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Criminal Justice Act 1991

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  • s. 24(2)(ba) inserted by 2013 c. 22 s. 26(7)
  • s. 24(4)(ba) words inserted by 2015 c. 2 Sch. 12 para. 7
  • s. 46(3)(aa) substituted for word by 2008 c. 4 s. 33(7)(b) (This amendment not applied to legislation.gov.uk. S. 33(2)(4)(7)(8) omitted (3.12.2012) by virtue of 2012 c. 10, s. 118(4)(a); S.I. 2012/2906, art. 2(d))
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24 Recovery of fines etc. by deductions from income support.E+W+S

(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 [F1, a jobseeker’s allowance [F2, state pension credit or an income-related 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 [F3that 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;

[F4(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 [F5appeals 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 income support [F6, a jobseeker’s allowance [F7, state pension credit or an income-related 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.

[F8(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 [F9section 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 M1Administration of Justice Act 1970, as having been adjudged to be paid on conviction by such a court.

[F10(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 [F11section 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).]

[F12(3A)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 penalty imposed under [F13section 29 or 37 of the Vehicle Excise and Registration Act 1994] or section 102(3)(aa) of the M2Customs 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 [F13section 30, 36 or 38 of the Vehicle Excise and Registration Act 1994] (liability to additional duty);

(c)an amount ordered to be paid by way of costs which is, by virtue of section 41 of the M3Administration of Justice Act 1970, treated as having been adjudged to be paid on a conviction by a magistrates’ court;

  • [F14income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);]

  • income support” means income support within the meaning of the M4Social Security Act 1986, either alone or together with any F15. . . [F16 incapacity] benefit, [F17or 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 [F18section 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 [F19section 252 of the Criminal Procedure (Scotland) Act 1995], as having been so made.

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Amendments (Textual)

F1Words 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

F2Words 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.

F3Words 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.

F5Words 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)

F6Words 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

F7Words 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.

F9Words in s. 24(3) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 136

F11Words in s. 24(3)(c) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 80(2)(c)

F13Words in s. 24(4) substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 30 (with s. 57(4))

F14S. 24(4): definition of "income-related employment and support allowance" inserted (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(b); S.I. 2008/787, art. 2(4)

F15Words in s. 24(4) repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2

F17Words 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)

F18S. 24(5)(a): Words in s. 24(3)(a) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 80(2)(a)

F19S. 24(5)(b):Words in s. 24(3)(b) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 80(2)(b)

Commencement Information

I1S. 24 wholly in force at 1.10.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(2), Sch. 2.

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