence;
and in this subsection “level 1 offence” means a summary offence which is punishable by a fine not exceeding level 1 on the standard scale, and corresponding expressions shall be construed accordingly.
(5) Subject to subsection (6) below, the amount determined under subsection (2)(b) above in the case of any offender shall not be—
(a) less than 1/50th of level 1 on the standard scale (£4 at the commencement of section 17 above); or
(b) more than 1/50th of level 5 on that scale (£100 at that commencement).
(6) Where the fine is payable by a person who is under the age of 18 years, subsection (5) above shall have effect as if for any reference to a fraction or amount there were substituted—
(a) a reference to 1/20th of that fraction or amount in the case of a fine payable by a person who is under the age of 14 years; and
(b) a reference to 1/5th of that fraction or amount in the case of a fine payable by a person who has attained that age.
(7) Nothing in subsection (2) above shall prevent any of the following, namely—
(a) in the case of an offence in relation to which a compensation order is made, the reduction of the amount of the fine in pursuance of section 35(4A) of the 1973 Act;
(b) in the case of a fixed penalty offence (within the meaning of Part III of the [1988 c. 53.] Road Traffic Offenders Act 1988), the increase of the amount of the fine to the level of the fixed penalty; and
(c) in the case of an offence of installing or using any apparatus for wireless telegraphy except under a licence granted under section 1 of the [1949 c. 54.] Wireless Telegraphy Act 1949, the increase of the amount of the fine by an amount not exceeding the sum which would have been payable on the issue of such a licence.
(8) Where the offender—
(a) has been convicted in his absence in pursuance of section 11 or 12 of the 1980 Act (non-appearance of accused); or
(b) has failed to comply with an order under section 20(1) below,
and (in either case) the court has insufficient information to make a proper determination under subsection (2)(b) above, it may, within the limits set by subsection (5) above, make such determination as it thinks fit.
(9) In section 41 of the [1988 c. 33.] Criminal Justice Act 1988 (“the 1988 Act”), subsection (7) (Crown Court sentencing powers in relation to summary offence dealt with together with either way offence) shall have effect as if this section had not been enacted.
(1) In fixing the amount of a fine (other than one the amount of which falls to be fixed under section 18 above), a court shall take into account among other things the means of the offender so far as they appear or are known to the court.
(2) Subsection (1) above applies whether taking into account the means of the offender has the effect of increasing or reducing the amount of the fine.
(1) Where a person has been convicted of an offence by a magistrates' court, the court may, before sentencing him, order him to furnish to the court within a period specified in the order such a statement of his means as the court may require.
(2) A person who without reasonable excuse fails to comply with an order under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) If a person in furnishing any statement in pursuance of an order under subsection (1) above—
(a) makes a statement which he knows to be false in a material particular;
(b) recklessly furnishes a statement which is false in a material particular; or
(c) knowingly fails to disclose any material fact,
he shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both.
(4) Proceedings in respect of an offence under subsection (3) above may, notwithstanding anything in section 127(1) of the 1980 Act (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months from its first discovery by the prosecutor, whichever period expires the earlier.
(5) Without prejudice to the generality of subsection (1) of—
(a) section 84 of the [1981 c. 54.] Supreme Court Act 1981; and
(b) section 144 of the 1980 Act,
the power to make rules under each of those sections shall include power to prescribe the form in which statements are to be furnished in pursuance of orders under subsection (1) above; and rules made by virtue of this subsection may make different provision for different cases or classes of case.
(1) This section applies where, in the case of a fine the amount of which has been fixed by a magistrates' court under section 18 above, the determination of the offender’s disposable weekly income—
(a) would have been of a lesser amount but for subsection (5)(a) of that section; or
(b) was made by virtue of subsection (8) of that section.
(2) In a case falling within subsection (1)(a) above, the court may, on inquiring into the offender’s means or at a hearing under section 82(5) of the 1980 Act (issue of warrant of commitment for default), remit the whole or any part of the fine if the court considers that its payment by the offender within twelve months of the imposition of the fine would cause the offender undue hardship.
(3) In a case falling within subsection (1)(b) above, the court may, on inquiring into the offender’s disposable weekly income or at such a hearing as is mentioned in subsection (2) above, remit the whole or any part of the fine if the court thinks it just to do so having regard—
(a) to the amount of that income as determined by the court under this subsection in accordance with rules made by the Lord Chancellor; and
(b) if applicable, to the provisions of subsection (2) above.
(4) Where the court remits the whole or part of a fine under subsection (2) or (3) above after a term of imprisonment has been fixed under the said section 82(5), it shall also reduce the term by an amount which bears the same proportion to the whole term as the amount remitted bears to the whole fine or, as the case may be, shall remit the whole term.
(5) In calculating the reduction in a term of imprisonment required by subsection (4) above, any fraction of a day shall be left out of account.
(1) Where default is made in paying a fine the amount of which has been fixed under section 18 above without applying paragraph (b) or (c) of subsection (7) of that section, this section shall have effect, in place of Schedule 4 to the 1980 Act, in relation to any committal of the defaulter to prison.
(2) Subject to subsection (3) below, the maximum period of imprisonment applicable in the case of a fine fixed on the basis of a number of units specified in the first column of the following Table shall be the period set out opposite to it in the second column of that Table.
| Not more than 2 units | 7 days |
| More than 2 units but not more than 5 units | 14 days |
| More than 5 units but not more than 10 units | 28 days |
| More than 10 units but not more than 25 units | 45 days |
| More than 25 units | 3 months |
(3) Where the amount of a fine due at the time the imprisonment is imposed is so much of the fine as remains due after part payment, then, subject to subsection (4) below, the maximum period given by subsection (2) above shall be reduced by such number of days as bears to the total number of days in it the same proportion as the part of the fine paid bears to the whole fine.
(4) In calculating the reduction required under subsection (3) above, any fraction of a day shall be left out of account and the maximum period shall not be reduced to less than 7 days.
(5) In this section “prison” includes a young offender institution and “imprisonment” includes detention in such an institution.
(1) In the Tables in section 31(3A) of the 1973 Act and paragraph 1 of Schedule 4 to the 1980 Act (maximum periods of imprisonment for default in paying fines etc.), for the entries relating to amounts not exceeding £5,000 there shall be substituted the following entries—
| “An amount not exceeding £200 | 7 days |
| An amount exceeding £200 but not exceeding £500 | 14 days |
| An amount exceeding £500 but not exceeding £1,000 | 28 days |
| An amount exceeding £1,000 but not exceeding £2,500 | 45 days |
| An amount exceeding £2,500 but not exceeding £5,000 | 3 months”. |
(2) For the Table in section 407(1A) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (maximum period of imprisonment for failure to pay fine or find caution) there shall be substituted the following Table—
| “Amount of fine or caution | Maximum period of imprisonment |
|---|---|
| An amount not exceeding £200 | 7 days |
| An amount exceeding £200 but not exceeding £500 | 14 days |
| An amount exceeding £500 but not exceeding £1,000 | 28 days |
| An amount exceeding £1,000 but not exceeding £2,500 | 45 days |
| An amount exceeding £2,500 but not exceeding £5,000 | 3 months |
| An amount exceeding £5,000 but not exceeding £10,000 | 6 months |
| An amount exceeding £10,000 but not exceeding £20,000 | 12 months |
| An amount exceeding £20,000 but not exceeding £50,000 | 18 months |
| An amount exceeding £50,000 but not exceeding £100,000 | 2 years |
| An amount exceeding £100,000 but not exceeding £250,000 | 3 years |
| An amount exceeding £250,000 but not exceeding £1 million | 5 years |
| An amount exceeding £1 million | 10 years.” |
(3) In Schedule 16 (repeals) to the 1988 Act, the entry relating to subsection (8) of section 41 of the [1970 c. 31.] Administration of Justice Act 1970 shall cease to have effect; and that subsection (discretion of Crown Court to specify extended period of imprisonment in default of payment of compensation) shall have effect as if that entry had not been enacted.
(1) The Secretary of State may by regulations provide that where a fine has been imposed on an offender by a magistrates' court, or a sum is required to be paid by a compensation order which has been made against an offender by such a court, and (in either case) the offender is entitled to income support—
(a) the court may apply to the Secretary of State asking him to deduct sums from any amounts payable to the offender by way of income support, in order to secure the payment of any sum which is or forms part of the fine or compensation; and
(b) the Secretary of State may deduct sums from any such amounts and pay them to the court towards satisfaction of any such sum.
(2) The regulations may include—
(a) provision that, before making an application, the court shall make an enquiry as to the offender’s means;
(b) provision allowing or requiring adjudication as regards an application, and provision as to appeals and reviews;
(c) provision as to the circumstances and manner in which and the times at which sums are to be deducted and paid;
(d) provision as to the calculation of such sums (which may include provision to secure that amounts payable to the offender by way of income support do not fall below prescribed figures);
(e) provision as to the circumstances in which the Secretary of State is to cease making deductions;
(f) provision requiring the Secretary of State to notify the offender, in a prescribed manner and at any prescribed time, of the total amount of sums deducted up to the time of notification; and
(g) provision that, where the whole amount to which the application relates has been paid, the court shall give notice of that fact to the Secretary of State.
(3) In subsection (1) above—
(a) the reference to a fine having been imposed by a magistrates' court includes a reference to a fine being treated, by virtue of section 32 of the 1973 Act, as having been so imposed; and
(b) the reference to a sum being required to be paid by a compensation order which has been made by a magistrates' court includes a reference to a sum which is required to be paid by such an order being treated, by virtue of section 41 of the [1970 c. 31.] Administration of Justice Act 1970, as having been adjudged to be paid on conviction by such a court.
(4) In this section—
“fine” includes—
(a) a penalty imposed under section 8(1) or 18(4) of the [1971 c. 10.] Vehicles (Excise) Act 1971 or section 102(3)(aa) of the [1979 c. 2.] Customs and Excise Management Act 1979 (penalties imposed for certain offences in relation to vehicle excise licences);
(b) an amount ordered to be paid, in addition to any penalty so imposed, under section 9, 18A or 26A of the said Act of 1971 (liability to additional duty);
(c) an amount ordered to be paid by way of costs which is, by virtue of section 41 of the [1970 c. 31.] Administration of Justice Act 1970, treated as having been adjudged to be paid on a conviction by a magistrates' court;
“income support” means income support within the meaning of the [1986 c. 50.] Social Security Act 1986, either alone or together with any unemployment, sickness or invalidity benefit, retirement pension or severe disablement allowance which is paid by means of the same instrument of payment;
“prescribed” means prescribed by regulations made by the Secretary of State.
(5) In the application of this section to Scotland—
(a) references in subsections (1) and (2) above to a magistrates' court shall be construed as references to a court; and
(b) in subsection (3) above, for paragraphs (a) and (b) there shall be substituted the following paragraphs—
“(a) the reference to a fine having been imposed by a court includes a reference to a fine being treated, by virtue of section 196(2) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975, as having been so imposed; and
(b) the reference to a compensation order having been made by a court includes a reference to such an order being treated, by virtue of section 66 of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980, as having been so made.”
(1) For section 38 of the 1980 Act there shall be substituted the following section—
(1) This section applies where on the summary trial of an offence triable either way (not being an offence as regards which this section is excluded by section 33 above) a person who is not less than 18 years old is convicted of the offence.
(2) If the court is of opinion—
(a) that the offence or the combination of the offence and other offences associated with it was so serious that greater punishment should be inflicted for the offence than the court has power to impose; or
(b) in the case of a violent or sexual offence committed by a person who is not less than 21 years old, that a sentence of imprisonment for a term longer than the court has power to impose is necessary to protect the public from serious harm from him,
the court may, in accordance with section 56 of the [1967 c. 80.] Criminal Justice Act 1967, commit the offender in custody or on bail to the Crown Court for sentence in accordance with the provisions of section 42 of the [1973 c. 62.] Powers of Criminal Courts Act 1973.
(3) Paragraphs (a) and (b) of subsection (2) above shall be construed as if they were contained in Part I of the Criminal Justice Act 1991.
(4) The preceding provisions of this section shall apply in relation to a corporation as if—
(a) the corporation were an individual who is not less than 18 years old; and
(b) in subsection (2) above, paragraph (b) and the words “in custody or on bail” were omitted.”
(2) In Schedule 3 to the 1980 Act, paragraph 5 (provisions relating to committal to Crown Court for sentence not to apply to a corporation) shall cease to have effect.
(1) In section 7 of the [1968 c. 60.] Theft Act 1968 (theft), for the words “ten years” there shall be substituted the words “seven years”.
(2) For subsections (3) and (4) of section 9 of that Act (burglary) there shall be substituted the following subsections—
“(3) A person guilty of burglary shall on conviction on indictment be liable to imprisonment for a term not exceeding—
(a) where the offence was committed in respect of a building or part of a building which is a dwelling, fourteen years;
(b) in any other case, ten years.
(4) References in subsections (1) and (2) above to a building, and the reference in subsection (3) above to a building which is a dwelling, shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is.”
(3) In section 10(2) of the [1973 c. 57.] Badgers Act 1973 (enforcement, penalties etc.), for the words preceding the proviso there shall be substituted the following—
“(2) Any person guilty of an offence under this Act shall be liable on summary conviction—
(a) in the case of an offence under section 1 or 2, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both;
(b) in the case of an offence under section 3 or 4, to a fine not exceeding that level; and
(c) in the case of an offence under section 5, to a fine not exceeding level 3 on that scale;”and in the proviso for the words “paragraph (b)” there shall be substituted the words “paragraph (a) or (b)”.
(4) In section 51(4) of the [1977 c. 45.] Criminal Law Act 1977 (penalties for bomb hoaxes)—
(a) in paragraph (a), for the words “three months” there shall be substituted the words “six months”; and
(b) in paragraph (b), for the words “five years” there shall be substituted the words “seven years”.
(5) The power saved by subsection (1) of section 70 of the 1982 Act (vagrancy offences) shall not include, in the case of an offence mentioned in paragraph (b)(i) of that subsection (sleeping rough), power to impose a fine which exceeds level 1 on the standard scale.
(1) After section 39 of the 1983 Act there shall be inserted the following section—
Where a court is minded to make a guardianship order in respect of any offender, it may request the local social services authority for the area in which the offender resides or last resided, or any other local social services authority that appears to the court to be appropriate—
(a) to inform the court whether it or any other person approved by it is willing to receive the offender into guardianship; and
(b) if so, to give such information as it reasonably can about how it or the other person could be expected to exercise in relation to the offender the powers conferred by section 40(2) below;
and that authority shall comply with any such request.”
(2) After section 54 of that Act there shall be inserted the following section—
(1) The Secretary of State may by order reduce the length of the periods mentioned in sections 37(4) and (5) and 38(4) above.
(2) An order under subsection (1) above may make such consequential amendments of sections 40(1) and 44(3) above as appear to the Secretary of State to be necessary or expedient.”
(3) In section 143(2) of that Act (general provisions as to regulations, orders and rules), after the words “this Act” there shall be inserted the words “or any order made under section 54A above”.
(1) Nothing in this Part shall prevent a court from mitigating an offender’s sentence by taking into account any such matters as, in the opinion of the court, are relevant in mitigation of sentence.
(2) Without prejudice to the generality of subsection (1) above, nothing in this Part shall prevent a court—
(a) from mitigating any penalty included in an offender’s sentence by taking into account any other penalty included in that sentence; or
(b) in a case of an offender who is convicted of one or more other offences, from mitigating his sentence by applying any rule of law as to the totality of sentences.
(3) Any mitigation of a fine the amount of which falls to be fixed under section 18 above shall be effected by determining under subsection (2)(a) of that section a smaller number of units than would otherwise have been determined.
(4) Nothing in this Part shall be taken—
(a) as requiring a court to pass a custodial sentence, or any particular custodial sentence, on a mentally disordered offender; or
(b) as restricting any power (whether under the 1983 Act or otherwise) which enables a court to deal with such an offender in the manner it considers to be most appropriate in all the circumstances.
(1) An offence shall not be regarded as more serious for the purposes of any provision of this Part by reason of any previous convictions of the offender or any failure of his to respond to previous sentences.
(2) Where any aggravating factors of an offence are disclosed by the circumstances of other offences committed by the offender, nothing in this Part shall prevent the court from taking those factors into account for the purpose of forming an opinion as to the seriousness of the offence.
(1) Any power of the Secretary of State or the Lord Chancellor to make rules, regulations or orders under this Part—
(a) shall be exercisable by statutory instrument; and
(b) shall include power to make different provision for different cases or classes of case.
(2) A statutory instrument containing any rules, regulations or order under this Part (other than an order under section 12(4) above) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) In this Part—
“attendance centre order” means an order under section 17 of the 1982 Act;
“combination order” means an order under section 11 above;
“community order” has the meaning given by section 6(4) above;
“community sentence” has the meaning given by section 6(1) above;
“curfew order” means an order under section 12 above;
“custodial sentence” means—
(a) in relation to an offender of or over the age of twenty-one years, a sentence of imprisonment; and
(b) in relation to an offender under that age, a sentence of detention in a young offender institution or under section 53 of the [1933 c. 12.] Children and Young Persons Act 1933 (“the 1933 Act”), or a sentence of custody for life under section 8(2) of the 1982 Act;
“mentally disordered”, in relation to any person, means suffering from a mental disorder within the meaning of the 1983 Act;
“pre-sentence report” has the meaning given by section 3(5) above;
“responsible officer” has the meaning given by section 15(3) above;
“sentence of imprisonment” does not include a committal or attachment for contempt of court;
“sexual offence” means an offence under the [1956 c. 69.] Sexual Offences Act 1956, the [1960 c. 33.] Indecency with Children Act 1960, the [1967 c. 60.] Sexual Offences Act 1967, section 54 of the [1977 c. 45.] Criminal Law Act 1977 or the [1978 c. 37.] Protection of Children Act 1978, other than—
(a) an offence under section 12 or 13 of the Sexual Offences Act 1956 which would not be an offence but for section 2 of the Sexual Offences Act 1967;
(b) an offence under section 30, 31 or 33 to 36 of the said Act of 1956; and
(c) an offence under section 4 or 5 of the said Act of 1967;
“supervision order” means a supervision order under the 1969 Act;
“violent offence” means an offence which leads, or is intended or likely to lead, to a person’s death or to physical injury to a person, and includes an offence which is required to be charged as arson (whether or not it would otherwise fall within this definition).
(2) For the purposes of this Part, an offence is associated with another if—
(a) the offender is convicted of it in the proceedings in which he is convicted of the other offence, or (although convicted of it in earlier proceedings) is sentenced for it at the same time as he is sentenced for that offence; or
(b) the offender admits the commission of it in the proceedings in which he is sentenced for the other offence and requests the court to take it into consideration in sentencing him for that offence.
(3) In this Part any reference, in relation to an offender convicted of a violent or sexual offence, to protecting the public from serious harm from him shall be construed as a reference to protecting members of the public from death or serious personal injury, whether physical or psychological, occasioned by further such offences committed by him.