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Criminal Justice Act 1991, Cross Heading: Financial penalties: supplemental is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1S. 21 repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)
Textual Amendments
F2S. 22 repealed (20.9.1993) by 1993 c. 36, ss. 65(3)(4), 79(14), Sch. 3 para. 4, Sch. 6 Pt.I; S.I. 1993/1968, art. 2(2), Sch.2, Appendix.
(1)In the [F3Table 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 M1Criminal 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 M2Administration 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.
Extent Information
E1S. 23 extends to England and Wales only except as mentioned in s. 102(4) - (6).
Textual Amendments
Commencement Information
I1S. 23 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
Marginal Citations
(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 [F5, an unlawful profit order or a slavery and trafficking reparation order] which has been made against an offender by such a court, and (in either case) the offender is entitled to [F6universal credit,] income support [F7, a jobseeker’s allowance [F8, state pension credit or an F9... 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 [F10that benefit], in order to secure the payment of any sum which is or forms part of the fine [F11, compensation or unlawful profit]; 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;
[F12(aa)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 [F13appeals 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)provision as to the calculation of such sums (which may include provision to secure that amounts payable to the offender by way of [F14universal credit,] income support [F15, a jobseeker’s allowance [F16, state pension credit or an F17... employment and support allowance]] 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.
[F18(2A)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 [F19section 132 of the Sentencing Code] , as having been so imposed; and
(b)the reference to a sum being required to be paid by a compensation order [F20, an unlawful profit order or a slavery and trafficking reparation 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 M3Administration of Justice Act 1970, as having been adjudged to be paid on conviction by such a court.
[F21(c)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 [F22section 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).]
[F23(3A)This section applies in relation to a surcharge imposed under [F24section 42 of the Sentencing Code] [F25or section 253F of the Criminal Procedure (Scotland) Act 1995] as if any reference in subsection (1) or (3) above to a fine included a reference to a surcharge.]
[F26(3B)This section applies in relation to a restitution order imposed under section 253A of the Criminal Procedure (Scotland) Act 1995 as if any reference in subsection (1) or (3) above to a fine included a reference to a restitution order.]
(4)In this section—
“fine” includes—
(a) a penalty imposed under [F27section 29 or 37 of the Vehicle Excise and Registration Act 1994] or section 102(3)(aa) of the M4Customs 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 [F27section 30, 36 or 38 of the Vehicle Excise and Registration Act 1994] (liability to additional duty);
[F28(ba) a charge ordered to be paid under [F29section 46 of the Sentencing Code] (criminal courts charge);]
(c) an amount ordered to be paid by way of costs which is, by virtue of section 41 of the M5Administration of Justice Act 1970, treated as having been adjudged to be paid on a conviction by a magistrates’ court;
F30...
“income support” means income support within the meaning of the M6Social Security Act 1986, either alone or together with any F31... [F32 incapacity] benefit, [F33or retirement pension] which is paid by means of the same instrument of payment;
“prescribed” means prescribed by regulations made by the Secretary of State.
[F34“slavery and trafficking reparation order” means an order under section 8 of the Modern Slavery Act 2015;]
[F35“unlawful profit order” means an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013.]
(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 [F36section 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 [F37section 252 of the Criminal Procedure (Scotland) Act 1995], as having been so made.”
Textual Amendments
F4Words in s. 24 heading inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 8(a)
F5Words in s. 24(1) substituted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 12(2); S.I. 2015/1476, reg. 2(j)
F6Words in s. 24(1) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 8(b)
F7Words in s. 24(1) substituted (2.7.2002 for specified purposes and otherwise 6.10.2003) by State Pension Credit Act 2002 (c. 16), ss. 14, 22(2)(3), Sch. 2 para. 31(a); S.I. 2002/1691, art. 2 ; S.I. 2003/1766, art. 2
F8Words in s. 24(1) substituted (18.3.2008 for certain purposes and 27.10.2008 otherwise) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 8(a); S.I. 2008/787, art. 2(1)(4), Sch.
F9Words in s. 24(1) repealed (with effect from 27.10.2008 in accordance with s. 109(3) of the amending Act) by Welfare Reform Act 2012 (c. 5), ss. 109(1)(a), 150(1)(d)
F10Words in s. 24(1)(a) substituted (11.6.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 21; S.I. 1996/1509, art. 2, Sch.
F11Words in s. 24(1)(b) substituted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 5(2)(b); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2
F12S. 24(2)(aa) inserted (E.W.) (5.4.2004) by Courts Act 2003 (c. 39), ss. 96(1)(2) , 110; S.I. 2004/174, art. 3
F13Words in s. 24(2)(b) substituted (18.10.1998 for specified provisions, 29.11.1999 for further specified provisions, otherwise prosp.) by 1998 c. 14, s. 86(1), Sch.7 para. 55; S.I. 1999/2860, art. 2, Sch. 1 (with art. 5 and subject to transitional provisions in Schs. 16-18); S.I. 1999/3178, art. 2, Sch. 1 (subject to transitional provisions in Schs. 21-23)
F14Words in s. 24(2)(d) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 8(b)
F15Words in s. 24(2)(d) substituted (2.7.2002 for specified purposes and otherwise 6.10.2003) by State Pension Credit Act 2002 (c. 16), ss. 14, 22(2)(3), Sch. 2 para. 31(b) ; S.I. 2002/1691, art. 2 ; S.I. 2003/1766, art. 2
F16Words in s. 24(2)(d) substituted (18.3.2008 for certain purposes and 27.10.2008 otherwise) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 8(a); S.I. 2008/787, art. 2(1)(4), Sch.
F17Words in s. 24(2)(d) repealed (with effect from 27.10.2008 in accordance with s. 109(3) of the amending Act) by Welfare Reform Act 2012 (c. 5), ss. 109(1)(a), 150(1)(d)
F18S. 24(2A)-(2C) inserted (E.W.) (5.4.2004) by Courts Act 2003 (c. 39), ss. 96(3) , 110; S.I. 2004/174, art. 3
F19Words in s. 24(3)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 120(2) (with Sch. 27); S.I. 2020/1236, reg. 2
F20Words in s. 24(3)(b) substituted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 12(3); S.I. 2015/1476, reg. 2(j)
F21S. 24(3)(c) inserted (3.2.1995) by 1994 c. 33, s. 47(3); S.I. 1995/127, art. 2(1), Sch. 1
F22Words in s. 24(3)(c) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 80(2)(c)
F23S. 24(3A) inserted (1.4.2007) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60; Sch. 10 para. 30 ; S.I. 2007/602, art. 2(b)(c)
F24Words in s. 24(3A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 120(3) (with Sch. 27); S.I. 2020/1236, reg. 2
F25Words in s. 24(3A) inserted (9.7.2019) by The Victims and Witnesses (Scotland) Act 2014 (Consequential Modification) Order 2019 (S.I. 2019/1092), arts. 1, 2
F26S. 24(3B) inserted (10.6.2020) by The Victims and Witnesses (Scotland) Act 2014 (Consequential Modification) Order 2020 (S.I. 2020/584), arts. 1(1), 2
F27Words in s. 24(4) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 30 (with s. 57(4))
F28S. 24(4): para. (ba) inserted in definition of "fine" (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 12 para. 7; S.I. 2015/778, art. 3, Sch. 1 para. 78
F29Words in s. 24(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 120(4) (with Sch. 27); S.I. 2020/1236, reg. 2
F30S. 24(4): definition of "income-related employment and support allowance" repealed (with effect from 27.10.2008 in accordance with s. 109(3) of the amending Act) by Welfare Reform Act 2012 (c. 5), ss. 109(1)(b), 150(1)(d)
F31Words in s. 24(4) repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2
F32Word in s. 24(4) substituted (13.4.1995) by 1994 c. 18, s. 11(1), Sch. 1 Pt. II para. 55; S.I. 1994/2926, art. 2, Sch. Pt. IV
F33Words in definition of “income support” in s. 24(4) substituted (6.4.2001) by 1999 c. 30, s. 70, Sch. 8 Pt. III para. 27; S.I. 2000/2958, art. 2(6)(b) (subject to arts. 3, 4)
F34S. 24(4): definition of "slavery and trafficking reparation order" inserted (31.7.2015) by Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 12(4); S.I. 2015/1476, reg. 2(j)
F35S. 24(4): definition of “unlawful profit order” inserted (15.10.2013 for E., 5.11.2013 for W.) by Prevention of Social Housing Fraud Act 2013 (c. 3), s. 12, Sch. para. 5(4); S.I. 2013/2622, art. 2; S.I. 2013/2861, art. 2
F36S. 24(5)(a): words in subsecton (3)(a) as it applies to Scotland substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 80(2)(a)
F37S. 24(5)(b): words in subsecton (3)(b) as it applies to Scotland substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 80(2)(b)
Commencement Information
I2S. 24 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.
Marginal Citations
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