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Sentencing Act 2020

Changes over time for: Section 132

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132Enforcement of fines imposed on offenders by Crown CourtE+W

(1)A fine imposed on an offender by the Crown Court is to be treated for the purposes of collection, enforcement and remission as having been imposed—

(a)by a magistrates' court specified in an order made by the Crown Court, or

(b)if no such order is made, by the magistrates' court by which the offender was sent to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998,

and as having been so imposed on conviction by the magistrates' court in question.

This is subject to subsection (5).

(2)Subsection (3) applies where a magistrates' court issues a warrant of commitment on a default in the payment of a fine imposed by the Crown Court on an offender.

(3)The term of imprisonment, or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000, specified in the warrant of commitment as the term which the offender is liable to serve is to be—

(a)the term fixed by the Crown Court under section 129(3), or

(b)if that term has been reduced under section 79(2) of the Magistrates' Courts Act 1980 (part payment) or section 85(2) of that Act (remission), that term as so reduced,

even if that term exceeds the period applicable to the case under section 149(1) of the Customs and Excise Management Act 1979 (maximum periods of imprisonment in default of payment of certain fines).

(4)Subsections (1) to (3) apply in relation to a fine imposed on an offender—

(a)by the criminal division of the Court of Appeal, or

(b)by the Supreme Court on appeal from that division,

as they apply in relation to a fine imposed by the Crown Court.

References in those subsections to the Crown Court (except the reference in subsection (1)(b)) are to be read accordingly.

(5)A magistrates' court must not, under section 85(1) of the Magistrates' Courts Act 1980 as applied by subsection (1), remit the whole or any part of a fine imposed by—

(a)the Crown Court,

(b)the criminal division of the Court of Appeal, or

(c)the Supreme Court on appeal from that division,

without the consent of the Crown Court.

(6)Where payment of a fine is enforceable by a magistrates' court by virtue of this section, the fine is to be treated for the purposes of section 38 of the Courts Act 2003 (application of receipts of designated officers) as having been imposed by a magistrates' court.

Commencement Information

I1S. 132 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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