Powers of Criminal Courts (Sentencing) Bill [H.L.] - continued        House of Lords
PART VI, FINANCIAL PENALTIES AND ORDERS - continued

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Young offenders
Limit on fines imposed by magistrates' courts in respect of young offenders.     135. - (1) Where a person aged under 18 is found guilty by a magistrates' court of an offence for which, apart from this section, the court would have power to impose a fine of an amount exceeding £1,000, the amount of any fine imposed by the court shall not exceed £1,000.
 
      (2) In relation to a person aged under 14, subsection (1) above shall have effect as if for "£1,000", in both places where it occurs, there were substituted "£250".
 
Power to order statement as to financial circumstances of parent or guardian.     136. - (1) Before exercising its powers under section 137 below (power to order parent or guardian to pay fine, costs or compensation) against the parent or guardian of an individual who has been convicted of an offence, the court may make a financial circumstances order with respect to the parent or (as the case may be) guardian.
 
      (2) In this section "financial circumstances order" has the meaning given by subsection (3) of section 126 above, and subsections (4) to (6) of that section shall apply in relation to a financial circumstances order made under this section as they apply in relation to such an order made under that section.
 
Power to order parent or guardian to pay fine, costs or compensation.     137. - (1) Where-
 
 
    (a) a child or young person (that is to say, any person aged under 18) is convicted of any offence for the commission of which a fine or costs may be imposed or a compensation order may be made, and
 
    (b) the court is of the opinion that the case would best be met by the imposition of a fine or costs or the making of such an order, whether with or without any other punishment,
  the court shall order that the fine, compensation or costs awarded be paid by the parent or guardian of the child or young person instead of by the child or young person himself, unless the court is satisfied-
 
 
    (i) that the parent or guardian cannot be found; or
 
    (ii) that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.
      (2) Where but for this subsection a court would impose a fine on a child or young person under-
 
 
    (a) paragraph 4(1)(a) or 5(1)(a) of Schedule 3 to this Act (breach of curfew, probation, community service, combination or drug treatment and testing order),
 
    (b) paragraph 2(1)(a) of Schedule 5 to this Act (breach of attendance centre order or attendance centre rules),
 
    (c) paragraph 2(2)(a) of Schedule 7 to this Act (breach of supervision order),
 
    (d) paragraph 2(2)(a) of Schedule 8 to this Act (breach of action plan order or reparation order),
 
    (e) section 104(3)(b) above (breach of requirements of supervision under a detention and training order), or
 
    (f) section 4(3)(b) of the Criminal Justice and Public Order Act 1994 (breach of requirements of supervision under a secure training order),
  the court shall order that the fine be paid by the parent or guardian of the child or young person instead of by the child or young person himself, unless the court is satisfied-
 
 
    (i) that the parent or guardian cannot be found; or
 
    (ii) that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.
      (3) In the case of a young person aged 16 or over, subsections (1) and (2) above shall have effect as if, instead of imposing a duty, they conferred a power to make such an order as is mentioned in those subsections.
 
      (4) Subject to subsection (5) below, no order shall be made under this section without giving the parent or guardian an opportunity of being heard.
 
      (5) An order under this section may be made against a parent or guardian who, having been required to attend, has failed to do so.
 
      (6) A parent or guardian may appeal to the Crown Court against an order under this section made by a magistrates' court.
 
      (7) A parent or guardian may appeal to the Court of Appeal against an order under this section made by the Crown Court, as if he had been convicted on indictment and the order were a sentence passed on his conviction.
 
      (8) In relation to a child or young person for whom a local authority have parental responsibility and who-
 
 
    (a) is in their care, or
 
    (b) is provided with accommodation by them in the exercise of any functions (in particular those under the Children Act 1989) which stand referred to their social services committee under the Local Authority Social Services Act 1970,
  references in this section to his parent or guardian shall be construed as references to that authority.
 
      (9) In subsection (8) above "local authority" and "parental responsibility" have the same meanings as in the Children Act 1989.
 
Fixing of fine or compensation to be paid by parent or guardian.     138. - (1) For the purposes of any order under section 137 above made against the parent or guardian of a child or young person-
 
 
    (a) section 128 above (fixing of fines) shall have effect as if any reference in subsections (1) to (4) to the financial circumstances of the offender were a reference to the financial circumstances of the parent or guardian, and as if subsection (5) were omitted;
 
    (b) section 130(11) above (determination of compensation order) shall have effect as if any reference to the means of the person against whom the compensation order is made were a reference to the financial circumstances of the parent or guardian; and
 
    (c) section 130(12) above (preference to be given to compensation if insufficient means to pay both compensation and a fine) shall have effect as if the reference to the offender were a reference to the parent or guardian;
  but in relation to an order under section 137 made against a local authority this subsection has effect subject to subsection (2) below.
 
      (2) For the purposes of any order under section 137 above made against a local authority, sections 128(1) (duty to inquire into financial circumstances) and 130(11) above shall not apply.
 
      (3) For the purposes of any order under section 137 above, where the parent or guardian of an offender who is a child or young person-
 
 
    (a) has failed to comply with an order under section 136 above, or
 
    (b) has otherwise failed to co-operate with the court in its inquiry into his financial circumstances,
  and the court considers that it has insufficient information to make a proper determination of the parent's or guardian's financial circumstances, it may make such determination as it thinks fit.
 
      (4) Where a court has, in fixing the amount of a fine, determined the financial circumstances of a parent or guardian under subsection (3) above, subsections (2) to (4) of section 129 above (remission of fines) shall (so far as applicable) have effect as they have effect in the case mentioned in section 129(1), but as if the reference in section 129(2) to the offender's financial circumstances were a reference to the financial circumstances of the parent or guardian.
 
      (5) In this section "local authority" has the same meaning as in the Children Act 1989.
 
 
Miscellaneous powers and duties of Crown Court in relation to fines etc.
Powers and duties of Crown Court in relation to fines and forfeited recognizances.     139. - (1) Subject to the provisions of this section, if the Crown Court imposes a fine on any person or forfeits his recognizance, the court may make an order-
 
 
    (a) allowing time for the payment of the amount of the fine or 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) in the case of a recognizance, discharging the recognizance or reducing the amount due under it.
      (2) Subject to the provisions of this section, if the Crown Court imposes a fine on any person or forfeits his 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.
 
      (3) No person shall on the occasion when a fine is imposed on him or 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.
      (4) 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 a fine or 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.
 
      (8) Any term fixed under subsection (2) above as respects a fine imposed in pursuance of such an enactment, that is to say a fine which the magistrates' court could have imposed, shall not exceed the period applicable to that fine (if imposed by the magistrates' court) under section 149(1) of the Customs and Excise Management Act 1979 (maximum periods of imprisonment in default of payment of certain fines).
 
      (9) This section shall not apply to a fine imposed by the Crown Court on appeal against a decision of a magistrates' court, but subsections (2) to (4) above shall apply in relation to a fine imposed or recognizance forfeited by the criminal division of the Court of Appeal, or by the House of Lords on appeal from that division, as they apply in relation to a fine imposed or recognizance forfeited by the Crown Court, and the references to the Crown Court in subsections (2) and (3) above shall be construed accordingly.
 
      (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.
 
 
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