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Magistrates’ Courts Act 1980

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Magistrates’ Courts Act 1980, Section 85 is up to date with all changes known to be in force on or before 21 August 2019. 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. Help about Changes to Legislation

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[F185 Power to remit fine.E+W

(1)Where a fine has been imposed on conviction of an offender by a magistrates’ court, the court may at any time remit the whole or any part of the fine, but only if it thinks it just to do so having regard to a change of circumstances which has occurred—

(a)where the court is considering whether to issue a warrant of commitment after the issue of such a warrant in respect of the fine has been postponed under subsection (2) of [F2section 77] above, since the relevant time as defined in subsection (4) of that section; and

(b)in any other case, since the date of the conviction.

(2)Where the court remits the whole or part of the fine after a term of imprisonment has been fixed, it shall also reduce the term by an amount which bears the same proportion to the whole term as the amount remitted bears to the whole or, as the case may be, shall remit the whole term.

[F3(2A)Where the court remits the whole or part of the fine after an order has been made under section 35(2)(a) or (b) of the Crime (Sentences) Act 1997, it shall also reduce the total number of hours or days to which the order relates by a number which bears the same proportion as the amount remitted bears to the whole sum or, as the case may be, shall revoke the order.

[F4(2B)Where the court remits the whole or part of the fine after a work order has been made under Schedule 6 to the Courts Act 2003 (discharge of fines by unpaid work), it shall also reduce the number of hours specified in the order by a number which bears the same proportion as the amount remitted bears to the whole sum or, as the case may be, shall revoke the order.]

(3)In calculating any reduction required by subsection (2) or [F5, (2A) or (2B)] above any fraction of a day or hour shall be left out of account.]

[F6(3A)Where—

(a)the court remits the whole or part of the fine, and

(b)the offender was ordered under section 161A of the Criminal Justice Act 2003 to pay a surcharge the amount of which was set by reference to the amount of the fine,

the court shall determine how much the surcharge would have been if the fine had not included the amount remitted, and remit the balance of the surcharge.]

(4)Notwithstanding the definition of “fine” in section 150(1) below, references in this section to a fine do not include any other sum adjudged to be paid on conviction, whether as a pecuniary penalty, forfeiture, compensation or otherwise.]

Textual Amendments

F2Words in s. 85(1)(a) expressed to be substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para.32; S.I. 1998/2327, art.2(1)(w)

F3S. 85(2A)(3) substituted (1.1.1998) for s. 85(3) by 1997 c. 43, s. 55(1), Sch. 4 para. 10(2); S.I. 1997/2200, art. 3(d)

F5Words in s. 85(3) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 222(3); S.I. 2005/910, art. 3(y)

Modifications etc. (not altering text)

C1S. 85 modified by Road Traffic Offenders Act 1988 (c. 53, SIF 107:1), ss. 71(8), 92

S. 85 restricted (3.2.1995) by 1994 c. 37, ss. 9(4)(a), 69(2) (with s. 66(2))

S. 85 amended (1.1.1998) by 1997 c. 43, s. 55(2); S.I. 1997/2200, art. 2(1)(m)

C2S. 85(1) restricted (25.8.2000) by 2000 c. 6, ss. 140(5), 168(1)

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