Part VIFinancial penalties and orders
Miscellaneous powers and duties of Crown Court in relation to F8recognizancesetc.
139 Powers and duties of Crown Court in relation to F9... forfeited recognizances.
1
Subject to the provisions of this section, if the Crown Court F15forfeits a person's recognizance, the court may make an order—
a
allowing time for the payment of F36... the amount due under the recognizance;
b
directing payment of that amount by instalments of such amounts and on such dates as may be specified in the order;
c
F16... discharging the recognizance or reducing the amount due under it.
C1C4C82
Subject to the provisions of this section, if the Crown Court F11forfeits a person's recognizance, the court shall make an order fixing a term of imprisonment or of detention under section 108 above (detention of persons aged 18 to 20 for default) which he is to undergo if any sum which he is liable to pay is not duly paid or recovered.
C1C4C83
No person shall on the occasion when F13... his recognizance is forfeited by the Crown Court be committed to prison or detained in pursuance of an order under subsection (2) above unless—
a
in the case of an offence punishable with imprisonment, he appears to the court to have sufficient means to pay the sum forthwith;
b
it appears to the court that he is unlikely to remain long enough at a place of abode in the United Kingdom to enable payment of the sum to be enforced by other methods; or
c
on the occasion when the order is made the court sentences him to immediate imprisonment, custody for life or detention in a young offender institution for that or another offence, or so sentences him for an offence in addition to forfeiting his recognizance, or he is already serving a sentence of custody for life or a term—
i
of imprisonment;
ii
of detention in a young offender institution; or
iii
of detention under section 108 above.
C1C4C6C74
The periods set out in the second column of the following Table shall be the maximum periods of imprisonment or detention under subsection (2) above applicable respectively to the amounts set out opposite them.
Table
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 |
5
Where any person liable for the payment of F14... a sum due under a recognizance to which this section applies is sentenced by the court to, or is serving or otherwise liable to serve, a term of imprisonment or detention in a young offender institution or a term of detention under section 108 above, the court may order that any term of imprisonment or detention fixed under subsection (2) above shall not begin to run until after the end of the first-mentioned term.
6
The power conferred by this section to discharge a recognizance or reduce the amount due under it shall be in addition to the powers conferred by any other Act relating to the discharge, cancellation, mitigation or reduction of recognizances or sums forfeited under recognizances.
7
Subject to subsection (8) below, the powers conferred by this section shall not be taken as restricted by any enactment which authorises the Crown Court to deal with an offender in any way in which a magistrates’ court might have dealt with him or could deal with him.
F178
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12C5C2C99
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
For the purposes of any reference in this section, however expressed, to the term of imprisonment or other detention to which a person has been sentenced or which, or part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall, unless the context otherwise requires, be treated as a single term.
11
Any reference in this section, however expressed, to a previous sentence shall be construed as a reference to a previous sentence passed by a court in Great Britain.
140 Enforcement of F10... recognizances forfeited by Crown Court.
C31
Subject to subsection (5) below, F18... a recognizance forfeited by the Crown Court shall be treated for the purposes of collection, enforcement and remission of the F19... sum as having been F20... forfeited—
a
by a magistrates’ court specified in an order made by the Crown Court, or
b
F21...
C32
Subsection (3) below applies where a magistrates’ court issues a warrant of commitment on a default in the payment of—
F29a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
a sum due under a recognizance forfeited by the Crown Court.
C33
In such a case, the term of imprisonment or detention under section 108 above specified in the warrant of commitment as the term which the offender is liable to serve shall be—
a
the term fixed by the Crown Court under section 139(2) above, or
b
if that term has been reduced under section 79(2) of the M2Magistrates’ Courts Act 1980 (part payment) or section 85(2) of that Act (remission), that term as so reduced,
F25...
C34
Subsections (1) to (3) above shall apply in relation to a F22... recognizance forfeited by the criminal division of the Court of Appeal, or by the F3Supreme Court on appeal from that division, as they apply in relation to a F22... recognizance forfeited by the Crown Court; and references in those subsections to the Crown Court (except the references in subsection (1)(b)) shall be construed accordingly.
5
A magistrates’ court shall not, under section F24... 120 of the M3Magistrates’ Courts Act 1980 as applied by subsection (1) above, remit the whole or any part of a F23... sum due under a recognizance forfeited by—
a
the Crown Court,
b
the criminal division of the Court of Appeal, or
c
the F3Supreme Court on appeal from that division,
without the consent of the Crown Court.
6
Any F26... sum the payment of which is enforceable by a magistrates’ court by virtue of this section shall be treated for the purposes of F30section 38 of the Courts Act 2003 (application of receipts of designated officers)F27... as being due under a recognizance forfeited by F28a magistrates' court.
F35141 Power of Crown Court to allow time for payment, or payment by instalments, of costs and compensation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
142 Power of Crown Court to order search of persons before it.
1
Where—
a
the Crown Court imposes a fine on a person or forfeits his recognizance,
b
the Crown Court makes against a person any such order as is mentioned in paragraph 3, 4 or 9 of Schedule 9 to the Administration of Justice Act 1970 (orders for the payment of costs),
F7ba
the Crown Court makes an order against a person under F33section 46 of the Sentencing Code (criminal courts charge),
c
the Crown Court makes F34an order under Chapter 2 of Part 7 of the Sentencing Code (compensation orders) against a person,
F6ca
the Crown Court makes an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013 against a person,
d
e
on the determination of an appeal brought by a person under section 108 of the M4Magistrates’ Courts Act 1980 a sum is payable by him, whether by virtue of an order of the Crown Court or by virtue of a conviction or order of the magistrates’ court against whose decision the appeal was brought,
then, if that person is before it, the Crown Court may order him to be searched.
2
Any money found on a person in a search under this section may be applied, unless the court otherwise directs, towards payment of the fine or other sum payable by him; and the balance, if any, shall be returned to him.
Word in s. 139 cross-heading substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 164 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2