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Crime (Sentences) Act 1997

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This is the original version (as it was originally enacted).

37Persistent petty offenders

(1)This section applies where—

(a)a person is convicted of an offence by a magistrates' court or before the Crown Court;

(b)the court is satisfied that each of the conditions mentioned in subsection (2) below is fulfilled; and

(c)if it were not so satisfied, the court would be minded to impose a fine in respect of the offence.

(2)The conditions are—

(a)that one or more fines imposed on the offender in respect of one or more previous offences have not been paid; and

(b)if a fine were imposed in an amount which was commensurate with the seriousness of the offence, the offender would not have sufficient means to pay it.

(3)Notwithstanding anything in section 6 of the 1991 Act, the court may—

(a)subject to subsections (4) and (6) below, make a community service order; or

(b)subject to subsections (5) and (6) below, make a curfew order,

in respect of the offender instead of imposing a fine.

(4)Subsections (4) and (5) of section 35 above shall apply for the purposes of this section as they apply for the purposes of that section except that—

(a)the reference in subsection (4) to subsection (2)(a) of that section shall be construed as a reference to subsection (3)(a) of this section;

(b)paragraph (a) of subsection (5) shall not apply; and

(c)the reference in paragraph (d) of that subsection to dealing with the person in respect of whom the order was made for his default in paying the sum in question shall be construed as a reference to dealing with the offender for the offence in respect of which the order was made.

(5)Subsections (7), (8) and (10) of section 35 above shall apply for the purposes of this section as they apply for the purposes of that section except that the references in subsections (7) and (10) to subsection (2)(b) of that section shall be construed as references to subsection (3)(b) of this section.

(6)A court shall not make an order under subsection (3)(a) or (b) above unless the court has been notified by the Secretary of State that arrangements for implementing such orders are available in the relevant area and the notice has not been withdrawn.

(7)In subsection (6) above “the relevant area” means—

(a)in relation to an order under subsection (3)(a) above, the area proposed to be specified in the order;

(b)in relation to an order under subsection (3)(b) above, the area in which the place proposed to be specified in the order is situated.

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