Part VIFinancial penalties and orders

Miscellaneous powers and duties of Crown Court in relation to F5recognizancesetc.

Annotations:
Amendments (Textual)
F5

Word in s. 139 cross-heading substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 164 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

142 Power of Crown Court to order search of persons before it.

1

Where—

F2za

the Crown Court orders a person to pay a surcharge under F7section 42 of the Sentencing Code,

a

the Crown Court imposes a fine on a person or forfeits his recognizance,

b

the Crown Court makes against a person any such order as is mentioned in paragraph 3, 4 or 9 of Schedule 9 to the Administration of Justice Act 1970 (orders for the payment of costs),

F4ba

the Crown Court makes an order against a person under F8section 46 of the Sentencing Code (criminal courts charge),

c

the Crown Court makes F9an order under Chapter 2 of Part 7 of the Sentencing Code (compensation orders) against a person,

F3ca

the Crown Court makes an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013 against a person,

d

the Crown Court makes against a person an order under F6section 380(1) of the Sentencing Code (order for parent or guardian to pay fine, costs F1, compensation or surcharge), or

e

on the determination of an appeal brought by a person under section 108 of the M1Magistrates’ Courts Act 1980 a sum is payable by him, whether by virtue of an order of the Crown Court or by virtue of a conviction or order of the magistrates’ court against whose decision the appeal was brought,

then, if that person is before it, the Crown Court may order him to be searched.

2

Any money found on a person in a search under this section may be applied, unless the court otherwise directs, towards payment of the fine or other sum payable by him; and the balance, if any, shall be returned to him.