C2Part I Powers of Courts to deal with Offenders
Custodial sentences
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Community sentences
F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Probation and community service orders
F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Curfew orders
F1212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1313. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Orders: supplemental
F1414. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1515. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I116 Reciprocal enforcement of certain orders.
Schedule 3 to this Act shall have effect for making provision for and in connection with—
F16a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the making and amendment in Scotland or Northern Ireland of F17certain orders relating to persons residing in England and Wales.
Financial penalties
E1I217 Increase of certain maxima.
C11
In section 37 (standard scale of fines) of the M1Criminal Justice Act 1982 (“the 1982 Act”) and section 289G of the M2Criminal Procedure (Scotland) Act 1975 (corresponding Scottish provision), for subsection (2) there shall be substituted the following subsection—
2
The standard scale is shown below—
Level on the scale
Amount of fine
1
£200
2
£500
3
£1,000
4
£2,500
5
£5,000
2
Part I of the M3Magistrates’ Courts Act 1980 (“the 1980 Act”) shall be amended as follows—
a
in section 24(3) and (4) (maximum fine on summary conviction of young person for indictable offence) F18. . ., for “£400” there shall be substituted “£1,000”;
b
in section 24(4) (maximum fine on summary conviction of child for indictable offence) F18. . ., for “£100” there shall be substituted “£250”; and
c
in section 32(9) (maximum fine on summary conviction of offence triable either way), for “c£2,000” there shall be substituted “£5,000”;
and in section 289B(6) of the Criminal Procedure (Scotland) Act 1975 (interpretation), in the definition of “prescribed sum”, for “£2,000” there shall be substituted “£5,000”.
3
Schedule 4 to this Act shall have effect as follows—
a
in each of the provisions mentioned in column 1 of Part I (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted the amount specified in column 4;
b
in each of the provisions mentioned in column 1 of Part II (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted the level on the standard scale specified in column 4;
c
in each of the provisions mentioned in column 1 of Part III (the general description of which is given in column 2), for the amount specified in column 3 there shall be substituted a reference to the statutory maximum;
d
the provisions set out in Part IV shall be substituted for Schedule 6A to the 1980 Act (fines that may be altered under section 143); and
e
F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2018. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2320A False statements as to financial circumstances.
1
A person who is charged with an offence who, in furnishing a statement of his financial circumstances in response to an official request—
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,
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.
F241A
A person who is charged with an offence who fails to furnish a statement of his financial circumstances in response to an official request shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
2
For the purposes of this section an official request is a request which—
a
is made by the F25designated officer for the magistrates’ court or the appropriate officer of the Crown Court, as the case may be; and
b
is expressed to be made for informing the court, in the event of his being convicted, of his financial circumstances for the purpose of determining the amount of any fine the court may impose F26and how it should be paid.
3
Proceedings in respect of an offence under this section 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.
Financial penalties: supplemental
F2721. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2822. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E2I323 Default in other cases.
1
In the F29Table in 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 M4Criminal 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 M5Administration 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.
I424 Recovery of fines etc. by deductions from income support.
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 F30, a jobseeker’s allowance F31, state pension credit or an F55... employment and support allowance
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 F32that benefit, 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;
F33aa
provision that the court may require the offender to provide prescribed information in connection with an application;
b
provision allowing or requiring adjudication as regards an application, and provision as to F34appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act;
c
provision as to the circumstances and manner in which and the times at which sums are to be deducted and paid;
d
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.
F372A
An offender who fails to provide information required by the court by virtue of subsection (2)(aa) commits an offence.
2B
An offender commits an offence if, in providing information required by the court by virtue of that subsection, he—
a
makes a statement which he knows to be false in a material particular,
b
recklessly provides a statement which is false in a material particular, or
c
knowingly fails to disclose any material fact.
2C
A person guilty of an offence under subsection (2A) or (2B) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
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 F38section 140 of the Powers of Criminal Courts (Sentencing) Act 2000, 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 M6Administration of Justice Act 1970, as having been adjudged to be paid on conviction by such a court.
F39c
the reference in paragraph (a) to “the court” includes a reference to a court to which the function in that paragraph has been transferred by virtue of a transfer of fine order under section 89(1) or (3) or 90(1)(a) of the 1980 Act (power of magistrates’ court to make transfer of fine order) or under section F40section 222(1)(a) or (b) of the Criminal Procedure (Scotland) Act 1995 (analogous provision as respects Scotland) and a reference to a court to which that function has been remitted by virtue of section 196(2) of the said Act of 1975 (enforcement of fine imposed by High Court of Justiciary).
F413A
This section applies in relation to a surcharge imposed under section 161A of the Criminal Justice Act 2003 as if any reference in subsection (1) or (3) above to a fine included a reference to a surcharge.
4
In this section—
“fine” includes—
- (a)
(a) a penalty imposed under F42section 29 or 37 of the Vehicle Excise and Registration Act 1994 or section 102(3)(aa) of the M7Customs and Excise Management Act 1979 (penalties imposed for certain offences in relation to vehicle excise licences);
- (b)
(b) an amount ordered to be paid, in addition to any penalty so imposed, under F42section 30, 36 or 38 of the Vehicle Excise and Registration Act 1994 (liability to additional duty);
- (c)
(c) an amount ordered to be paid by way of costs which is, by virtue of section 41 of the M8Administration of Justice Act 1970, treated as having been adjudged to be paid on a conviction by a magistrates’ court;
- (a)
F57...
“income support” means income support within the meaning of the M9Social Security Act 1986, either alone or together with any F43... F44 incapacity benefit, F45or retirement pension 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 F46section 211(4) of the Criminal Procedure (Scotland) Act 1995, 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 F47section 252 of the Criminal Procedure (Scotland) Act 1995, as having been so made.
Miscellaneous
F4825. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E3I526 Alteration of certain penalties.
1
In section 7 of the M10Theft 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.
F493
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In section 51(4) of the M11Criminal 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.
I627 Treatment of offenders under 1983 Act.
1
After section 39 of the 1983 Act there shall be inserted the following section—
39A Information to facilitate guardianship orders.
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—
54A Reduction of period for making hospital orders.
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”.
Supplemental
F5028. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I730 Rules, regulations and orders.
1
Any power of the Secretary of State F52. . . 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 F53. . . shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Pt. I (ss. 1-31) applied (E.W.) (1.10.1997) by 1997 c. 43, ss. 28(9), 33(3)-(5); S.I. 1997/2200, art.2 (subject to savings in art. 5)
Pt. I (ss. 1-31) modified (E.W.) (1.1.1998) by 1997 c. 43, s. 35(4)(b); S.I. 1997/2200, art.3 (subject to savings in art. 5)
Pt. I (ss. 1-31) extended (with modifications) (E.W.) (1.1.1998) by 1997 c. 43, s. 35(7)(b); S.I. 1997/2200, art.3 (subject to savings in art. 5)
Pt. I (ss. 1-31) extended (with modifications) (E.W.) (30.9.1998) by 1998 c. 37, s. 61(4) (with Sch. 9 para. 4); S.I. 1998/2327, art.2(1)(n).
Pt. I (ss. 1-31) extended (with modifications) (E.W.) (30.9.1998) by 1998 c. 37, s. 69(11); S.I. 1998/2327, art.2(1)(o)
Pt. I (ss. 1-31) applied (E.W.) (30.9.1998) by 1998 c. 37, s. 18(2); S.I. 1998/2327, art.2(1)(f).
Pt. I (ss. 1-31) extended (E.W.) (1.4.2000) by 1998 c. 37, ss. 73(4); S.I. 1999/3426, art. 3(a)
Pt. I (ss. 1-31) applied (E.W.) (30.9.1998) by 1997 c. 43, ss. 37(4)(5) (as substituted (E.W.) (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 51(2); S.I. 1998/2327, art.2(1)(w)).
Pt. I (ss. 1-31) extended (E.W.) (30.9.1998) by 1997 c. 43, ss. 37(4)(5) (as substituted (E.W.) (30.9.1998) by 1998 c. 37, s. 106, Sch.7 para. 51(2); S.I. 1998/2327, art.2(1)(w)).
Pt. I (ss. 1-31) restricted (E.W.) (26.6.2000) by 1999 c. 23, s. 4(4)(a), (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1587, art. 2(a)